GENERAL PARTNERSHIP (SNC) and the GDPR
The Société en Nom Collectif (SNC) is a legal form of business in France that allows several people to join together to operate a business together. Unlike other forms of business, all partners are liable for the company's debts with their personal and joint assets, meaning that each partner is responsible for all of the company's debts. The partners' liability is therefore unlimited.
The General Partnership (SNC) is aimed at people wishing to carry out an economic activity in association with other people, whether natural or legal persons.
The SNC is particularly suited to entrepreneurs who wish to carry out their business jointly, in a transparent and supportive manner. It allows for considerable contractual freedom between partners, as well as great flexibility in managing the business.
The SNC is also suitable for commercial activities which require a certain solidarity between the partners, or when the contribution of each of the partners is important for the achievement of the company's corporate purpose.
It should be noted, however, that the SNC is a little-used form of company, as it has certain disadvantages, including indefinite and joint liability of all partners in the event of company debts, as well as a certain rigidity in terms of the transfer of company shares. In addition, the creation of an SNC requires the drafting of precise statutes and a relatively high level of formality.
The SNC is managed by one or more managers, who are appointed by the partners and are responsible for the day-to-day management of the company. The partners have decision-making power over the company's major decisions. The company's profits are distributed among the partners according to their shares in the share capital.
The SNC is not subject to corporate income tax (IS), but the company's profits are taxed at the level of the partners, based on their shares in the company. Partners may freely transfer their shares, but their transfer may be subject to certain restrictions set out in the company's articles of association.
The SNC offers advantages such as simplicity of formation and management, flexibility of internal organization and the possibility of benefiting from a certain confidentiality, but it also has significant disadvantages, such as the unlimited liability of the partners on their personal assets and the difficulty of finding outside investors. As a result, the SNC is often used for family businesses or for partnerships between trusted people.
As a General Partnership (SNC), the types and nature of personal data you can process will depend on the type of business you carry out. However, here are some examples of personal data that SNCs may process:
- Personally identifiable information: This may include data such as name, address, email address, telephone number, date of birth, and social security number.
- Financial Information: This may include information such as credit card numbers, banking information, payment information, debts and financial assets.
- Employment Information: This may include information such as employee name, employee address, salary, leave details, and benefits.
- Customer Information: This may include information such as the customer's name, address, telephone number, and purchase history.
- Supplier Information: This may include information such as name, address, telephone number and contract terms.
- Partner information: This may include information such as each partner's name, address, and share in the business.
It is important to note that SNCs are subject to personal data protection regulations and must comply with applicable data protection laws, such as the General Data Protection Regulation (GDPR) in Europe and the Consumer Online Privacy Protection Act (CCPA) in California. SNCs must ensure that all personal data they collect is processed securely and in accordance with applicable laws.