Section 4: Availability of beneficiaries' rights.

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Article R3324-21-1

French Labour CodeIn force

Updated 4 Nov 2023

The profit-sharing agreement sets out how each beneficiary is to be informed.

This information relates in particular to :

a) The amounts allocated under the profit-sharing scheme;

b) The amount he/she may request to be paid in whole or in part;

c) The period within which they may make their request;

d) The allocation of a proportion of these sums to the collective retirement savings plan or to the collective company retirement savings plan, in the event of no response from the beneficiary, in accordance with the provisions of article L. 3424-12 ;

The beneficiary's request must be made within fifteen days of the date on which he/she was informed of the amount allocated to him/her. The agreement specifies the date on which the beneficiary is presumed to have been informed.

In the absence of an agreement, the beneficiary must make his request within fifteen days of receipt of the registered letter with acknowledgement of receipt or the letter delivered against receipt informing him of the amount allocated to him and the amount of which he may request payment in whole or in part.

If the beneficiary does not request payment of these sums within the aforementioned period of fifteen days, they shall not be negotiable or payable until the expiry of a period of five years from the first day of the sixth month following the financial year in respect of which the rights arose, in accordance with the provisions of article L. 3324-10, or a period of eight years, under the same conditions, in accordance with the provisions of article L. 3323-5.

However, when these sums are registered in a collective retirement savings plan, they may only be issued on maturity or under the conditions set out in article L. 3334-14.

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

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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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