Article D3324-12 of the French Labour Code
The amount of rights that may be allocated to any one employee may not, for any one financial year, exceed a sum equal to three quarters of the ceiling provided for in Article D. 3324-10.
The amount of rights that may be allocated to any one employee may not, for any one financial year, exceed a sum equal to three quarters of the ceiling provided for in Article D. 3324-10.
Where the employee has not spent a full year with the same company, the ceilings provided for in articles D. 3324-10 and D. 3324-12 are calculated in proportion to the length of time the employee has been with the company.
The sums remaining in the special employee profit-sharing reserve, pursuant to the second paragraph of Article L. 3324-7, may only give entitlement to the deductions and exemptions provided for in Articles L. 3325-1 and L. 3325-2 in respect of the financial years during which they are distributed.
The ceilings provided for in articles D. 3324-10 and D. 3324-12 apply to the total profit-sharing allocated to each employee.
With the exception of articles R. 3322-1, D. 3323-8 to R. 3323-11, D. 3324-1 to D. 3324-10 and D. 3325-1 to R. 3326-1, the provisions of this Title are applicable to the supplement to the special profit-sharing reserve provided for in article L. 3324-9 and to the specific allocation agreement to which it may give rise.
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.
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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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