Chapter III: Inter-company savings plan.

Subject to the specific provisions of this chapter, the provisions relating to the company savings plan are applicable to the inter-company savings plan.

An inter-company savings plan may be set up by collective agreement concluded under the conditions set out in Book II of Part Two. If this plan is set up between several individual employers, it may also be established according to one of the methods provided for in articles L. 3332-3 and L. 3332-4. In this case, the plan is approved in the same terms within each of the companies and…

The agreement sets the rules for the inter-company savings plan. These rules determine in particular: 1° The signatory companies or the professional and geographical scope ; 2° The nature of the sums that may be paid in; 3° The various possibilities for allocating the sums collected, in particular the number, management orientation and risk profile of the funds used; 4° The conditions under which account management fees are paid by…

When the establishment of an inter-company savings plan between several individual employers or membership of such a plan is not established by virtue of an agreement with the employees, the provisions of article L. 3332-8 are applicable.

The inter-company savings plan may collect sums from profit-sharing, company profit-sharing, voluntary payments by employees and the persons mentioned in article L. 3332-2 belonging to companies within the scope of the agreement and, where applicable, additional payments by these companies.

When the agreement establishing the inter-company savings plan provides for the collection of sums from profit-sharing, it exempts the companies mentioned in articles L. 3323-6 and L. 3323-7 from concluding a profit-sharing agreement. Its rules then include the clauses set out in articles L. 3323-1 to L. 3323-3 and L. 3324-5.

Notwithstanding the provisions of 2° of Article L. 3332-15, the inter-company savings plan may not provide for the acquisition of units in mutual funds governed by Article L. 214-165 of the Monetary and Financial Code. Where the plan provides for the acquisition of units in mutual funds governed by article L. 214-164 of the same code, such funds may not hold more than 10% of securities not admitted to trading…

A rider to the inter-company savings plan may be concluded in accordance with the terms and conditions set out in this chapter. However, the rules of a plan set up between several individual employers and open to membership by other companies may validly be amended to incorporate legislative or regulatory provisions subsequent to the setting up of the plan or new provisions relating to 2°, 3° and 5° of the…

Any company may apply an inter-company savings scheme concluded at branch level, provided that the branch agreement has been approved in application of article L. 3345-4. Companies wishing to apply the approved branch agreement must conclude an agreement to this effect under the conditions set out in article L. 3333-2. Undertakings with fewer than fifty employees may opt to apply this scheme by means of a unilateral document signed by…

A decree in the Conseil d’Etat shall determine the terms and conditions for the application of this chapter.