Chapter III: Supplementary occupational pension contracts

Articles in this section · 4

Article A143-2

French Insurance CodeIn force

Updated 7 Nov 2023

I.-In application of article L. 143-2-2, members of a contract referred to in the first paragraph of article L. 381-1 and guaranteed by a supplementary professional retirement fund shall be provided, on request, within a period not exceeding one month:

-the management report and annual accounts relating to the auxiliary allocation account(s) referred to in articles L. 143-4 and L. 381-2 ;

-the report indicating the investment policy and the corresponding technical and financial risks referred to in article L. 143-2-2;

-the procedures for exercising the transfer;

-the amount due if the surrender option is exercised when one of the events referred to in article L. 132-23;

-in the case of unit-linked policies where an investment option is active, additional information on this investment option and the corresponding underlying assets;

-a description of the options available to members to obtain payment of their benefits;

-the level that retirement benefits must reach, where applicable, as well as information on the assumptions used to estimate the amounts expressed as life annuities, in particular the technical rate, the type of benefit and the average duration of the annuity according to the table used.

The statement provided for in article L. 132-22 specifies how the information referred to in this I is to be obtained.

II - Each year, as part of the information provided for in Article L. 132-22, policyholders receive brief information on the situation of the insurance company or the supplementary occupational pension fund and on the level of funding of the pension scheme as a whole.

III -When the employee liquidates his pension rights or when other benefits become due, the insurance undertaking or the supplementary occupational pension fund will send him, or the beneficiary where applicable, within two months, adequate information on the benefits due to him and on the corresponding payment options.

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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