Chapter II: Company savings plan

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…

For the application of 3° of I of article L. 3332-17-1 to companies, company directors are understood to mean the persons mentioned in the first paragraph of 1° of article 885 O bis of the General Tax Code.

I.-The “socially useful solidarity enterprise” approval provided for in Article L. 3332-17-1 is issued by the prefect of the département in which the enterprise has its registered office. When the company has its registered office in another Member State of the European Union, it submits its application for approval to the prefect of the département where it has its main establishment in France. II – The application for authorisation is…

Securities issued by socially responsible companies include equity securities, bonds, promissory notes, savings bonds, current account advances, equity securities and equity loans issued or granted by these companies.

In the appendix to their annual financial statements, social benefit solidarity enterprises shall indicate the information attesting to compliance with the conditions applicable to them pursuant to I and II of Article L. 3332-17-1 and Articles R. 3332-21-1 and R. 3332-21-2.