Key Benefits:
The National Assembly and the Senate adopted,
Vu la Constitutional Council decision No. 2006-545 DC of 28 December 2006 ;
The President of the Republic enacts the following legislation:
In order to promote the development of employee participation and shareholding, is created a relaxing labour dividend:
- on the supplement of interest or participation, paid under Article L. 444-12 of the Labour Code;
- on transfers of rights registered to a time savings account to a collective retirement savings plan or a business savings plan, under the conditions and terms referred to in the second paragraph of Article L. 443-2 of the Labour Code and Article 163 A of the general tax code;
- on the allocation of free shares to be paid on a business savings plan, distributed under the third paragraph of Article L. 443-6 of the Labour Code;
- on the immediate availability of dividends attached to shares held under a joint venture investment fund, of which more than one third of the asset is made up of securities issued by the company, under the conditions set out in the eleventh paragraph of Article L. 214-40 of the monetary and financial code;
- on the existence of a derogatory form of participation, in accordance with the provisions of Article L. 442-6 of the Labour Code.
I. - After article L. 444-9 of the Labour Code, an article L. 444-12 is inserted as follows:
"Art. L. 444-12. - The board or the board may decide to pay:
« 1° A supplement of collective interest for the fiscal year ended, in accordance with the limits mentioned in the sixth and eighth paragraphs of Article L. 441-2 and in accordance with the terms and conditions of distribution provided for in the Agreement of Interest or, where applicable, by a specific agreement entered into under the terms and conditions set out in Article L. 441-1. These sums may be allocated to the realization of a business savings plan, an inter-enterprising savings plan or a collective retirement savings plan;
« 2° A special reserve supplement for participation in the fiscal year ended, in accordance with the limits mentioned in the first paragraph of Article L. 442-4 and in accordance with the terms and conditions of distribution provided for by the participation agreement or, where applicable, by a specific agreement entered into in accordance with the terms and conditions set out in Article L. 442-10. If the company has an equity agreement entered into pursuant to section L. 442-6, the special interest reserve, including the supplement, cannot exceed the limit provided for in the last paragraph of that section. In the absence of such an agreement, it cannot exceed the highest of the ceilings mentioned in the penultimate paragraph of the same article.
"In a company where there is no board of directors, nor a board of directors, the head of business may decide on the payment of an additional interest or special interest reserve, under the conditions mentioned in 1° or 2°. »
II. - In the first paragraph of Article L. 441-4 of the same code, after the words: "in application of the agreement of interest" are inserted the words: "or in respect of the additional interest referred to in Article L. 444-12".
III. - Article L. 442-8 of the same code is supplemented by a V as follows:
"V. - The provisions of this Article shall apply to the special reserve of participation supplement referred to in Article L. 444-12. »
Article L. 444-5 of the Labour Code is amended as follows:
1° At the beginning of this article, an I is inserted as follows:
"I. - Every employee of a company offering one of the devices provided for in sections L. 441-1, L. 442-10, L. 443-1, L. 443-1-1 or L. 443-1-2 shall, at the conclusion of the employment contract, receive a pay savings booklet with all of these devices. » ;
2° The last paragraph is supplemented by a sentence as follows:
"The references of all establishments authorized for the conservation or administration of financial instruments pursuant to Article L. 542-1 of the monetary and financial code, managing amounts and securities spared or transferred by the employee as part of the devices provided for in chapters I to III of this title, are on each individual account statement and each summary statement. »
Article L. 441-1 of the Labour Code is supplemented by two paragraphs as follows:
"In companies or groups with an interest agreement and working with other companies in a characterised and coordinated activity, an agreement may be reached to provide that all or part of the employees benefit from a project interest.
"This project interest agreement is negotiated under the conditions set out in this article if it involves only all or part of the employees of the same company or group. It is negotiated in the same manner as in the first paragraph of Article L. 443-1-1 if it concerns all or part of the employees of companies that do not constitute a group. In both cases, the majority of the two-thirds required for ratification is defined on personnel entering the project's scope. The agreement defines a specific scope and calculation period, which may differ from those referred to in the first paragraph, without being able to exceed three years. »
The second paragraph of Article L. 442-1 of the Labour Code is supplemented by a sentence as follows:
"On that date, a participation agreement may be entered into under the terms of Article L. 442-6 on a basis of calculation and distribution that includes that of the expired interest agreement. »
Article L. 441-6 of the Labour Code is supplemented by a paragraph as follows:
"In the event that a beneficiary referred to in the third paragraph of section L. 441-5 who has joined a business savings plan set out in chapter III of this title affects the realization of this plan all or part of the sums attributed to it by the company for interest, these amounts are excluded from the base of the non-commercial profits and the base of the industrial and commercial profits, within the limit of half »
I. - The fifth paragraph of Article L. 132-27 of the Labour Code is supplemented by a sentence as follows:
"The same obligation lies with employer groups. »
II. - After the fourth paragraph of article L. 441-2 of the same code, it is inserted a paragraph as follows:
"An interest in the results of employees of an economic interest group or a group of employers may take into account the results or performance of the companies members of the group. »
III. - The last paragraph of Article L. 444-4 of the same code is deleted.
IV. - At the end of the first paragraph of Article L. 441-2 of the same code, the words: "a commitment to negotiate, in each subsidiary that is not covered by such an agreement, within a maximum period of four months from that same date, must be taken by the company" are deleted.
After article L. 444-9 of the same code, an article L. 444-10 is inserted as follows:
"Art. L. 444-10. - The participation agreement set out in Chapter II of this title or the regulation of a salary savings plan set out in Chapter III of the same title may provide for the conditions under which the business committee or a specialized commission established by it or, if not, the staff delegates shall have the necessary means of information on the conditions for the application of this agreement or the regulations. »
I. - After article L. 442-17 of the Labour Code, an article L. 442-18 is inserted as follows:
"Art. L. 442-18. - A plan of participation, established in accordance with the terms set out in Article L. 442-2 or Article L. 442-6, shall be negotiated by branch, no later than three years after the publication of Act No. 2006-1770 of 30 December 2006 for the development of employee participation and shareholding and bearing various economic and social provisions.
"The companies of the branch may opt for the application of the agreement so negotiated, in accordance with the terms set out in Article L. 442-10.
"If the branch agreement provides, in accordance with the provisions of Article L. 443-1-1, the establishment of an inter-enterprise savings plan, the company is free to opt for its membership under the conditions provided for in this section.
"In the absence of an initiative by the employers in the year following the promulgation of Act No. 2006-1770 of 30 December 2006, referred to above, the negotiation shall be undertaken within fifteen days of the request of a representative organization within the meaning of Article L. 132-2. »
II. - After the sixth preambular paragraph of Article L. 444-2 of the same code, it is inserted a paragraph as follows:
" - to follow the implementation of the branch negotiation referred to in Article L. 442-18".
III. - After the first paragraph of article L. 442-15 of the same code, it is inserted a paragraph as follows:
"If negotiations fail, the employer may unilaterally implement a participation regime in accordance with the provisions of section 1. The business committee or, if not, staff delegates are consulted on the unilateral subject matter project to participation at least fifteen days prior to its filing with the Director of Labour, Employment and Vocational Training. »
I. - Article L. 442-2 of the Labour Code is amended as follows:
1° The first sentence of 1 is amended as follows:
(a) The words: "at the rate of common law" are replaced by the word: "to";
(b) After the words: "and b", the sign: "," is deleted;
(c) The words are added: "and increased the profits exonerated under the provisions of articles 44 sexies, 44 sexies A, 44 septies, 44 octies A, 44 octies A, 44 undecies, 208 C and 217 bis of the general tax code";
(d) The words are added: "without, for companies that have not entered into an equity agreement in accordance with Article L. 442-6, this benefit may be reduced from the deficits observed in previous years over five years to the current fiscal year";
2° The last sentence of the last paragraph is deleted.
