Section 3: Composition and management of the plan.

The company keeps a register of the administrative accounts opened in the name of each member. This register shows, for each member, the sums allocated to the savings plan as well as a breakdown of the investments made and the remaining unavailability periods.

The keeping of the register of administrative accounts may be delegated. In this case, the delegation contract specifies the procedures for informing the delegatee. The details of the person responsible for keeping the register are given in the company savings plan regulations.

The person responsible for keeping the register of administrative accounts draws up a statement of the shares or units belonging to each member. At least once a year, a copy of this statement is sent to the interested parties with an indication of the status of their account.

The annual statement of account sent to beneficiaries by the administrative account registrar, as provided for in article L. 3332-7-1, includes : 1° Identification of the company and the beneficiary; 2° The total amount of rights and assets held in the beneficiary’s account, estimated at 31 December of the previous year; 3° The amount of his rights and assets per management vehicle, with the dates on which they are available,…

The costs of maintaining a custody account for former employees of the company, where they are not borne by the company, may be deducted from the assets in accordance with the conditions laid down by the profit-sharing agreement or by the collective agreement setting up the company savings plan or, failing that, by the fund regulations.

The provisions of article D. 3324-34 are applicable to mutual funds set up to use sums allocated to a company savings plan.

For the application of the fifth paragraph of article L. 3332-17, the appraised value of the company is determined in accordance with the procedures set out in articles R. 3332-22 and R. 3332-23. The employer informs the employees individually of this appraised value, of its evolution in relation to the last value communicated, of the date of the next publication of the net asset value of the company’s mutual fund,…

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…

In the case provided for in article R. 3332-20, where the employee savings plan has not been set up in application of an agreement with the personnel, the social and economic committee, where it exists, is consulted on the transfer project at least fifteen days before it is actually carried out.

The condition set out in 2° of I of Article L. 3332-17-1 is met when either of the following two conditions is met: 1° Operating expenses relating to activities involved in the pursuit of social utility, within the meaning ofArticle 2 of Law No. 2014-856 of 31 July 2014 on the social and solidarity economy, represent at least 66% of all operating expenses in the company’s income statement over the…