The training sector is booming, particularly in the distance learning since the health crisis. But how can we create a training organization, what are the steps to do so and the resulting obligations?
Article Summary:
- Who can create a training organization?
- Why create your own training organization?
- The steps prior to creation
- Choosing a legal status
- How to declare your activity?
- Reasons for refusal and cancellation
- Obligations of training organizations
- Specificities related to the creation of a skills assessment center
Who can create a training organization?
There are no specific qualifications to create a training organization. Individuals, like companies, can provide training. This is why there are a number of players on the training market who do not necessarily have specific diplomas or training. This is also why training organizations are advised to obtain a label, in order to distinguish themselves.
Why create your own training organization?
Updating employees' skills is becoming increasingly important. Many people want to improve their skills, carry out skills assessments, or access training that will allow them to obtain a promotion, a position of responsibility or better remuneration.
By creating a training organization, you are therefore putting yourself at the service of these employees, job seekers or even individuals; and you are helping them achieve their goals.
Finally, the training sector does not seem to be affected by the crisis and remains a very lucrative sector, although concentrated (5% of training organizations generate 70% of the total turnover).
It is possible to train without being a training organization. Declaring yourself as such, on the other hand, allows you to access the professional training market. If you do not take the necessary steps, you will only be able to work with individuals.
Furthermore, if you are a training organization and you obtain certification Qualiopi, you will have access to public and mutual funds, thus allowing your clients to finance their training.
The steps prior to creating a training organization
The regulations in force are governed by Law No. 2018-771 of September 5, 2018 on the freedom to choose one's professional future.
Creating and declaring a training organization is quite simple, but to put all chances of success on your side, it is better to go through some preliminary steps.
- Carry out a market study and a study of your own strengths: what skills do you have, who your target audience would be and what their expectations would be (in terms of courses, methods, financial resources, etc.).
- Develop your training catalog
- Analyze whether your project is financially viable
- Define human and material resource requirements: for example, if you offer face-to-face training, you will need to find premises that meet the standards governing establishments receiving the public (ERP). On the other hand, for distance learning you will need to invest in computer equipment and digital resources.
- Develop a marketing plan to make yourself known.
Choosing a legal status
Before you can offer your first training course and register with DREETS, you must choose and obtain a legal status, since you will have to provide your registration certificate to INSEE to declare your training organization.
There are several types of legal status:
- Micro-entrepreneur or self-employed: Your personal assets are mixed with those of your business, and you cannot recruit employees. This status is advantageous for independent trainers who are starting their business and do not wish to invest.
- The individual enterprise (EIRL) : you are also self-employed, but your assets are not mixed with those of your business. You can also opt for corporate tax instead of income tax.
- The single-member simplified joint-stock company (SASU) : your company has a single partner and you can be considered an employee. However, you must demonstrate great administrative rigor and respect all legal obligations.
- The SARL : you are several partners.
Once you have chosen your status, you must register with INSEE and obtain a SIREN number or a KBIS.
How to declare your activity?
You can then make yourself known and land your first contract. From this point on, you must comply with the obligations to declare a training organization.
In particular, you must obtain an activity declaration number.
The application for a declaration of activity must be made to the DRIEETS. It is necessary for continuing education, but not for training offered to individuals as part of leisure activities. With regard to internal training within companies, the activity declaration number is not mandatory, but it remains recommended in certain cases, depending on the volume or for the promotion of training as part of the skills development plan.
The application must be made within three months of the start of the first training contract. Your first contract or agreement will therefore be made without an activity declaration number, which is completely normal. You will simply note "in the process of being registered" on your documents.
We advise you to put together your file as soon as the training begins. The documents requested may vary slightly depending on the region (check with your DRIEETS), but here are the documents typically requested:
- The form Cerfa n° 10782*05 duly completed
- A KBIS or an INSEE registration certificate
- The document justifying an initial training action (training contract or agreement)
- The manager's criminal record extract
- Copy of the detailed training program
- Identity and CVs of trainers
You will receive a letter to obtain the activity declaration number which you should keep carefully, as it will allow you to access, among other things, the State's online services such as EDOF for the CPF or the site to complete your Educational and Financial Report.