II. - The first paragraph of article L. 442-6 of the same code is supplemented by a sentence as follows:
"The basis of calculation can thus be one third of the net tax benefit. »
III. - The d of 1° of I is applicable as of January 1, 2008.
IV. - In the last paragraph of Article L. 442-4 of the Labour Code, after the reference: "L. 442-1", the words are inserted: "for companies that do not enter the same consolidation or combination of accounts within the meaning of the second paragraph of Article L. 444-3", and the words: "in companies that constitute economic and social unity" are deleted.
The second paragraph of 1 of Article 237 bis A of the General Tax Code is supplemented by a sentence as follows:
"This rate is increased to 50% for agreements concluded within three years of the publication of Act No. 2006-1770 of 30 December 2006 for the development of employee participation and shareholding and bringing various economic and social provisions. »
The first paragraph of Article L. 442-6 of the Labour Code is supplemented by a sentence as follows:
"The special interest reserve may be calculated taking into account the evolution of the value of the shares or shares of the company or group in the last fiscal year ended. »
I. - Article L. 443-2 of the Labour Code is supplemented by a sentence as follows:
"For the spouse of the head of business referred to in the same paragraph and for the employee whose employment contract is suspended, who have not received any remuneration for the previous year, they cannot exceed one-quarter of the annual amount of the ceiling provided for in Article L. 241-3 of the Social Security Code. »
II. - I is applicable as of January 1, 2006.
I. - After the fifth preambular paragraph of Article L. 132-27 of the Labour Code, it is inserted a paragraph as follows:
"The Interest Agreement, the Participation Agreement and the Settlement of a Salary Savings Plan, when concluded concurrently, may be subject to a common deposit under the conditions set out in the ninth and tenth paragraphs of section L. 441-2. »
II. - Article L. 441-2 of the same code is amended as follows:
1° The eighth preambular paragraph is replaced by two sub-items:
"In order to be entitled to exemptions under sections L. 441-4 and L. 441-6, the agreement must have been entered into before the first day of the second half of the calculation period following the effective date of the agreement.
"This agreement shall be deposited, by the most diligent party, with the competent administrative authority, within fifteen days of the deadline; the opposition period referred to in Article L. 132-2-2 shall be postponed if any. » ;
2° The penultimate paragraph is deleted;
3° In the last paragraph, after the words: "when an agreement" the words are inserted: ", valid within the meaning of Article I L. 132-2,".
III. - After article L. 444-9 of the same code, an article L. 444-11 is inserted as follows:
"Art. L. 444-11. - The competent administrative authority shall have a period of four months from the filing of an interest agreement, a participation agreement or a payment of a salary savings plan to request, after consultation with the organization in charge of the recovery of the social security contributions to which the company is responsible, the withdrawal or modification of the provisions contrary to the laws and regulations.
"On the basis of this application, the agreement or regulation may be denounced at the initiative of one of the parties to renegotiate an agreement in accordance with the legislative and regulatory provisions.
"In the absence of a request during the time limit set out in the first paragraph, no further challenge to the conformity of the terms of the agreement or the regulation to the legislative and regulatory provisions in force at the time of its conclusion may be to question the tax and social exemptions attached to the benefits granted to employees under the current or prior years of the dispute.
"This section is also applicable to participation agreements and agreements establishing inter-business savings plans at a branch level. »
IV. - After the second paragraph of Article L. 442-4 of the same code, it is inserted a paragraph as follows:
"The individual distribution ceiling set by the decree provided for in the first paragraph shall not be subject to any improvement, upward or downward, including by one of the agreements mentioned in Article L. 442-5. »
Within one year of the date of promulgation of this Act, the Government shall submit to Parliament a report describing the terms and conditions of the implementation of an interest policy in the public service as well as in public enterprises, public institutions and national companies that do not fall within the scope of Article L. 441-1 of the Labour Code.
The title of chapter III of Book IV title IV of the Labour Code is thus written: "Salary Savings Plans".
I. - The second to ninth paragraphs of Article L. 442-5 of the Labour Code are replaced by four paragraphs as follows:
"The agreements concluded after the promulgation of Act No. 2006-1770 of 30 December 2006 for the development of employee participation and shareholding and bearing various economic and social provisions may provide for the allocation of the sums constituting the special reserve of participation:
« 1° To accounts opened on behalf of the interested parties under a business savings plan that meets the conditions set out in chapter III of this title;
« 2° To an account that the company must devote to investments. Employees have a right of receivable on the company equal to the amount of the sums paid.
"An agreement cannot provide for the allocation of amounts constituting the special reserve of participation only in a frozen current account. »
II. - In the first paragraph of Article L. 442-12 of the same code, the reference "3" is replaced by the reference "2".
III. - 1. In the second paragraph of Article 35 of Law No. 78-763 of 19 July 1978 on the status of worker cooperative production societies, the references: ", third paragraph, 2°," are deleted.
2. In the second paragraph of B of Article 5 of Act No. 2004-804 of 9 August 2004 for the support of consumption and investment, the words: "the allocation of shares of the enterprise under Article 1 of Article L. 442-5 of the Labour Code or the allocation of the sums to a fund that the company devotes to investments under Article 3 of the same Article" are replaced by the words:
3. In the first sentence of the last paragraph of Article 39 of Act No. 2005-842 of 26 July 2005 for the confidence and modernization of the economy, the words: "the allocation of shares of the enterprise under Article 1 L. 442-5 of the same code or the allocation of the sums to a fund that the company devotes to investments under Article 3" are replaced by the words: "
4. In the II of Article 27 of Act No. 87-416 of 17 June 1987 on Savings, the words "of 2 of Article L. 442-5 and" are deleted.
5. In the second sentence of the second paragraph of Article 163 bis AA of the General Tax Code, the words "in the tenth paragraph of" are replaced by the word "to".
6. Article L. 442-8 of the Labour Code is amended as follows:
(a) In the third paragraph, the words: "these are listed in the 4" are replaced by the words: "thes mentioned in the 1st";
(b) In the fourth paragraph, the references: "4" and "3" are replaced by the references: "1°" and "2°".
7. In the ninth paragraph of Article L. 443-1-1 of the same code, the words: "investment funds created in the company under 3" are replaced by the words: "open account in the company under 2°".
I. - Article L. 443-1-2 of the Labour Code is amended as follows:
1° The first paragraph of I is supplemented by a sentence as follows:
"The company that has put in place a business savings plan for more than five years is required to open a negotiation for the establishment of a collective pension savings plan or a contract mentioned in b of 1 of Article 163 quatervicies of the general tax code or a plan referred to in 2 of Article 83 of the same code. » ;
2° The first paragraph of II is supplemented by four sentences as follows:
"A former employee of a company may continue to make payments on the savings plan for the collective pension. These payments do not benefit from additional payments from the company and the costs associated with their management are the exclusive responsibility of the former employee who makes these payments. This possibility is not open to the employee who has access to a savings plan for collective retirement in the new business where he is employed. Can also be paid on the savings plan for the collective pension the rights listed in the savings-time account referred to in Article L. 227-1. »
II. - Article L. 443-2 of the same code is supplemented by a paragraph as follows:
"The amount of rights registered in a time savings account referred to in Article L. 227-1 and used to support a collective retirement savings plan defined in Article L. 443-1-2 is not taken into account for the assessment of the ceiling referred to in the first paragraph. The same applies to the rights used to supply a business savings plan, provided that they are used for the acquisition of securities of the business or a business that is related to it within the meaning of section L. 444-3, or shares or shares of securities collective investment organizations referred to in sections L. 214-40 and L. 214-40-1 of the monetary and financial code. »
In the first sentence of the first paragraph of Article L. 443-7 of the Labour Code, the amount: "2,300 euros" is replaced by the words: "8% of the annual ceiling amount provided for in Article L. 241-3 of the Social Security Code", and the amount: "4,600 euros" is replaced by the words: "16% of the annual amount of the said ceiling".
