When the legal situation of a company which has set up a company savings plan changes, in particular by merger, sale, takeover or demerger, the signatories of the agreement or, where the plan has not been set up pursuant to an agreement, the employer, may decide to transfer the employees’ assets to the savings plan of the new company, if the latter includes undertakings for collective investment in transferable securities or collective investments covered by paragraphs 1, 2 and 6 of sub-section 2, paragraph 2 or sub-paragraph 1 of paragraph 1 of sub-section 3, or sub-section 4 of section 2 of chapter IV of title I of book II of the Monetary and Financial Code, the characteristics of which are identical to those of the undertakings or collective investments provided for in the original plan.
If it is legally impossible to bring together the initial signatories, the transfer may be implemented by an agreement with the staff or with the social and economic committees concerned.