Paragraph 1: Revitalisation by companies subject to the obligation to offer redeployment leave

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Article D1233-41

French Labour CodeIn force
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Updated 5 Nov 2023

I. - Measures undertaken prior to the signature of the agreement may be taken into account within the framework of the agreement when they contribute to the creation of activities, the development of jobs and make it possible to mitigate the effects of the planned redundancy or the collective redundancy agreement on other companies in the employment area(s) concerned.

The measures envisaged in the form of the granting of a loan for the same purpose are valued at an estimated cost taking into account the cost of managing the loan, the cost of risk and the cost of access to finance. This valuation may not exceed 30% of the sums committed.

Measures envisaged under the same heading in the form of the sale of a property are valued at the difference between the market value of the property, determined after consultation with the departmental or, where applicable, regional director of public finance, and its sale value. This valuation may not exceed 30% of the amount of the contribution provided for in articles L. 1233-86 and L. 1237-19-11.

II. - Measures planned as part of a voluntary approach by the company may be taken into account according to the procedures defined in I, when they are undertaken in the two years prior to notification of the decision provided for in article D. 1233-38 and when they are the subject of a framework document concluded with the representative of the State in the département. This framework document determines :

1° The geographical limits of the employment area(s) in which the measures are to be implemented ;

2° The nature of the measures and the amount at which each is valued to be deducted from the amount of the contribution provided for in articles L. 1233-86 and L. 1237-19-11;

3° The start date for the implementation of each of the measures;

4° The procedures for monitoring and evaluating the measures.

The company shall send a report on the implementation of the measures to the representative of the State in the département, at the latest within one month of notification of the decision provided for in article D. 1233-38.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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