I. - Article 163 A of the General Tax Code is as follows:
"Art. 163 A. - I. - For the purpose of establishing income tax, the amount of the rights in a time-saving account referred to in Article L. 227-1 of the Labour Code and that are used to feed a collective pension savings plan defined in section L. 443-1-2 of the same code or a plan of corporate savings under the terms set out in the second paragraph of section L.43
"The exercise of this option is incompatible with that of the option under section 163-0 A of this code.
“II. - The provisions of 1 of section 167 and 1 of section 204 shall apply to the amount of the rights set out in a Time Savings Account referred to in section L. 227-1 of the Labour Code and that are used to feed a collective retirement savings plan defined in section L. 443-1-2 of the same code or a taxable business savings plan under the conditions set out in the second paragraph of section L.43-2 »
II. - The provisions of the I shall apply to rights registered in a savings-time account referred to in Article L. 227-1 of the Labour Code and which are used to supply a savings plan for the collective pension defined in Article L. 443-1-2 of the same code or an enterprise savings plan under the conditions provided for in the second paragraph of Article L. 443-2 of the same code effective 1 January 2006.
I. - In the second and sixth paragraphs of Article L. 132-23 of the Insurance Code, after the words: "continuation of professional activity" are inserted the words: ", including contracts under the supplementary pension scheme established by the National Public Service Provident Fund,".
II. - I comes into force three years after the publication of this Act.
I. - Article L. 443-1-1 of the Labour Code is amended as follows:
1° The text is as follows:
"(c) The different allocation options for the amounts collected, in particular the number, management direction and risk profile of the funds used; »
2° The e is thus written:
“e) The list of different rates and ceilings of abundance among which companies wishing to make additional payments to those of their employees can opt for; »
3° After the penultimate sub-item, a sub-item is inserted as follows:
"A business savings plan member may be concluded under the terms and conditions set out in the first paragraph. However, the regulation of a plan established between several employers individually and open to membership of other companies may provide that an Avender on points b, c and e of the regulation of this plan may be validly concluded if it is ratified by a majority of the Stakeholders in the plan. »
II. - The second paragraph of Article L. 214-39 of the monetary and financial code is as follows:
"The Supervisory Board is composed of employees representing the shareholders, themselves carrying shares and, at most, of representatives of the company. When the fund collects the values acquired with amounts from reserves of participation or paid in corporate savings plans established in several companies, the regulation determines, under conditions fixed by decree, the terms and conditions of representation of the companies in the supervisory and designation board of their representatives. »
I. - The second paragraph of Article L. 443-4 of the Labour Code is replaced by four paragraphs as follows:
"When a joint venture investment fund referred to in Article L. 443-3 is invested in corporate securities and that they are not admitted to negotiations on a regulated market, the assets of that fund must include at least one third of liquid securities. This condition is not required in one of the following cases:
« 1° When a mechanism is established to ensure the liquidity of these values under conditions defined by decree;
« 2° When, for the purposes of this title, the company, the company that controls it or any company controlled by it within the meaning of Article L. 233-16 of the Commercial Code has undertaken to redeem, within 10% of its social capital, the securities not admitted to negotiations on a regulated market held by the joint investment fund.
"In the latter case, the liquidative value of the joint investment fund is published at least once a year. After the disclosure of the value of expertise of the company, employees have a period of two months prior to the publication of the liquidative value of the fund to apply for the subscription, purchase or arbitration of their assets. A decree in the Council of State determines the conditions for the application of this paragraph. »
II. - Article L. 225-209 of the Commercial Code is amended as follows:
1° In the last sentence of the fifth paragraph, the words "by Article L. 225-196 and" are deleted;
2° It is added a paragraph to read:
"The provisions of this Article shall apply to companies whose securities are not admitted to negotiations on a regulated market for the purposes referred to in Articles L. 443-1 and following of the Labour Code. In this case, the provisions of the fourth paragraph of this Article relating to the information of the Autorité des marchés financiers and Article L. 225-212 are not applicable. »
I. - The statutes of the supplementary pension plans to which the provisions of 1° bis of Article 83 of the General Code of Taxes in force until 1 January 2004 had been extended before that date, adopted by the bodies mentioned in Article 5 of Order No. 2001-350 of 19 April 2001 relating to the code of mutuality and transposing the directives 92/49/CEE and 92/96/EEC of the Council, individually dated 18 June and 10 November 1992,
II. - I comes into force one year after the date of publication of this Act.
I. - Article L. 141-7 of the insurance code is amended as follows:
1° At the beginning of the first paragraph, the words "I. -" are inserted;
2° It is added a II as follows:
“II. - I does not apply to the supplementary pension plan established by the National Public Service Provident Fund. »
II. - Members of the supplementary pension plan established by the National Public Service Provident Fund shall be informed individually, at least 30 days before the date fixed for the meeting of the General Assembly, of its agenda. Members shall be consigned to the statement of decisions voted by the General Assembly and may, upon request, obtain the communication of its minutes.
III. - II comes into force six months after the publication of this Act.
Article 2 of Act No. 2004-1487 of 30 December 2004 on the opening of the capital of DCN and the creation by it of subsidiaries is thus written:
“Art. 2. - Chapters I, III and IV of title IV of Book IV of the Labour Code are applicable to State personnel made available to DCN or its subsidiaries. »
In the second sentence of the first paragraph of Article L. 320-2 of the Labour Code, after the words: "Provisional management of employment and skills" are inserted the words: ", on which the Business Committee is informed,".
In the second sentence of the second paragraph of Article L. 321-17 of the Labour Code, after the word: "possibly" are inserted the words: "implemented in advance within the framework of a collective agreement on the predictive management of employment and skills or".
After Article L. 432-4-2 of the Labour Code, an article L. 432-4-3 is inserted as follows:
"Art. L. 432-4-3. - Without prejudice to the duties of the head of business in consulting the business committee, a collective agreement of branch, company or group may adapt, in the enterprises occupying at least three hundred employees, the terms and conditions of information of the business committee and organize the exchange of views to which the transmission of this information takes place.
"This Agreement may substitute for all information and documents of an economic, social and financial nature as provided for in Articles L. 212-4-9, L. 432-1-1 and L. 432-3-1, by the sixth to eighth preambular paragraphs and by the last sentence of the last paragraph of Article L. 432-4 and by Article L. 432-4-1 a report of which it sets the periodicity, at least annually, obligatoryly covering:
« 1° The activity and financial situation of the company;
« 2° The evolution of employment, qualifications, training and wages; the balance sheet of part-time work in the company;
« 3° The comparative situation of the general conditions of employment and training of women and men;
« 4° Actions for the employment of disabled workers in the company.
"Company committee members receive this report fifteen days before the meeting.
"The report, as amended as appropriate after the meeting of the business committee, is forwarded to the labour inspector, along with the committee's advice, within fifteen days.
"The agreement also sets out the conditions under which employees are directly informed on the economic, social and financial situation of the company and on the matters referred to in Articles L. 320-2 and L. 320-3. »
After Article L. 432-3-1 of the Labour Code, an article L. 432-3-1-1 is inserted as follows:
"Art. L. 432-3-1-1. - In companies with a participation agreement, an interest agreement or a pay savings plan, where the business committee is not a signatory, the employer consults with the employer, prior to their extension or renewal, on the possible changes to these agreements and plans, as well as on the situation of employee ownership and the participation of employees in the management of the business. »
In the last sentence of the last paragraph of Article L. 435-3 of the Labour Code, the words: "all representative trade union organizations in the company" are replaced by the words: "one or more union organizations of representative employees in the company that have not been subject to opposition under the conditions set out in 2° of III of Article L. 132-2,".
