Subsection 3: Availability of savings

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Article L224-4

French Monetary and Financial CodeIn force

Updated 8 Nov 2023

I.-Rights accrued under the retirement savings plan may, at the request of the holder, be liquidated or redeemed before the due date referred to in article L. 224-1 in the following cases only:

1° The death of the holder's spouse or their partner in a civil solidarity pact;

2° The disability of the holder, their children, their spouse or their partner in a civil solidarity pact. This disability is assessed within the meaning of 2° and 3° of article L. 341-4 of the French Social Security Code ;

3° If the holder is over-indebted, within the meaning of article L. 711-1 of the French Consumer Code ;

4° The expiry of the beneficiary's unemployment insurance rights, or the fact that the beneficiary of a plan who has been a director, member of the management board or member of the supervisory board and has not settled his pension in a compulsory old age insurance scheme has not held an employment contract or a corporate office for at least two years from the date of non-renewal of his corporate office or his dismissal;

5° The holder ceases to be self-employed following a court-ordered liquidation under Title IV of Book VI of the French Commercial Code, or any situation justifying such withdrawal or buyout, in the opinion of the President of the Commercial Court with which a conciliation procedure referred to in Article L. 611-4 of the same code, who makes the request with the agreement of the holder;

6° The allocation of the sums saved to the acquisition of the principal residence. The rights corresponding to the sums mentioned in 3° of article L. 224-2 of this code may not be liquidated or redeemed for this reason.

II - If the holder dies before the maturity date mentioned in article L. 224-1 of this code, the plan will be closed.

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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