In the case provided for in 1° of Article L. 3323-2, the profit-sharing agreement determines the form of the securities allocated, the terms and conditions for holding these securities and the measures taken to ensure compliance with the ban on trading them for a period of five years, except in the cases provided for in Article R. 3324-22.
In the event of an allocation of company shares, the shares are valued on the basis of the average share price for the twenty trading days preceding the date of allocation. This average is obtained by reference to the opening price of each trading session.
When the securities are not admitted to trading on a regulated market, the price at which the securities are allocated is determined in accordance with the methods defined in Article L. 3332-20, without prejudice to the legal provisions which set the conditions for determining the value of certain categories of securities.
Securities are valued by the company, under the supervision of the statutory auditor, at least once every financial year and whenever an event or series of events occurring during a financial year is likely to lead to a substantial change in the value of the company’s shares. In addition, a valuation is carried out by experts at least every five years. This valuation is optional for the companies mentioned in…
Employees who receive company shares may negotiate the subscription or allotment rights attached to these shares even during the period when they are not negotiable pursuant to Article L. 3324-10.
The profit-sharing agreement sets out how each beneficiary is to be informed. This information relates in particular to : a) The amounts allocated under the profit-sharing scheme; b) The amount he/she may request to be paid in whole or in part; c) The period within which they may make their request; d) The allocation of a proportion of these sums to the collective retirement savings plan or to the collective…
When a beneficiary requests payment of the profit-sharing in accordance with the provisions of article R. 3324-21-1, the undertakings shall make this payment before the first day of the sixth month following the end of the financial year in respect of which the profit-sharing is allocated. After this deadline, the companies shall add to the payment provided for in the first paragraph interest on arrears equal to 1.33 times the…
If the beneficiary has not opted for immediate availability, the cases in which, pursuant to article L. 3324-10, the rights accrued in favour of the beneficiaries may exceptionally be liquidated before the expiry of the periods set out in the first paragraph of this article and in the second paragraph of article L. 3323-5 are as follows: 1° Marriage or the conclusion of a civil solidarity pact by the person…
The employee’s request for early liquidation must be made within six months of the triggering event, except in the case of termination of the employment contract, death, invalidity, domestic violence or overindebtedness. In the latter cases, the request may be made at any time. The early lifting of the unavailability period takes the form of a single payment which, at the employee’s choice, relates to all or part of the…
The judgment approving the plan for the total sale of the company, or opening or ordering the compulsory liquidation of the company, immediately renders payable the participation rights that have not yet fallen due pursuant to Article L. 643-1 of the Commercial Code and Article L. 3253-10 of this Code.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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