I. - The first paragraph of articles L. 225-23 and L. 225-71 of the Commercial Code is amended as follows:
1° Before the words: "When the report is presented", the words are inserted: "In companies whose securities are admitted to negotiations on a regulated market,"
2° In the first and second sentences, the words "must be appointed" are replaced by the words "are elected";
3° At the end of the first sentence, the words: "in conditions fixed by decree. » are replaced by a sentence as follows:
"These shall vote in conditions established by the statutes. » ;
4° Two sentences are added:
"The duration of their term is determined by application of Article L. 225-18. However, their mandate ends with the arrival of the term or the termination, for any reason, of their employment contract. »
II. - The amendment of the statutes of the companies referred to in articles L. 225-23 and L. 225-71 of the Commercial Code, made necessary by the drafting of these articles from 2° of I, shall be made by a decision of the extraordinary general assembly which shall meet no later than the date of the next ordinary general assembly following the publication of this Act.
Section 8-1 of Act No. 86-912 of 6 August 1986 on Privatization Procedures is supplemented by three paragraphs as follows:
"The statutes of any company whose transfer to the private sector has been decided pursuant to section 4 of Act No. 86-793 of 2 July 1986 authorizing the Government to take various economic and social measures and which have provided that the board of directors or supervisory board, as the case may be, includes at least two members representing employees or shareholder employees may not be modified in such a way that the number may be less than:
"One, if the board of directors or supervisory board has less than fifteen members;
"-two, if the board of directors or supervisory board has fifteen or more members. »
I. - 1. Article L. 443-5 of the Labour Code is supplemented by a paragraph as follows:
"This section also applies to transfers by a corporation of its securities, within 10% of the total securities it issued, to members of a business savings plan. »
2. In the last paragraph of Article L. 443-3 of the same code, the word "last" is replaced by the word "fifth".
3. Article L. 443-6 of the same code is supplemented by a paragraph as follows:
"The free shares assigned to employees under the conditions set out in sections L. 225-197-1 to L. 225-197-3 of the Commercial Code without prejudice to the special provisions set out in this paragraph may be paid, upon the expiry of the acquisition period referred to in the fifth paragraph of the I of Article L. 225-197-1 of the same Code, on a plan of business savings under Article L. 443-1 of this Code, The distribution of shares between employees is subject to a company agreement. If there is no agreement, it is the subject of a decision of the board of directors, the board of directors or the head of business. The distribution may be uniform, proportional to the duration of presence in the company during the fiscal year or proportional to the wages or jointly retain these different criteria. These free shares are only available upon the expiration of a minimum period of five years from their payment on the plan. The provisions of articles L. 225-197-4 and L. 225-197-5 of the Commercial Code are applicable. »
II. - Article 217 quinquies of the general tax code is amended as follows:
1° The paragraphs of this article are grouped under an I;
2° The first paragraph is supplemented by the words: "as well as the free allocation of shares pursuant to articles L. 225-197-1 to L. 225-197-3 of the same code";
3° The last paragraph is deleted;
4° It is added a II as follows:
“II. - Companies may make a deduction for the fiscal year in which they issued shares for the benefit of their employees pursuant to a free allocation of shares to be issued or the lifting of stock subscription options referred to in the first paragraph of the I or pursuant to an increase in capital reserved for members of a business savings plan referred to in Article L. 443-5 of the Labour Code.
"The first paragraph of this II shall apply provided that:
« 1° The allocation or subscription options referred to in the same paragraph shall benefit all employees of the enterprise;
« 2° Shares or options are allocated or agreed either in a uniform manner, or in proportion to the length of the company's presence in the fiscal year or wages, or through a combination of these different criteria.
"The deduction referred to in the first paragraph of this II is equal to the difference between the value of the securities on the date of the capital increase and their subscription price.
"A decree sets out the modalities for the application of these provisions, including the reporting obligations. »
III. - 1 of I and II shall apply, respectively, to the assignments of shares and to the emissions of shares authorized by the extraordinary general assemblies held on or after 1 January 2006.
I. - After the tenth paragraph of Article L. 214-40 of the monetary and financial code, it is inserted a paragraph as follows:
"The regulation provides that the dividends and coupons attached to the securities included in the assets of the fund are distributed to the shareholders, at their express request, in accordance with the terms and conditions it determines. It provides, where applicable, different categories of shares. »
II. - Article L. 214-40-1 of the same code is supplemented by two sentences as follows:
"The statutes provide that the dividends and coupons attached to the securities included in the corporation's assets are distributed to shareholders, at their express request, in accordance with the terms and conditions they determine. They provide, where applicable, different categories of shares. »
III. - The regulations and statutes of the funds and corporations established on the date of publication of this Act shall be in accordance with I and II within a maximum period of eighteen months after the date of publication of this Act, unless otherwise decided by the Supervisory Board or extraordinary general assembly, motivated by the interest of the holders of shares or shares.
Article L. 214-40 of the monetary and financial code is supplemented by a paragraph to read:
"When the securities issued by the company or any company that is related to it within the meaning of the second paragraph of Article L. 444-3 of the Labour Code are not allowed to negotiations on a market referred to in Articles L. 421-3, L. 422-1 or L. 423-1 of this Code, the joint investment fund may be a shareholder's pact in order to promote the transfer of the enterprise, the stability of the enterprise. »
I. - 1. Article L. 443-3-1 of the Labour Code becomes Article L. 443-3-2.
2. In the III of Article L. 443-1-2 of the same code, the reference "L. 443-3-1" is replaced by the reference "L. 443-3-2".
3. After Article L. 443-3 of the same code, an article L. 443-3-1 is reinstated as follows:
"Art. L. 443-3-1. - A business savings plan established under an agreement with the staff may provide for the allocation of the amounts paid to a fund dedicated to the redemption of the securities of that company or of shares issued by companies created under the conditions provided for in Article 220 nonies of the General Code of Taxes, as well as securities of a company of the same group within the meaning of the second paragraph of Article L. 444-3 of this Code, in the framework of redemption to employees.
"The sums or values recorded in the accounts of the participants, by individual decision of the participants, must be held until the end of the redemption transaction referred to in 2° of this article, without the duration of detention being less than five years. However, a decree specifies the cases in which the amounts or values mentioned above may be exceptionally unlocked before the expiry of this period.
"By derogation from section L. 443-4 of this code, the assets of this fund may be invested to 95% in corporate securities.
"By derogation from Article L. 214-40 of the monetary and financial code, the members of the supervisory board are elected by all employees carrying shares.
"The establishment of this fund is subject to the following conditions:
« 1° At least fifteen employees, or at least 30% of employees, if the company's workforce does not exceed fifty employees, are involved in the redemption operation reserved for employees;
« 2° The agreement with the staff specifies the identity of the employees involved in the operation, the final control of the company within the meaning of Article L. 233-16 of the Commercial Code and the term of the operation. »
4. After the c of Article L. 443-3 of the same code, it is inserted a d as follows:
"(d) Shares issued by companies created under the conditions set out in section 220 nonies of the general tax code. »
II. - 1. In section L. 214-39 of the monetary and financial code, the reference: "L. 443-3-1" is twice replaced by the reference: "L. 443-3-2".
2. In the last sentence of the last paragraph of Article L. 214-4 of the same code, the reference: "L. 443-3-1" is replaced by the reference: "L. 443-3-2".
3. In the last paragraph of Article 199 terdecies-0 A of the General Tax Code, the reference "L. 443-3-1" is replaced by the reference "L. 443-3-2".
I. - In the I bis of Article 163 bis C of the General Tax Code, the words: "in accordance with the provisions of Articles 83 ter, 199 terdecies A and 220 quater" are replaced by the words: "in the conditions provided for in Article 220 nonies".
II. - 1. After the article 220 octies of the same code, it is inserted an article 220 nonies as follows:
"Art. 220 nonies. - I. - Companies made exclusively for the redemption of all or part of the capital of a corporation, under the conditions mentioned in II, may receive a tax credit.
