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The "EI" label applies to artist authors
You will find attached the note sent to us by the Ministry in response to our question as to whether artist-authors were concerned by the addition of the words "entrepreneur individuel" (sole trader) to their commercial, administrative and financial documents.
The text confirms that A.A.s who choose to practice as sole proprietors rather than as companies are indeed included in the scope of the decree.
Decree of April 28, 2022 on sole traders - Applicability to artists and authors
Dear Sir or Madam,
A number of organizations have asked us about the scope of Decree no. 2022-725 of April 28, 2022, concerning the definition of the professional assets of sole proprietors and information on documents and correspondence for professional use, and its applicability to artists and authors.
Having contacted the Ministry of the Economy, Finance and Industrial and Digital Sovereignty, which is responsible for this text, we are able to provide you with the following information.
This decree has neither the effect nor the purpose of broadening the scope of application of the status of individual entrepreneur, as defined by the law of February 14, 2022 in favor of independent professional activity (API law).
Since May 15, 2022, this status has applied to any self-employed person already working as a sole trader in the past, and to those wishing to do so in the future. in the future, whether as a trader, craftsman, farmer, liberal professional, regulated or not (such as, for example, a sports coach, photographer, doctor, lawyer...).
The above-mentioned decree defines the professional assets of the sole proprietor and the obligation to mention this status to third parties, in particular creditors whose right of pledge is now limited to these professional assets. This is where the protection afforded by the status of sole trader lies: as a matter of principle, the personal assets of the sole proprietor are no longer liable to creditors whose claims arise in connection with the independent professional activity. This protection is in addition to the de jure unseizability of the principal residence, which all sole traders have enjoyed for several years now.
The obligations set out in the decree (information on documents and dedicated accounts) apply only to artists and authors who are sole proprietors within the meaning of the API law, i.e. those who have chosen, or will choose, to carry on their business as a sole proprietorship.
Please do not hesitate to contact us should you require any further information.
Yours sincerely
Département aux politiques professionnelles et sociales des auteurs
Direction générale de la création artistique
French Ministry of Culture
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