French Insurance Code
In forceI.-The agreement of the subscriber referred to in 2° of article L. 370-7 is constituted, when the contract is subscribed by a group of employers, by the agreement of this group, when the latter represents the majority of the beneficiaries of the pension commitments linked to employers whose companies are not in liquidation.
When the agreement of the subscriber cannot be obtained because the companies of the employers concerned are in liquidation or have disappeared, only the agreement of the beneficiaries obtained in accordance with III constitutes the agreement provided for in 2° of article L. 370-7.
II - The employee agreement referred to in 2° of article L. 370-7 consists of:
1° The agreement of the social and economic committee referred to inarticle L. 2311-2 of the Labour Code, where this committee has been set up in the companies concerned. Where this is not the case, the agreement of the employees is sought under the conditions and according to the procedures defined in articles R. 2232-10 to R. 2232-12 of the same code;
2° Where the contract is taken out by a group of employers, by the agreement of the employees of employers representing the majority of the beneficiaries linked to employers whose companies are not in liquidation.
III - The agreement of the beneficiaries of the retirement commitments referred to in 2° of article L. 370-7 is presumed to have been obtained when the majority of these beneficiaries are employees of employers who have taken out the contract and when the agreement of these employees has been obtained under the conditions referred to in II.
Where, on the other hand, those beneficiaries who are not employees of the subscribing employers represent more than half of the total beneficiaries, their agreement is obtained by a simple majority of the votes cast by all the beneficiaries. This consultation may be carried out by post or by electronic voting.
