Chapter IV: Group retirement savings plan

Articles in this section · 11

Article R3334-4

French Labour CodeIn force

Updated 4 Nov 2023

The cases in which, pursuant to article L. 3334-14, the rights built up under the collective retirement savings plan for the benefit of employees may, at their request, exceptionally be liquidated before retirement are as follows:

1° Invalidity of the person concerned, 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 Social Security Code, or is recognised by a decision of the Commission for the Rights and Independence of Disabled Persons provided for inarticle L. 241-5 of the Social Action and Family Code, provided that the degree of disability is at least 80% and that the person concerned is not engaged in any professional activity. Benefits may only be released once for each of these reasons;

2° The death of the person concerned, their spouse or their partner in a civil solidarity pact. In the event of the death of the person concerned, it is the responsibility of his heirs to request the liquidation of his rights and the provisions of 4 of III of article 150-0-A of the General Tax Code cease to apply on expiry of the time limits set by article 641 of the same code;

3° Sums saved are used to purchase a principal residence or to repair a principal residence damaged by a natural disaster recognised by interministerial decree;

4° The participant's over-indebtedness as defined inarticle L. 711-1 of the French Consumer Code, at the request of the fund management body or the employer, either by the chairman of the commission for the over-indebtedness of private individuals, or by the judge when the release of rights appears necessary to pay off the participant's debts;

5° Expiry of unemployment insurance entitlements.

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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