Please note that the activity declaration number does not constitute approval or authorization from the state. It simply authorizes an organization to deliver skills development actions.
You will need to include your activity declaration number on your official documents.
Grounds for refusal and cancellation of a declaration of activity
There are several reasons that may justify a refusal or cancellation:
- An incomplete file
- Training actions not falling within the scope of vocational training
- Legal or regulatory provisions not respected (in particular concerning training programs)
- A legal or natural person not authorized to exercise a professional training function
The declaration is checked by transmitting the Educational and Financial ReportIf this document is not submitted, the activity declaration will be cancelled.
In case of refusal or cancellation, you can contact the DIRECCTE to start the process of obtaining a new number. Indeed, without an active activity declaration number, you no longer have the right to take training actions, so you must regulate the situation as quickly as possible.
Obligations of training organizations
Once you have your activity declaration number, you are officially a training organization. You are listed on public list of training entities and you may be exempt from VAT under certain conditions.
On the other hand, the status of training organization comes with certain obligations.
In particular, you must have certain essential documents for any training action:
- The training program given to the trainee before registration and including
- The objectives
- The target audience
- Prerequisites
- The duration of the program
- The educational and technical means implemented
- The detailed content of the training
- The methods of monitoring and evaluating training
- The training agreement signed and including
- The activity declaration number, with the correct wording received by mail
- The name or business name of the signatories
- The title and nature of the training
- The duration of the training
- The number of interns
- The methods of monitoring knowledge and sanctioning training
- Payment terms
- The training certificate, to be given to trainees at the end of the training course
- Evaluation questionnaires, as part of continuous improvement:
- Upstream assessment: allows you to measure the prerequisites
- Hot evaluation: allows trainee satisfaction to be assessed immediately after the training session
- Cold evaluation: allows you to assess satisfaction and whether the objectives have been achieved, 1 to 6 months after the end of the training.
You must also complete and submit the Educational and Financial Report each year.
Finally, you must respect the National collective agreement for training organizations, which concerns the working rules of trainers and staff within the organization. It also governs the rules governing the use of external trainers such as independent workers.
You can download a detailed guide written by the DIRECCTE of Ile-de-France in 2019 here.
Specificities related to the creation of a Skills Assessment center
To create a skills assessment center, you must follow the same steps as to create a training organization. Added to this are some additional specificities and obligations.
Respect the three phases
Skills assessments include three mandatory phases.
- The first phase is the preliminary phase. This is a free preliminary interview. It should allow us to analyze the beneficiary's request and needs, determine the most suitable format and define the terms of the assessment. This phase leads to the issue of the agreement.
- The second phase is the investigation phase. It must allow the beneficiary to build his professional project or to develop one or more alternatives. This is done by identifying his knowledge, experiences, interests and skills. The reflection on the possible paths of professional projects must be traced.
- The third and final phase is the conclusion phaseThese are personalized interviews that allow you to take ownership of the results of the investigation phase and to formalize professional projects by analyzing the risks, assets and areas for improvement.
The beneficiary must then be presented with detailed results and a summary document. The summary is confidential and must be destroyed six months after the end of the assessment.
Respect ethics and confidentiality
Skills assessment centers must pay close attention to ethics and confidentiality. In particular, they must have a code of ethics. They must also destroy all documents after the support, with the exception of items required in the event of an inspection or for the Qualiopi audit.
Documents relating to a skills assessment, and in particular the summary, are the property of the beneficiary and may only be communicated to a third party with their agreement.
If tests are offered, the attendant must be trained to interpret them.
CPF eligibility
The skills assessment is one of the rare training courses eligible by law for the CPF, by decree. Its CPF code is 202.
You therefore do not need to take any steps to make your skills assessment eligible, and you can simply enter it on EDOF, the CPF website.
On average, the price of a skills assessment is €1,500, but prices vary depending on the organization. Some have a slightly lower price while others cost up to €3,000.
