Section II: Technical and accounting rules.

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Article R441-16

French Insurance CodeIn force

Updated 7 Nov 2023

In the event of cessation of payment of contributions, the agreement may provide for forfeiture of vested rights if the member does not provide proof of payment of at least two annuities.

It may also provide for a reduction in the number of annuity units registered in a member's account in application of

article R. 441-18

:

-where the person concerned has paid premiums or contributions for more than three years, but has not made regular payments up to the age at which he becomes entitled to benefits, this reduction may not have the effect of reducing the benefit to an amount less than the product of the number of annuity units entered before the reduction by the average of the service values of the annuity unit fixed for the years during which he made his payments;

-when the member does not have a minimum number of years since joining the scheme, as set by the agreement, to his credit at the age at which he begins to receive benefits;

-when the member requests an earlier start date;

-when the member makes use of the optional reversionary entitlement provided for in the agreement.

The agreement may also provide for an increase in the number of annuity units recorded in the member's account in application of the aforementioned article R. 441-18 when the person concerned postpones the date on which he/she becomes entitled to benefits.

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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