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Chapter XI: Sharing capital gains on the sale of shares with company employees

Article L23-11-1 of the French Commercial code

Any holder of shares in a company may give a commitment to all of the company’s employees to share with them part of the capital gain on the sale or repurchase of his shares on the day he sells or repurchases all or part of them. The undertaking to share the capital gains may also be given by a number of shareholders, who are either party to the same capital…

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Article L23-11-2 of the French Commercial code

The sharing undertaking defined in article L. 23-11-1 is set out in an agreement between any holder of securities and the company concerned, which undertakes to transfer the amount resulting from the sharing commitment to the employees concerned, from which it will deduct the tax and social security charges that this transfer generates. The signature of the capital gains sharing agreement is subject to the prior existence, in each company…

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Article L23-11-3 of the French Commercial code

The sharing contract referred to in Article L. 23-11-2 shall benefit all employees present in the company or companies mentioned in article L. 23-11-1 for all or part of the period between the date it is signed and the date of the sale of the shares in the company concerned and who are members of the company savings plan on the date of this sale. The following are treated as…

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Article L23-11-4 of the French Commercial code

After the transfer, the resulting amount is paid, within a period of one month from the date of the transfer or, where applicable, from the date of receipt of a price supplement relating to this transfer, by the holder or holders of the transferring securities to the company whose securities have been transferred. This amount may not be seized or transferred . The company that has received the sums in…

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