"For each fiscal year, the tax credit is equal to the amount of the corporate tax due by the corporation acquired under the previous fiscal year, in the proportion of the social rights that employees of the redeemed corporation indirectly hold in the capital of the latter and within the limit of the amount of interest due by the new corporation for the imputation exercise because of the borrowings it has contracted for the redemption. For companies members of a group within the meaning of section 223 A, the corporate tax due by the redeemed corporation is the amount that it should have paid in the absence of application of the plan under section 223 A.
“II. - The benefit of I is subject to the following conditions:
« 1° The redeemed corporation and the new corporation must be subject to the common corporate tax regime and not part of the same group within the meaning of section 223 A;
« 2° The voting rights attached to the shares or shares of the new corporation shall be held by at least fifteen persons who, on the date of the redemption, were employed by the redeemed company, or by at least 30% of the employees of that corporation if the workforce does not exceed fifty employees on that date;
« 3° The resumption operation was the subject of a company agreement meeting the conditions of 2° of Article L. 443-3-1 of the Labour Code.
"III. - A decree sets out the reporting obligations of the companies concerned. »
2. After article 220 Q of the same code, it is inserted an article 220 Drafted:
"Art. 220 R. - The tax credit set out in section 220 nonies is charged on the corporate tax payable by the new corporation for the years in which the borrowing interest was recorded. Borrowing interests are defined as interest due to borrowings contracted by the new corporation for the redemption. Any surplus is refunded. »
3. Article 223 O of the same code is supplemented by a r as follows:
"(r) Tax credits issued by each group corporation under section 220 nonies, the provisions of section 220 R apply to the sum of these tax credits. »
III. - After the I of Article 726 of the same code, it is inserted an Ibi as follows:
"I bis. - The registration fee referred to in I is not applicable to acquisitions of social rights carried out by a corporation established to redeem another corporation under the conditions provided for in section 220 nonies. »
IV. - After article 810 ter of the same code, an article 810 quater is inserted as follows:
"Art. 810 quater. - Acts notifying the household intakes made under the conditions laid down in article 220 nuns are registered for free. »
I. - 1. Article L. 225-197-1 of the Commercial Code is amended as follows:
1° I is thus written:
"I. - The Extraordinary General Assembly, on the report of the Board of Directors or the Board of Directors, as the case may be, and on the special report of the Board of Auditors, may authorize the board of directors or the board of directors to carry out, for the benefit of employees of the company or of certain categories of them, a free allocation of existing shares or to issue.
"The Extraordinary General Assembly sets the maximum percentage of social capital to be allocated under the conditions defined in the first paragraph. The total number of shares awarded free of charge shall not exceed 10% of the social capital on the date of the decision of their attribution by the board of directors or the board of directors.
"It also sets the time limit for which such authorization may be used by the board of directors or the board of directors. This period cannot exceed thirty-eight months.
"When the award relates to shares to be issued, the authorization given by the extraordinary general assembly shall prevail in full right, to the benefit of the beneficiaries of the shares awarded free of charge, the renunciation of shareholders to their preferential right to subscription. The corresponding capital increase is definitively realized only by the final allocation of shares to the beneficiaries.
"The allocation of shares to their beneficiaries is final at the end of an acquisition period whose minimum duration, which cannot be less than two years, is determined by the extraordinary general assembly. However, the meeting may provide for the final allocation of shares before the end of the acquisition period in the case of disability of the beneficiary under the classification in the second or third of the categories provided for in Article L. 341-4 of the Social Security Code.
"The Extraordinary General Assembly also sets the minimum duration of the obligation to retain shares by beneficiaries. This short period from the final allocation of shares, but cannot be less than two years. However, actions are freely closed in the event of a disability of the beneficiaries corresponding to their ranking in the above categories of the Social Security Code.
"If the Extraordinary General Assembly has retained for the acquisition period referred to in the fifth paragraph a term not less than four years for all or part of the shares awarded, it may reduce or remove the duration of the retention obligation referred to in the sixth paragraph of those shares.
"In a company whose securities are admitted to negotiations on a regulated market, after the retention period, shares cannot be disposed of:
« 1° Within the period of ten exchanges before and after the date on which the consolidated accounts, or if not the annual accounts, are made public;
« 2° Within the period between the date on which the social organs of the society are aware of information that, if made public, could have a significant impact on the course of the corporation's securities, and the subsequent date of ten stock exchanges to the date on which this information is made public.
"The board of directors or, where appropriate, the board shall determine the identity of the beneficiaries of the shares referred to in the first paragraph. It sets out the conditions and, where applicable, the criteria for allocation of shares. » ;
2° It is added a III as follows:
"III. - In the event of an exchange without relief of shares resulting from a merger or split operation carried out in accordance with the regulations in force during the acquisition or retention periods provided for in I, the provisions of this Article and, in particular, the periods referred to above, for their remaining period to be run on the date of the exchange, shall remain applicable to the rights to attribution and shares received in exchange. The same is true of the exchange resulting from a public offer, division or grouping operation carried out in accordance with the existing regulations that occur during the retention period.
"In the event of a contribution to a corporation or common investment fund whose assets are exclusively composed of capital securities or giving access to the capital issued by the corporation or by a corporation that is related to it under section L. 225-197-2, the retention obligation provided for in I shall remain applicable, for the remaining period to be incurred on the date of the contribution, to shares or shares received in return for the contribution. »
2. The second paragraph of article L. 225-197-3 of the same code is supplemented by a sentence as follows:
"These actions are freely closed. »
II. - Article 80 quaterdecies of the general tax code is amended as follows:
1° In the first sentence, the words: ", except as an option for the salary and wage regime" are replaced by the words: "when the shares awarded remain unavailable without being given for rent for a minimum period of two years which runs from their final assignment";
2° The second sentence is deleted;
3° Two subparagraphs are added:
"The exchange without relief of shares resulting from a public offer, merger, splitting, division or grouping operation carried out in accordance with the regulations in force does not result in the profit of the provisions of the first paragraph. The conditions mentioned in the same paragraph continue to apply to shares received in exchange.
"The tax is due in respect of the year in which the beneficiary of the shares has assigned them. However, in the event of an unleashed exchange resulting from an operation referred to in the second paragraph, the tax is due for the year of the assignment of shares received in exchange. »
III. - In the first sentence of the penultimate paragraph of Article L. 242-1 of the Social Security Code, the words: "are complied with the terms and conditions of attribution fixed by the board of directors or, if any, the directorate, in accordance with the provisions of the sixth paragraph of Article L. 225-197-1 of the same code" are replaced by the words: "they are kept in the conditions referred to in Article I of the same code
IV. - Section 200 A of the General Tax Code is amended as follows:
1° The 6 is supplemented by a sub-item:
"The exchange without relief of shares resulting from a public offer, merger, splitting, division or grouping operation carried out in accordance with the regulations in force does not cause the benefit of the reduced rates provided for in the second paragraph to be lost. The conditions mentioned in the same paragraph continue to apply to shares received in exchange. » ;
2° The last two sentences of 6 bis are replaced by a sub-item:
"The surplus-value equal to the difference between the sale price and the value of the shares on their acquisition date is imposed under the conditions set out in 150-0 A. If the shares are disposed of for a price less than their value at the date of acquisition, the less-value is deducted from the amount of the benefit referred to in the first paragraph. »
V. - 2° of 1 and 2 of I, as well as IV, are applicable as of 1 January 2005.
I. - The last paragraph of Article L. 225-180 of the Commercial Code is replaced by a III as follows:
"III. - Options may also be granted under the same conditions as in articles L. 225-177 to L. 225-179 by a company controlled, directly or indirectly, exclusively or jointly, by a central organ, central organs or credit institutions which are affiliated to it or to them within the meaning of articles L. 511-30 to L. 511-32 of the monetary and financial code, to the employees of those companies indirectly, or to those of entities whose capital is held directly »
II. - Article L. 225-197-2 of the same code is read as follows:
“II. - Shares may also be credited under the same conditions as those provided for in Article L. 225-197-1 by a company controlled, directly or indirectly, exclusively or jointly, by a central organ, central organs or credit institutions which are affiliated to it or to them in the sense and for the application of Articles L. 511-30 to L. 511-32 of the monetary and financial code, to the employees of these companies and to those of the entities whose capital is wholly »
The second sentence of the second paragraph of Article L. 225-129 of the Commercial Code is supplemented by the words: "or by the final award of free shares provided for in Article L. 225-197-1".
