Paragraph 2: Claims covered by the insurance.

Articles in this section · 6

Article L3253-8

French Labour CodeIn force

Updated 7 Nov 2023

The insurance mentioned in article L. 3253-6 covers :

1° Sums owed to employees on the date of the judgment opening any receivership or compulsory liquidation proceedings, as well as contributions owed by the employer under the Contrat de Securisation Professionnelle ;

2° Claims arising from the termination of employment contracts occurring :

a) During the observation period ;

b) In the month following the judgement adopting the safeguard, recovery or transfer plan;

c) Within fifteen days, or twenty-one days where a job protection plan has been drawn up, following the liquidation judgment;

d) During the provisional maintenance of the business authorised by the judicial liquidation judgment and within fifteen days, or twenty-one days where a job protection plan is drawn up, following the end of this maintenance of the business;

3° Claims arising from the termination of the employment contract of employees who have been offered a professional securitisation contract, provided that the administrator, the employer or the liquidator, as the case may be, has offered this contract to the interested parties during one of the periods indicated in 2°, including the contributions due by the employer under this contract and the wages due during the employee's response period;

4° Accompanying measures resulting from a job protection plan determined by a majority collective agreement or by a document drawn up by the employer, in accordance with articles L. 1233-24-1 to L. 1233-24-4, provided that it has been validated or approved under the conditions set out in article L. 1233-58 before or after the opening of the receivership or compulsory liquidation proceedings;

5° Where the court orders compulsory liquidation, up to a maximum amount corresponding to one and a half months' work, the sums due :

a) During the observation period ;

b) During the fifteen days, or twenty-one days where a job protection plan has been drawn up, following the liquidation judgment;

c) During the month following the liquidation judgement for the employee representatives provided for in articles L. 621-4 and L. 631-9 of the French Commercial Code;

d) During the provisional maintenance of the business authorised by the liquidation judgment and during the fifteen days, or twenty-one days when a job protection plan is drawn up, following the end of this maintenance of the business.

The guarantee for the sums and claims mentioned in 1°, 2° and 5° includes social security and employee contributions of legal origin, or of conventional origin imposed by law, as well as the withholding tax provided for in article 204 A of the General Tax Code.

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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