The Board of Directors or the Management Board may decide to pay a supplement to the special profit-sharing reserve in respect of the financial year ended, in compliance with the ceilings mentioned in Article L. 3324-5 and in accordance with the allocation procedures provided for by the profit-sharing agreement or by a specific agreement concluded in accordance with the procedures provided for in Article L. 3322-6.
If the company has a profit-sharing agreement concluded in accordance with Article L. 3324-2, the special profit-sharing reserve, including the supplement, may not exceed the ceiling provided for in the last paragraph of that Article. In the absence of such an agreement, it may not exceed the highest of the ceilings mentioned in the penultimate paragraph of the same article.
In a company where there is no board of directors or management board, the employer may decide to pay a supplement to the special profit-sharing reserve, under the conditions set out in this article.
The application of the provisions of the second paragraph of Article L. 3325-1 to the special profit-sharing reserve supplement does not give rise to the application of Article L. 131-7 of the Social Security Code.