Article L. 511-31 of the monetary and financial code is supplemented by two paragraphs as follows:
"The central bodies shall notify any decision to affiliate or withdraw affiliation to the institution concerned and to the Committee on Credit Institutions and Investment Companies.
"Can be affiliated to several central organs any credit institution that is directly or indirectly under their joint control, within the meaning of Article L. 233-16 of the Commercial Code, and whose activity is necessary for the operation of the networks of these central bodies. An agreement between the central bodies defines the terms and conditions for the exercise of their respective powers over the affiliated establishment and the implementation of their obligations to it, in particular with regard to liquidity and creditworthiness. The central bodies shall notify the Committee of credit institutions and investment companies of multiple affiliations, which may require the approval or authorization to take or hold the joint control of the institution concerned with respect to commitments made by the central bodies on the principles of the implementation of the affiliation. »
The second paragraph of Article L. 443-6 of the Labour Code is supplemented by two sentences as follows:
"However, shares may be made to a corporation or mutual fund whose assets are exclusively composed of capital securities or giving access to the capital issued by the enterprise or by a company of the same group within the meaning of the second paragraph of Article L. 444-3. The five-year period referred to in this paragraph shall be applicable, for the remaining period to be incurred on the date of the contribution, to shares or shares received in respect of the contribution. »
I. - Article 163 bis G of the General Tax Code is amended as follows:
1° In the first paragraph of the second paragraph, the reference: "to article L. 228-95" is replaced by the references: "to articles L. 228-91 and L. 228-92";
2° In the second paragraph of the III, after the words: "The Extraordinary General Assembly" are inserted the words: ", which determines the time when the good can be exercised."
II. - The first paragraph of the e of Article L. 136-6 of the Social Security Code is supplemented by the words: ", as well as the advantage defined in 6 bis of Article 200 A of the General Tax Code".
III. - II is applicable as of 1 January 2006.
After the 7th of the article L. 900-2 of the Labour Code, are inserted an 8th and a 9th grade as follows:
« 8° Training actions related to the business economy. These include the objective of understanding by employees of the operation and issues of the company;
« 9° Training actions related to interest, participation and wage savings and employee shareholding. »
I. - After article 244 quater O of the general tax code, it is inserted an article 244 quater P as follows:
"Art. 244 quater P. - I. - Small and medium-sized enterprises imposed according to their real or exempt earnings under sections 44 sexies, 44 sexies A, 44 octies, 44 decies and 44 undecies can benefit from a tax credit for the training expenses of their employees to the economy of the company and to the savings and employee shareholding schemes that they set up
“II. - The small and medium-sized enterprises mentioned in I are those that meet the conditions set out in Annex I to Commission Regulation (EC) No. 70/2001 of 12 January 2001 concerning the application of Articles 87 and 88 of EC Treaty to State aids for small and medium-sized enterprises, as amended by Commission Regulation (EC) No. 364/2004 of 25 February 2004.
"The benefit of the tax credit is reserved for companies that have, as of January 1, 2007, a business savings plan provided for in Article L. 443-1 of the labour code whose amounts are collected are allocated at least in part to the acquisition of the shares of mutual funds referred to in Article L. 443-3 of the same code when the assets of these funds include the values referred to in the sixth paragraph of the latter section.
"III. - The tax credit is equal to 25% of the expenses mentioned in I for the first ten hours of training of each employee. Eligible expenses are the training expenses for the company's economy and the pay savings and employee shareholding schemes referred to in I and set out in 2007 and 2008. Taking these expenses into account in the tax credit calculation base is capped at EUR 75 per hour of training per employee.
"Public subsidies received by businesses on the basis of expenditures that qualify for the tax credit are deducted from the basis for calculating this credit.
"The same expenses cannot be included in both the tax credit calculation base provided for in I and another tax credit.
"IV. - The tax credit is capped for each business at EUR 5,000 for the twenty-four month period referred to in III. This ceiling is valued by taking into account the fraction of the tax credit corresponding to the shares of associates of partnership referred to in sections 8, 238 bis L, 239 ter and 239 quater A, and the rights of group members referred to in sections 238 ter, 239 quater, 239 quater B, 239 quater C and 239 quinquies.
"When these companies or groups are not subject to corporate tax, the tax credit may be used by the partners proportionally to their rights in these companies or groups, provided that they are liable for corporate tax or natural persons participating in the operation within the meaning of 1° bis of section 156.
"V. - The I tax credit applies within the limits and conditions set out in Commission Regulation (EC) No. 69/2001 of 12 January 2001, with respect to the application of sections 87 and 88 of the EC Treaty to minimize aids.
"VI. - A decree sets the conditions for the application of this article. »
II. - After article 199 ter N of the same code, an article 199 ter O is inserted as follows:
"Art. 199 ter O. - The tax credit defined in section 244 quater P is charged on the taxpayer's income tax for the year in which the business incurred the expenses. If the amount of the tax credit exceeds the tax due under that year, the surplus is returned. »
III. - After article 220 Q of the same code, it is inserted an article 220 T as follows:
"Art. 220 T. - The tax credit defined in section 244 quater P is charged on the corporate tax for the fiscal year in which the expenditures defined in section 244 quater P were exposed. If the amount of the tax credit exceeds the tax due under that fiscal year, the surplus is returned. »
IV. - Article 223 O of the same code is supplemented by a t as follows:
"(t) Tax credits issued by each company of the group under section 244 quater P; the provisions of section 220 T apply to the sum of these tax credits. »
V. - Deleted.
I. - Until December 31, 2010, research organizations, higher education institutions and companies may make their employees available to a company, higher education institution or research organization that is part of the same competitiveness cluster as defined in section 24 of Act No. 2004-1484 of December 30, 2004 of Finance for 2005.
The provisions of articles L. 125-1 and L. 125-3 of the Labour Code are not applicable to the labour loan made under the conditions laid down in this article, provided that it does not cause injury to the employee concerned.
II. - An employer who intends to put one or more employees, in an indefinite or public law contract, at the disposal of a company, establishment or organization, shall enter into a written agreement with the employer to make available, including:
1° The characteristics of assignment jobs, including the required professional qualifications, the place of performance of the work benefit, the working time regime or schedule, and the requirement for enhanced security training when these jobs are listed in the sixth paragraph of Article L. 231-3-1 of the Labour Code;
2° The term of the availability and the conditions of its renewal;
3° The conditions for exercising the right to leave;
4° Where applicable, any provision relating to access to training organized by the company, institution or host organization;
5° The conditions and conditions for early termination of the provision by the employee or by either of the parties to the agreement.
The provision cannot affect the protection enjoyed by an employee under a representative mandate.
III. - Notwithstanding any treaty provision that provides for another procedure, the employer who intends to make an employee available to a company, establishment or organization shall send to that employee by registered letter or by hand-delivered letter against discharge, a written proposal to the employee's employment contract. This proposal mentions the company, institution or agency to which it is intended to be made available; it specifies the duration and conditions of its activity as defined by the legislative, regulatory and treaty provisions applicable to the place of work and by the convention provided for in II. The employee has 15 working days to make his decision known. In the absence of a response within this period, the employee is deemed to have refused this proposal.
