A director may become an employee of a public limited company on whose board he sits if, at the close of a financial year, that company does not exceed the thresholds defining small and medium-sized enterprises provided for in Article 2 of the Annex to Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises and if his employment contract corresponds to actual employment.
Any director referred to in the first paragraph of this article shall be counted when determining the number of directors bound to the company by a contract of employment referred to in Article L. 225-22.