Section II: Transactions carried out by supplementary occupational pension funds

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Article L143-2-2

French Insurance CodeIn force

Updated 8 Nov 2023

The notice referred to in article L. 141-4 indicates that the contract taken out is a supplementary occupational pension contract covered by this section. An order of the Minister for the Economy sets the list of minimum information contained in this notice.

When their rights are settled, the supplementary occupational pension fund informs each member and beneficiary, under conditions defined by order of the Minister for the Economy, of the amount of benefits due to them and the corresponding payment options.

At least every three years, the supplementary occupational pension fund draws up and revises, for the operations covered by this section as a whole, a report setting out its investment policy and the corresponding technical and financial risks. It shall also specify the methods used to assess investment risks, the risk management techniques implemented and the strategic allocation of assets with regard to the nature and duration of the pension commitments, as well as the manner in which the investment policy takes into account environmental, social and governance factors. This report is updated within three months of any major change to the investment policy. It is made available to subscribers and beneficiaries. An order of the Minister for the Economy specifies the content of the report and the other information that must be provided to members on request or periodically.

As soon as an event gives rise to a significant change in the technical provisions, the supplementary professional retirement fund informs the members in writing.

Mariela Petrova

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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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