The plan rules set out the list of assets to which payments may be allocated. Where this list includes assets other than units in the company mutual funds mentioned in article L. 214-164, the plan rules provide for the setting up of a supervisory committee made up of representatives of the company and, at least half, representatives of the plan members. The procedures for appointing members are set out in the plan rules. The chairman of the supervisory committee is chosen from among the representatives of the plan members.
When the plan is set up in the form of an inter-company plan, the supervisory committee may be common to all the companies belonging to the plan.
The members of the Supervisory Committee are bound by professional secrecy with regard to information of a confidential nature and given as such by the persons consulted under the conditions and subject to the penalties provided for in articles 226-13 and 226-14 of the French Penal Code. The Committee may hear the relevant statutory auditor(s), who shall be released from the obligation of professional secrecy with regard to the Committee in respect of the accounts concerned.
When the plan gives rise to the subscription of a group insurance contract and when the payments can be allocated to units of company mutual funds mentioned in article L. 214-164, the holders of the plan are represented on the supervisory board of these funds instead of the insurance company holding the units.