Section 4: Availability of beneficiaries' rights.

Articles in this section · 5

Article R3324-22

French Labour CodeIn force

Updated 4 Nov 2023

If the beneficiary has not opted for immediate availability, the cases in which, pursuant to article L. 3324-10, the rights accrued in favour of the beneficiaries may exceptionally be liquidated before the expiry of the periods set out in the first paragraph of this article and in the second paragraph of article L. 3323-5 are as follows:

1° Marriage or the conclusion of a civil solidarity pact by the person concerned ;

2° The birth or arrival in the home of a child with a view to adoption, where the home already has at least two dependent children;

3° Divorce, separation or dissolution of a civil solidarity pact when accompanied by an agreement or court decision providing for the sole or shared habitual residence of at least one child in the home of the person concerned;

3° bis Violence committed against the person concerned by their spouse, cohabitee or partner in a civil solidarity pact, or their former spouse, cohabitee or partner:

a) Where a protection order has been issued in favour of the person concerned by the family court pursuant toarticle 515-9 of the Civil Code;

b) Or when the offences are covered byarticle 132-80 of the Criminal Code and give rise to an alternative prosecution, a penal composition, the opening of an investigation by the public prosecutor, referral to the criminal court by the public prosecutor or investigating judge, an indictment or a criminal conviction, even if not final;

4° The disability of the person concerned, their children, spouse or partner in a civil solidarity pact. This disability is assessed within the meaning of 2° and 3° of article L. 341-4 of the Social Security Code or is recognised by a decision of the Commission for the Rights and Independence of Disabled Persons or the President of the Departmental Council, provided that the degree of disability is at least 80% and that the person concerned is not in employment;

5° The death of the person concerned, their spouse or their partner in a civil solidarity pact;

6° The termination of the employment contract, the cessation of business by the sole trader, the end of the corporate mandate, the loss of the status of collaborating spouse or associate spouse;

7° The allocation of the sums saved to the creation or takeover, by the person concerned, his children, his spouse or his partner in a civil solidarity pact, of an industrial, commercial, craft or agricultural business, either as an individual or in the form of a company, provided that he actually exercises control within the meaning of article R. 5141-2, to the setting up of another self-employed profession or to the acquisition of shares in a cooperative production company;

8° The use of the sums saved for the acquisition or enlargement of the principal residence involving the creation of new living space as defined inarticle R. 156-1 of the French Building and Housing Code, subject to the existence of a building permit or prior declaration of works, or for the restoration of the principal residence damaged as a result of a natural disaster recognised by ministerial decree;

9° The over-indebtedness of the person concerned, as defined inarticle L. 711-1 of the French Consumer Code, at the request of the body managing the funds or the employer, either by the chairman of the commission for the over-indebtedness of individuals, or by the judge when the release of rights appears necessary to clear the debts of the person concerned.

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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