Subsection 1: Governance of the plan

Articles in this section · 14

Article R144-14

French Insurance CodeIn force

Updated 7 Nov 2023

The supervisory committee of a people's pension savings plan:

1° Each year, draws up the plan's budget, specifying in particular the conditions and limits under which the supervisory committee may incur expenditure in excess of the amounts provided for;

2° Issues an opinion on the report on the actuarial balance and the administrative, technical and financial management of the plan provided for in III of article L. 144-2 ; it makes this opinion available to the members of the plan and sends a copy to the insurance company;

3° Decides on the legal, accounting, actuarial and financial appraisals of the plan and monitors them. It appoints the persons in charge of these appraisals, in particular with regard to their professional qualifications and their independence from the insurance undertaking, and ensures that these appraisals are carried out properly;

4° Deliberates on the broad outlines of the investment policy decided and implemented by the insurance undertaking and on its monitoring;

5° Examines the procedures for transferring the plan or implementing the provisions of II of article R. 144-19 if the thresholds defined in II of that article are exceeded;

6° Drafts proposals for amendments to the plan;

7° Proposes the renewal or change of insurance undertaking;

8° Organises, where appropriate, competitive tendering between insurance undertakings for the management of the plan;

9° Issues an opinion on the proposal made by the insurance undertaking responsible for the plan to remunerate the savings of plan members according to their savings profile and biometric risks, in particular with regard to the volatility of the diversification provision or the management of unrealised capital gains;

10° Issues an opinion on the handling of complaints from plan members by the insurance undertaking.

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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