Section 3: Composition and management of the plan.

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Article R3332-21-3

French Labour CodeIn force

Updated 4 Nov 2023

I.-The "socially useful solidarity enterprise" approval provided for in Article L. 3332-17-1 is issued by the prefect of the département in which the enterprise has its registered office.

When the company has its registered office in another Member State of the European Union, it submits its application for approval to the prefect of the département where it has its main establishment in France.

II - The application for authorisation is sent by the company's legal representative to the prefect by any means that provides a date certain for its receipt.

The composition of the file that must be attached to this application is set by order of the Minister for the Social and Solidarity Economy and the Minister for Employment.

If the Prefect remains silent for two months from receipt of a complete application, this will be deemed to constitute a decision of acceptance.

III - Approval is granted for a period of five years. By way of exception, for companies that have been in existence for less than three years on the date of the application for approval, approval is granted for a period of two years.

To renew the authorisation, the company must provide, in accordance with the procedures laid down by the order referred to in the fourth paragraph, evidence that it has complied with the conditions laid down in article R. 3332-21-1 throughout the period of its previous authorisation.

IV -Authorisation is granted automatically to the legal entities mentioned in II of Article L. 3332-17-1 which provide evidence that they are covered by these provisions in accordance with the procedures laid down by the order mentioned in the fourth paragraph.

V.-Approval decisions are published in the Recueil des actes administratifs of the departmental prefecture.

A national list of approved companies is made available to the public on the initiative of the Minister for the Social Economy.

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

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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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