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Enterprise Project Support Contract (Cape)

Verified 07 November 2019 - Directorate for Legal and Administrative Information (Prime Minister)

The Enterprise Project Support Contract (Cape) allows you if you want to create or take over a company to benefit from the support of a company or association. The latter is committed to providing you with special and continuous assistance (for example, material and financial means). In exchange, you commit to a program of preparation for creation, or for the resumption and management of business. The Cape is not a contract of employment.

The Cape is a contract by which a company or association provides a natural person with a program of preparation for the creation or resumption of a business and the management of an economic activity.

The Cape is proposed by a company or association.

The company or association provides you with technical and material means. It helps you prepare for the start-up or take-over of a business and manage an activity.

The Cape allows:

  • study of the feasibility of a project
  • the implementation of all the conditions for carrying out the project
  • the completion of preparatory acts for the establishment or takeover of undertakings
  • supporting the development of your business

You can benefit from the Cape as:

  • A natural person who is a promoter of a project to create or take over a business, with the exception of full-time employees
  • Unique Associate Director of a EURL: titleContent or SASU: titleContent

Nature

The Cape must be concluded in writing.

It has a maximum duration of 12 months.

It can be renewed twice.

The Cape is also renewed in writing.

Content

The Cape defines the following:

  • Preparing to Start or Resume and Manage a Business
  • Commitments of the 2 parties, distinguishing between those provided for up to the beginning of the activity and those applicable after the beginning of the activity
  • Nature, amount and conditions of use of the resources made available to you by the accompanying undertaking and possible evolution during the contract
  • Calculation conditions or the lump sum of the accompanying undertaking's remuneration and their possible evolution during the contract
  • Nature, the maximum amount and terms of the commitments you will have made to third parties during the course of the contract and the party who bears the financial burden
  • Conditions and periodicity according to which the accompanying company is informed of your accounting data after the start of the activity
  • Early Break Terms
  • Your possible remuneration, its conditions of calculation and payment
  • Conditions under which you will pay to the company accompanying the payment the sums corresponding to the amount of social contributions paid by it on your behalf, after the start of the activity

Upon conclusion of the contract, the undertaking or association shall inform theUrssaf: titleContent (the CGSS: titleContent in DOM: titleContent) and Employment center.

It shall also inform them of the term provided for in the contract, of the renewal or early termination of the contract.

Warning  

the Cape is not a contract of employment.

Before registration

Before registering, and even when the activity does not require registration, you must complete certain formalities when you register with the following registers:

  • Trade and company register
  • Business Directory
  • Special Register of Commercial Agents
  • Any other legal advertising register

You must register your business with the CFE: titleContent competent.

You are required to indicate on all your business papers (i.e. invoices, order notes, advertising documents and all correspondence) that you benefit from a Cape.

More specifically, on these documents you should mention the following:

  • Social name
  • Place of registered office
  • Identification number of the accompanying undertaking
  • Contract term.

Please note

as soon as they fall within the framework of the support and preparation program, the commitments made to third parties shall be assumed by the accompanying undertaking.

After registration

You and the accompanying company are jointly and severally liable for the commitments you make, in accordance with the provisions of the contract, until its conclusion.

You have the following social rights:

  • Social insurance affiliation of the general social security scheme
  • Compulsory coverage for accidents at work

FYI  

you can benefit from maintaining your unemployment benefit return-to-work assistance (ARE) during the performance of the Cape and you open new rights to unemployment insurance in case of remuneration during the Cape.