For the application of III of article L. 221-32 of this Code, the fees relating to the equity savings plan and the equity savings plan for financing small and medium-sized enterprises and intermediate-sized enterprises are subject to the following ceilings:
1° Charges relating to the opening of the plan, in particular application fees, may not exceed 10 euros ;
2° Fees for account management and custody, or, if the plan takes the form of a capitalisation contract, for contract management, may not exceed an annual sum of 0.4% of the value of the securities held or, respectively, of the surrender value of the contract, and 5 euros per line of securities held or per unit of account, or 25 euros for a line or for a unit of account corresponding to securities which are not admitted to trading on a trading platform.
The contract referred to in article D. 221-109 sets out the conditions under which these charges are calculated, in particular the valuation date(s) and the deduction date(s).
If the plan is transferred from one organisation to another, the fees referred to in this 2° deducted by the first organisation during the year of the transfer may not exceed a proportion of the ceiling provided for in this 2°, proportional to the effective management period of the plan by this organisation during the year. If the charges have already been deducted and exceed this proportion, the difference is refunded to the holder. The charges levied by the second organisation may not exceed a proportion of the ceiling stipulated in this 2°, proportional to the actual length of time the plan has been managed by that organisation.
3° Transaction fees may not exceed, in the case of transactions relating to the securities referred to in 1° of I of Article L. 221-31 and 1. of Article L. 221-32-2, which are admitted to trading on a trading platform, and transactions relating to the securities referred to in 2° of I of Article L. 221-31 and 3. of Article L. 221-32-2, which are admitted to trading on a trading platform, and transactions relating to the securities referred to in 2° of I of Article L. 221-31 and 3. of Article L. 221-32-2, which are admitted to trading on a trading platform. 221-31 and 3. of Article L. 221-32-2 carried out on a trading platform, 0.5% of the amount of the transaction when carried out by dematerialised means, and 1.2% of the amount of the transaction when carried out by any other means. This ceiling does not apply to transactions involving securities admitted to trading on a trading platform in a State other than a Member State of the European Union or a State party to the Agreement on the European Economic Area.
Transaction fees may not exceed 1.2% of the amount of the transaction in the case of securities referred to in 1° of I of Article L. 221-31 and 1. of Article L. 221-32-2 that are not admitted to trading on a trading platform.
Transactions relating to the securities referred to in 2° of I of Article L. 221-31 and 3. of Article L. 221-32-2 that are not carried out on a trading platform do not give rise to the deduction of any charges other than the subscription fee deducted at the time of subscription. If no subscription fees are charged, or if they are retained by the fund, the fund manager may deduct a subscription fee that complies with the ceilings mentioned in the previous paragraph.
When the plan takes the form of a capitalisation contract, transaction charges, including the initial payment, are capped under the conditions set out in the fifth paragraph of article L. 132-21-1 of the French Insurance Code. For arbitration fees, the ceiling is calculated on the basis of the sums arbitrated.
Amounts representing the tax provided for in article 235 ter ZD of the French General Tax Code, or similar taxes levied in application of foreign legislation, are not included in this ceiling.
4° The costs relating to the transfer, including the costs relating to the closure of the transferred plan, may not exceed 15 euros per line of securities held transferred. This amount may be increased to 50 euros for a line corresponding to securities that are not admitted to trading on a trading platform. The total cost is capped at €150. Where the plan takes the form of an accumulation contract, the transfer fee may not exceed 150 euros.
The amounts stipulated in 1°, 2° and 4° are adjusted every three years in line with the INSEE consumer price index excluding tobacco.