Subsection 2: Specific technical provisions the popular retirement savings plan

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Article R144-22

French Insurance CodeIn force

Updated 7 Nov 2023

I. - The insurance undertaking and any agents it appoints to manage the financial aspects of the plan shall exercise the voting rights attached to the securities held to represent the commitments of the plan in the interests of the annuity entitlements of the members, whether these entitlements are in the process of being constituted or in payment.

II - When the insurance undertaking directly or indirectly delegates the financial management of more than 5% of the assets held to represent the commitments relating to this plan to an investment undertaking or a portfolio management company, the insurance undertaking must inform the Supervisory Committee and send it a copy of the management mandate or the regulations or articles of association of the corresponding collective investment undertaking.

III - This management mandate or these regulations, these articles of association or any other agreement or contract concluded between the insurance company and the delegated manager stipulate that the latter agrees to submit to documentary and on-site inspections and expert reports requested by the plan's supervisory committee, and that the delegated manager's directors and auditors are obliged to respond to any request for information made by this same committee.

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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