The National Assembly adopted at first reading the bill “in favor of independent professional activity”, already voted in the Senate in October. The provision providing in particular for the protection of their personal assets in the event of a hard blow.
The text, submitted to an accelerated procedure, must now be the subject of a joint joint committee (CMP) with the Senate, intended to find a compromise on the points of divergence between the versions of the two chambers, the last word going to The national assembly. The government is aiming for final adoption before the end of the legislature, for implementation this year.
The reform constitutes “the cornerstone” of the plan in favor of self-employed workers announced by Emmanuel Macron on September 16, underlined the Minister in charge of SMEs, Jean-Baptiste Lemoyne. According to the minister, this sector is showing real dynamism with 840,000 business creations in 2020, or 4% more than in 2019, and “more than 900,000” from January to November 2021.
Two heritages
For the government, this text aims to provide “a fairer and more protective environment for the three million self-employed in our country”, whose activity by nature faces significant risks, currently reinforced by the uncertainties associated with the health crisis. , underlined LREM rapporteur Marie-Christine Verdier-Jouclas. With this text, individual entrepreneurs would thus be holders of two assets, one professional, the other personal which would be elusive in the event of default, whereas today only the main residence is protected.
This reform derogates from the legal principle of the uniqueness of the patrimonies was a recurring request of these workers (craftsmen, traders, liberal professionals…). It remains for the Assembly and the Senate to find and specify what this legal demarcation point is between these two heritages.
Still, questions remain. Elected officials from the right and the left have expressed concerns, in particular regarding the possibility for creditors, in particular banks, to circumvent the protection offered by the new statute. Amendments by Jean-Paul Mattei (MoDem) were, however, adopted in session to provide more guarantees on this subject, in particular by further framing a possible waiver of the protection of personal assets.
In addition, this project also provides for extended conditions of access to the allowance for self-employed workers (ATI) in order to open unemployment insurance to them. It also facilitates the transfer of the business and simplifies the financing of vocational training.
