Subsection 3: Availability of savings

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Article L224-6

French Monetary and Financial CodeIn force

Updated 8 Nov 2023

Individual rights in the process of being built up may be transferred to any other retirement savings plan. The transfer of rights does not entail any change in the conditions for their purchase or liquidation as provided for in this sub-section.

The costs incurred in connection with such a transfer may not exceed 1% of the rights acquired. They are null and void at the end of a period of five years from the first payment into the plan, or when the transfer takes place from the due date mentioned in article L. 224-1 of this code.

Individual rights relating to company pension savings plans to which the employee is a compulsory member are only transferable when the holder is no longer required to join the plan.

Where the retirement savings plan gives rise to membership of a group insurance contract, the performance of which is linked to the cessation of professional activity, the contract may provide for the transfer value to be reduced under conditions and limits set by regulation, in the event that the transfer right of the mathematical provisions exceeds the proportion of the assets representing them.

Individual retirement savings plans giving rise to subscription to a group insurance contract whose performance is linked to cessation of professional activity and company retirement savings plans provide for the conditions under which the subscribing association or company may change manager at the end of a notice period which may not exceed eighteen months.

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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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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