The same procedure is applicable to each renewal of the provision.
An employee may not be punished, terminated or discriminated against for refusing such a proposal or for having decided to terminate the provision.
IV. - For the duration of the availability, the company, institution or host agency shall be responsible for the conditions of performance of the work applicable to the place of work, in matters relating to the duration of work, night work, weekly rest and holidays, paid leave, hygiene and safety, the work of women and young workers.
Companies, establishments or organizations of origin, on the one hand, and those of reception, on the other hand, are held respectively against employees made available to the same responsibilities and obligations as the third to last paragraphs of Article L. 124-4-6 of the Labour Code and Article L. 124-4-7 of the same Code, respectively, provide for temporary work enterprises and enterprises using temporary workers. Employees made available are therefore entitled to the rights defined by these provisions for temporary workers.
During the period of the provision, the employee is entitled to maintain his or her remuneration. The employee may not be less than that which, in the company, the institution or host agency, would receive, an employee hired directly by them, of equivalent qualification, of the same seniority and occupying a similar position.
The employee made available is not considered for the calculation of the company's workforce, establishment or host organization.
V. - At the end of the disposition, or if the provision is terminated before the term initially fixed, the employee shall return to his or her employment or equivalent employment with at least equal pay, as well as all the rights attached to his or her employment contract, particularly related to his or her seniority, for the determination of which the period of availability is considered to be effective work, and is a priority to receive training in the framework of the training plan.
VI. - The Government shall report to Parliament on the evaluation of the application of this Article by 31 December 2009.
VII. - Articles L. 125-1 and L. 125-3 of the Labour Code do not preclude employees of the Anonymous Society for the Composition and Printing of Official Journals being employed in work under the Official Journals Directorate.
I. - After article L. 320-2 of the Labour Code, an article L. 320-2-1 is inserted as follows:
"Art. L. 320-2-1. - In the companies referred to in the first paragraph of Article L. 321-4-3, mobility leave may be offered to employees by the employer who has entered into a collective agreement on the forecasting management of employment and skills.
"The purpose of the mobility leave, the duration of which is fixed by the collective agreement, is to encourage the return to a stable job by accompanying measures, training actions and working periods.
"The periods of work referred to in the second paragraph may be completed within or outside the company that proposed mobility leave. They may take either the form of an indeterminate employment contract, or that of a fixed-term employment contract concluded under the 1st of Article L. 122-2 within a limit set by the collective agreement. In the latter case, the mobility leave is suspended and resumes at the end of the contract for the remaining period.
"The mobility leave is taken during the notice period that the employee is exempt from performing. When the period of the mobility leave exceeds the period of notice, the term of the notice shall be deferred until the end of the mobility leave.
"The employee's acceptance of the mobility leave proposal shall result in the termination of the employment contract by a mutual agreement of the parties following the leave.
"The collective agreement determines the conditions to be met by the employee to benefit from the mobility leave; sets out the terms and conditions for the employer's accession to the employer's proposal and the commitments of the parties; it organizes the periods of work, the conditions to which it is terminated the leave and the modalities to accompany the planned training actions; it determines the level of pay that will be paid during the period of leave that exceeds the notice. The amount of this remuneration is at least equal to the amount of the allowance provided for in section L. 322-4, 4°. It also provides the information conditions of the staff representative institutions when the employer proposes to its employees a mobility leave. Finally, it determines the break-out allowances guaranteed to the employee, which cannot be less than the legal and conventional termination allowances for economic reasons.
"The remuneration paid to the beneficiary of the mobility leave shall be subject, for the period exceeding the notice period and within the first nine months of the leave, to the same plan of social contributions and contributions as that of the allowance paid to the beneficiary of the reclassification leave provided for in section L. 321-4-3 to which it is considered.
"The employee's acceptance of the mobility leave proposal exempts the employer from the obligation to offer the employee the benefit of the reclassification leave provided for in Article L. 321-4-3. »
II. - In the first paragraph of Article L. 321-4-3 of the same code, the reference: "to Article L. 439-6" is replaced by the reference: "to the first, second and third paragraphs of Article L. 439-6".
Order No. 2006-433 of 13 April 2006 relating to the experimentation of the contract of professional transition is ratified and amended as follows:
1° In the first paragraph of Article 10, the words "which includes" are replaced by the words "with the exception of";
2° In the first sentence of article 11, the word "two" is replaced by the word "one";
3° In the first sentence of the last paragraph of Article 6, the reference: "L. 123-3-3" is replaced by the reference: "L. 122-3-3";
4° The fifth paragraph of Article 9 is supplemented by two sentences as follows:
" Salaries due during the employee's response period referred to in section 3 of this order are covered by the insurance referred to in section L. 143-11-1 of the same code. The claims resulting from the termination of the employee's employment contract to which the professional transition contract was proposed are also covered by this insurance, provided that the administrator, the employer or the liquidator, as the case may be, proposed this contract to the persons concerned during one of the periods referred to in 2° of the same article L. 143-11-1. »
I. - After the 9th of Article L. 321-13 of the Labour Code, it is inserted a 10° as follows:
« 10° The termination of the employment contract of an employee whose employment occurred after the date of publication of Act No. 2006-1770 of 30 December 2006 for the development of employee participation and shareholding and carrying various economic and social provisions. »
II. - Sections L. 321-13 and L. 353-2 of the Labour Code are repealed effective January 1, 2008. The third paragraph of section 49 of the Corrective Financial Act for 2000 (No. 2000-1353 of 30 December 2000) is deleted from the same date.
I. - The first two paragraphs of Article L. 514-1 of the Labour Code are as follows:
"Employers are obliged to leave the time necessary to visit and participate in the prud'homales activities defined by decree in the Council of State to their employees, members of a council of prud'hommes.
"The time spent outside the company during working hours by the prud'homme advisers of the employee college for the exercise of their duties is assimilated to an effective working time for the determination of the rights that the employee holds from his labour contract and legislative, regulatory and treaty provisions. »
II. - Article L. 51-10-2 of the same code is amended as follows:
1° The 3rd is thus written:
« 3° The compensation of the prud'homal activities defined by the decree in the Council of State under Article L. 514-1, within the limits and conditions established by decree. The application for reimbursement to employers of wages maintained to the prud'homme advisors of the employee college, as well as the benefits and social expenses associated with it, is addressed to the office of the prud'homme council at the latest in the calendar year following the year of the absence of the employee of the company. If not, the refund request is prescribed; »
2° The 6th is thus written:
« 6° The travel expenses of the prud'homme advisers for the exercise of the prud'homales activities defined by the decree in the Conseil d'Etat provided for in article L. 514-1, within the limits of distance established by decree; »
3° The 3° bis, 7°, 9°, 10° and 11° are repealed.
I. - After the second paragraph of Article L. 513-3 of the Labour Code, it is inserted a paragraph as follows:
"The employer shall make available to employees of the establishment, staff delegates, union representatives and union delegates, for consultation and verification purposes, the data relating to the registration on the prud'homales lists of each employee under the conditions set by decree. »
II. - In the 6th of Article L. 800-5 of the same code, the reference: "third paragraph" is replaced by the reference: "fourth paragraph of I".
