Section 1: Implementation within a group of undertakings

Articles in this section · 2

L3344-1L3344-2

Article L3344-1

French Labour CodeIn force
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Updated 6 Nov 2023

Incentives, profit-sharing or a company savings plan may be set up within a group made up of companies that are legally independent but have established financial and economic links between them.

However, the mechanisms for increasing capital provided for in

articles L. 3332-18 et seq.

and for increasing the sums paid annually by one or more undertakings provided for in the second paragraph of article L. 3332-11 may only be applied within a group of undertakings included in the same scope of consolidation or combination of accounts in application of the following provisions:

1°

Article L. 345-2

of the French Insurance Code for companies governed by this code;

2°

Article L. 233-16

of the Commercial Code for companies governed by that Code;

3°

Article L. 511-36

of the Monetary and Financial Code for credit institutions and finance companies;

4° Provisions of the

Mutual Societies Code

for mutual societies;

5°

Article L. 931-34

of the Social Security Code for provident institutions.

Mariela Petrova

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Common Questions

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

English · French · Russian

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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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