Subsection 1: Governance of the plan

Articles in this section · 14

Article R144-12

French Insurance CodeIn force

Updated 7 Nov 2023

The dissolution of the association or its cessation of activity as a popular retirement savings group in respect of a plan subscribed by it is pronounced by the general meeting of the association convened on an extraordinary basis. In this case, the resolution relating to this dissolution or cessation of activity sets out the conditions under which the association's tasks in respect of each plan are taken over by another association having the status of a popular retirement savings group, and the conditions under which the corresponding assets and liabilities are transferred to it.

The cessation of the association's activities as a popular retirement savings group in respect of a plan subscribed by it may also be ordered by the court to which the matter is referred by the insurance company, by the chairman of its supervisory committee or, failing this, by at least one hundred members of the plan when they establish that the association is not carrying out the tasks entrusted to it as a popular retirement savings group. The takeover of the association's activities under this plan by another association having the status of a popular retirement savings group is organised by the insurance company under the conditions set out in the previous paragraph.

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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