Indeed, it's possible to adopt Holacracy without including constitution in the company statutes.
Actually, we have checked SARL already, as other legal forms of company with an expert in Marseille, and the result is SAS remains the best in our case.
However, SAS requires the nomination of a President, who's power could allow to reject (un-adopt) constitution in my understanding. I may be wrong...hopefully !
The experts we have found so far do not know enough about holacracy (too new), therefore couldn't answer us with sufficient accuracy. Hence my question to the community here...
Meanwhile, we have taken a project to reach out encode.org and explore further solutions, but it may take some time I guess before we get valuable answers. And we would like to avoid slowing down our evolution for such issues.
In the end, I think we will trust Life, have Faith in the mindfulness of the team we are today and cross fingers for everything to get along well within a SAS for now. Our President could be elected through the holacratic way, as defined in the constitution for elected roles. I would trust this system to be fair enough !
Anyhow, if I get to find out more about how to combine french laws and holacracy, I will definitely share it here for the benefit of all.
Thanks for your time and insights,