Subsection 1: Governance of the plan

Articles in this section · 14

Article R144-8

French Insurance CodeIn force

Updated 7 Nov 2023

I. - The association's General Meeting is convened at least once a year under the conditions set out in article

R. 141-4

in order, for each of the plans subscribed by the association:

1° To approve the annual accounts of the plan on the basis of the report of the insurance company's auditors and after obtaining the opinion of the supervisory committee; to this end, the auditors' report and the opinion of the supervisory committee are sent to the chairman of the general meeting at least fifteen days before the meeting is held;

2° To approve the plan budget drawn up by the supervisory committee in accordance with 1° of article R. 144-14, after consultation with the insurance company;

3° Electing and renewing the elected members of the Supervisory Committee and, where applicable, approving the appointment by the Supervisory Committee or by the Board of Directors of the association of qualified persons as members of the Supervisory Committee. This meeting may also dismiss any member of this committee at any time.

II - An Extraordinary General Meeting of the Association is convened to decide, in respect of one or more plans subscribed by the Association, on :

1° Essential changes to be made, on the recommendation of the Supervisory Committee and after consultation with the insurance company, to the rights and obligations of members of the plan, in particular changes relating to the charges provided for in article R. 144-25, changes to the procedures for revaluing life annuities and changes resulting, where applicable, from the takeover of the association's tasks by another association. The resolution report relating to these changes sets out the reasons for them and their effects on the acquired and future rights of members;

2° The renewal of the contract taken out with the insurance company. The resolution report relating to this renewal sets out the reasons which led the Supervisory Committee to propose this resolution;

3° The choice of a new insurance company. The corresponding resolution report sets out the reasons which led the Supervisory Committee to propose the change of insurance undertaking, its opinion on this resolution as well as the procedure for selecting the new managing insurance undertaking and the reasons which led the Supervisory Committee to select the proposed candidate;

4° The recovery plan referred to in Article L. 143-5 ;

5° The closure of the plan, after receiving the opinion of the insurance undertaking. The corresponding resolution report includes the opinion of the insurance undertaking and sets out the conditions for the transfer of assets and rights registered under the said plan to another popular retirement savings plan.

III - Members of a plan subscribed by the association are ex officio members of the association; they have voting rights at the General Meeting and may propose a resolution to the General Meeting under the conditions set out in article R. 141-5.

Resolutions presented at an Ordinary General Meeting are adopted by a simple majority of the votes cast. Resolutions presented at an Extraordinary General Meeting are adopted by a majority of at least two-thirds of the votes cast.

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

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