The assistance with the creation or the resumption of company , more known under the initials ACRE (in the past ACCRE ) is a device French supposed to develop the creations of companies. This device is addressed mainly to the unemployed. They must make of it the request near the Departmental management of Work, the Use and the Professional training of the seat of their company.

Principle

The recipient of the ACRE is exonerated from social contributions during 1 year (except for the paid CSG and CRDS quarterly).

The L161-1-2 article of the code of the Social security fixes a ceiling, which must be specified by decree. This ceiling is of 120% of the SMIC.

In certain cases, in particular that of the microphone-companies, this duration can be wide at 3 years, subject to nongoing beyond of certain thresholds of incomes, the exemption relating to part of those.

In addition, the recipients can also have accounts - checks council usable near organizations of accompaniment with the creation of companies. However, the availability of the accounts - checks council is subjected to many risks.

The recipients also can, under certain conditions (age, resources, situation) of laying out of an financial aid in the form of a baptized refundable advance EDEN.

The device

The device of the assistance to the creative unemployed or transferees of companies, although resulting from a governmental initiative, anticipated the concept of activation of the passive expenditure taken again then by managements and labor within the framework of the devices on the insurance unemployment.

The original character of this measurement is due to its double nature, social and economic: helps with the insertion of the individuals of employment and assistance to the creation of company and the re-creation of economic fabric

This double nature will post with the wire of the multiple reforms which mark out its history, with readjustments according to the socio-economic context - market situation of work and the political constraints - will cause a drop in the unemployment on a side and constraints budgetary of the other.

The total device of assistance to the creation or the resumption of company managed by the ministry in load of Work gathers a set of measures: • a social measure of exemption from charges; • the attribution of check book-councils; • and, for certain recipients, an financial aid and accompanying measures and of personalized follow-up (device EDEN).

Key dates

The assistance with the creative unemployed or transferees of companies (ACCRE) was born in 1977 from a reflection from the Prime Minister Raymond Barre with unemployed, the assistance addresses himself initially to the executives, then is extended to other categories of applicants for work: by the payment of an financial aid equivalent to a capitalization of their unemployment pays, one incites applicants for work to create their company and consequently their own employment.

After one period of experimentation (until in 1979), the device is legalized, although always managed and financed by managements and labor (Unedic) until in 1984.

The State then takes responsibility for its operation of the device, at the moment when the mode of insurance unemployment is reformed and where two modes are founded - conventional mode (Unedic) and mode solidarity (public).

The law of the 3/01/1985: the ACCRE is presented in the form of a help of right, extended to all the categories of unemployeds on benefit - under the conventional mode or mode for solidarity.

Its success and the budgetary incidences which accompany it, but also the widening of the field of the recipients to the public ones less armed for this step, encourages the public authorities to modify the device.

The decree of 1987 puts thus fine at the automation of the assistance: the ACCRE remains of right, but in addition to administrative conditions of eligibility holding with the person, her attribution from now on is subjected to the appreciation related to the economic feasibility of the project: the request for assistance must be accompanied by a file making it possible the administration to appreciate the reality and the economic consistency of the projects. The Prefect makes his decision after having taken the opinion of a departmental committee (collegial authority made up members of the administration and qualified personalities: consular networks, rooms etc). This power of appreciation left with the administration gives on the assistance a certain discrétionnaire character.

In 1989, is instituted the device of the check council, which envisages the financing by the State of services of council.

The allocatees of RMI having been integrated in 1991, they are from now on public the very far away ones from the job market which is encouraged to create their company and consequently their own employment.

The quinquennial law of 1993 deliberately opens the field of measurement to all the unemployed, compensated or not, and tries to impose on the administration a speed increased in the instruction of the files, while preserving the principle of selectivity of the projects.

The device explodes so to speak, with 80.000 recipients in 1994 and 90.000 in 1995 (against 53.000 in 1993. The reaction of the Ministry for the Budget is not made wait. although with exclusively budgetary aiming, the finance laws 1995 and of 1996, post a will to hold the assistance with public more in difficulty while preserving at the device its double social and economic nature.

The device, resulting from the finance law for 1997 removes financial aid, by maintaining the only exemption of the social contributions, can with difficulty maintain balance between assistance with employment for the public ones in difficulty and assistance with the company.

Parallel to this device, the Ministry of Labor led a policy of support for the networks specialized in the accompaniment of the creators. Grace in particular to the ACCRE, the applicants for work were recognized like economic actors with whole share.

The law of October 16th 1997 on young employment reintroduces in fact a subsidizing of certain company founders, those eligible with young employment. This device will not be implemented immediately, but will be the subject of a joint procedure with the decisions of the law of orientation of July 29th 1998 relating to the fight against exclusions, which envisages similar assistances for people in difficulties (profit of the social minimums. In the decree of November 1998, a category is added: that of the employees taking again a company in difficulty. New help is baptized EDEN, assistance with the emergence of new companies. A refundable Avance of 50.000 francs is instituted, managed by accredited organizations. It was to be of one matched followed by the contractors, but the methods of the accompaniment will be cancelled by the administrative jurisdiction in 1999. EDEN is managed within the framework of the ACCRE, even if all the recipients of the ACCRE cannot claim there.

A decree of September 2001 transforms the refundable advance into subsidy. The already refunded sums are restored with the interested parties. Since September 27th 2004, it again takes the form of a refundable advance.

Texts of reference

The ACRE is governed by the articles L 351-24, R 351-41 to 49 of the labor regulation, L161-1, L161-1-1, L161-24, D161-1 and D161-1-1 of the code of the social security, and decrees n°97-637 of the 5/31/97, 98-1070 of the 11/27/98, 99-286 of the 4/13/99, 2001-803 of the 9/5/01, like by the laws n°97-940 from the 10/16/97, 98-657 of the 7/29/98, 2003-721 of August 1st, 2003 and 2005-292 of May 27th, 2005.

See too

Sources of the legal texts

Random links:

Bechara El-Khoury | Elements of epidemiology concerning the avian flu | Cesare Danova | The Black and White Album | ESPN World Speed