Article L. 713-5 of the Rural Code is supplemented by a paragraph to read as follows:
"The time for professional travel to the place of performance of the work contract is not an effective working time. However, if it exceeds the normal travel time between the home and the usual place of work, it must be the subject of a consideration either in the form of rest, or in the form of a financial agreement or collective agreement or, if not, by a unilateral decision of the employer made after consultation with the business committee or staff delegates, if they exist. The share of this professional travel time coincident with the work schedule should not result in loss of pay. »
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2006-545 DC of 28 December 2006. ]
I. - The second paragraph of Article L. 117-5 of the Labour Code is deleted.
II. - The first sentence of the first paragraph of article L. 117-14 of the same code is as follows:
"The apprenticeship contract covered by the signature of the employer, the apprentice and, if unable, his legal representative is sent, under the conditions fixed by decree in the Council of State, for registration either in the Chamber of Commerce and Industry, or in the Chamber of Crafts or in the Chamber of Agriculture. »
III. - Article L. 117-16 of the same code is as follows:
"Art. L. 117-16. - Disputes relating to the registration of the apprenticeship contract or the declaration held therein shall be brought before the Human Prud'hommes Council. »
IV. - In the first sentence of the seventh paragraph of Article L. 118-2-2 of the same code, after the words: "Regional funds for learning and continuing vocational training" are inserted the words: "and the training centres for apprentices for which the agreement has been passed with the State".
After the first paragraph of Article L. 351-10 bis of the Labour Code, it is inserted a paragraph as follows:
"Any undue payment of the allowances referred to in the first paragraph may, provided that the allotted party does not contest the undue nature of the allowance, be recovered by deduction on the amount of the allowances to echo or by repayment of the debt according to the terms fixed by regulation. Deductions cannot exceed a prescribed percentage. »
I. - Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make an order to adapt the legislative provisions of the Labour Code to a constant law in order to include the provisions of a legislative nature that have not been codified, to improve the plan of the code and to remedy, if any, the errors or deficiencies of codification.
II. - The provisions codified under I are those in force at the time of the issuance of the order, subject only to modifications that would be made necessary to ensure respect for the hierarchy of standards and the editorial coherence of the texts thus collected, to harmonize the rule of law, to correct any errors and to repeal the provisions, codified or not, that have become irrelevant.
In addition, the Government may, where appropriate, extend the application of the codified provisions to Mayotte, Saint-Pierre-et-Miquelon, New Caledonia, French Polynesia, French Southern and Antarctic Lands and the Wallis and Futuna Islands with the necessary modifications.
III. - The order must be made within nine months of the publication of this Act. A bill of ratification is tabled before Parliament within three months of the issuance of the order.
The VI of Article L. 513-1 of the Labour Code is supplemented by a paragraph as follows:
"In the event of membership in the two colleges due to the double quality of employer and employee, registration is made in the college corresponding to the main activity of the elector. »
After the II of Article L. 513-3-1 of the Labour Code, it is inserted a II bis as follows:
« II bis. - The lists that do not respect the principle of parity of the courts are not admissible. »
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2006-545 DC of 28 December 2006. ]
I. - Article L. 231-13 of the Labour Code is as follows:
"Art. L. 231-13. - A decree in the Council of State determines the rules of hygiene and security, including those relating to the construction of the construction sites, the organization of the work and the isolated workers, to be respected on the forest sites defined in Article L. 371-1 of the forest code as well as on the forestry projects.
"It also sets out the list of requirements for law enforcement donors, self-employed persons and employers directly engaged in work on the sites mentioned in the first paragraph. »
II. - After article L. 231-13 of the same code, an article L. 231-14 is inserted as follows:
"Art. L. 231-14. - A decree in the Council of State sets out the list of requirements for self-employed persons who perform high work in the trees, as well as employers directly carrying out these activities. »
III. - Article L. 263-11 of the same code is as follows:
"Art. L. 263-11. - Are punished by a fine of EUR 4,500 for self-employed workers, as well as employers when they exercise their own activity:
" - on a building and civil engineering site, if they have not implemented their obligations under articles L. 231-2, L. 231-6, L. 231-7, L. 233-5, L. 233-5-1 and L. 235-18;
" - on a forestry or forestry site or on high work in trees, if they have not implemented their obligations under articles L. 231-13 and L. 231-14.
"In the event of a recurrence, these facts are punished with a fine of EUR 9,000. »
I. - Article L. 225-185 of the Commercial Code is amended as follows:
1° The fourth preambular paragraph is supplemented by two sentences as follows:
"However, by derogation from these provisions, the Board of Directors or, as the case may be, the Supervisory Board shall decide that the options may not be waived by the persons concerned prior to the termination of their duties, or shall determine the amount of actions arising out of options that they are required to maintain on behalf until the termination of their duties. The relevant information is published in the report referred to in Article L. 225-102-1. » ;
2° In the last paragraph, after the words: "to be assigned", the words are inserted: ", under the same conditions,".
II. - Article L. 225-197-1 of the same code is supplemented by a paragraph as follows:
"By derogation from the preceding provisions, for the actions so assigned to the President of the Board of Directors, to the Director General, to the Directors General, to the members of the board or to the manager of a corporation by share, the board of directors or, as the case may be, the supervisory board shall decide that such actions may not be disposed of by the persons concerned before the termination of their duties, or determine the amount of such actions that they are required to be held on the nominative basis. The relevant information is published in the report referred to in Article L. 225-102-1. »
III. - Articles L. 225-37 and L. 225-68 of the same code are supplemented by a paragraph as follows:
"In companies whose securities are admitted to negotiations on a regulated market, this report presents the principles and rules, as the case may be, agreed by the board of directors or supervisory board to determine the remuneration and benefits of any kind granted to social agents. »
IV. - Article L. 621-18-3 of the monetary and financial code is amended as follows:
1° In the first sentence, the words "in the last paragraph" are replaced by the words "in the last two paragraphs";
2° The second sentence is supplemented by the words: "and may approve any recommendation it deems useful."
V. - I to IV shall apply to the options and shares awarded from the date of publication of this Act.
VI. - The penultimate sentence of the fourth paragraph of Article L. 225-177 of the Commercial Code is deleted.
I. - The monetary and financial code is amended as follows:
1° Article L. 341-2 is supplemented by a 9° as follows:
« 9° To the agreements concluded between the persons mentioned in the 1st of Article L. 341-3, with the exception of venture capital companies, for the distribution of products, the realization of an operation or the provision of a service, referred to in Article L. 341-1, with the exception of the provisions referred to in Article L. 341-6. » ;
2° Section L. 341-4 is amended as follows:
(a) In the first sentence of the III, the word "moral" is deleted;
(b) In the second sentence of the III, after the words: "responsible by employees" are inserted the words: "or employees of natural persons or";
(c) In the second sentence of the IV, the words: "the ones of the legal persons mandated" are replaced by the words: "the ones of the natural persons or the legal persons mandated";
3° Article L. 341-6 is amended as follows:
(a) The first paragraph is replaced by eight subparagraphs as follows:
"The persons referred to in Article L. 341-3, according to their nature, register as an approacher with the Autorité des marchés financiers, the Comité des établissements de crédit et des entreprises d'invest and the Comité des entreprises d'assurance:
« 1° Their employees or employees to whom they entrust the care to engage in banking or financial demarcation;
« 2° The natural persons or legal persons entrusted to whom they entrust the care to engage in banking or financial demarcation, as well as the employees or employees of such persons;
« 3° The natural persons mandated for this purpose by the legal persons appointed at 2° and the employees of these natural persons;
« 4° Their legal representative or their leaders as well as that or one of the persons mentioned in the 2nd and 3rd when these people engage or resort to banking or financial activities.
"The establishments or undertakings authorized in another Member State of the European Community or in a State Party to the Agreement on the European Economic Area authorized to intervene in the French territory shall register, under the same conditions, the persons mentioned in the second to fifth preambular paragraphs with the competent authority in France to which the competent authority for these establishments and enterprises has been notified of the declaration of intervention in the French territory in respect of their activities benefiting the
"When a financial investment advisor defined in section L. 541-1 uses natural persons to carry out a demarcation activity exclusively on the operations provided for in section L. 341-1, these persons are registered on behalf of the financial investment advisor by the association, approved by the Autorité des marchés financiers pursuant to section L. 541-4, to which it adheres.
"The persons referred to in the 1st of Article L. 341-3 may use the services of another person referred to in the same section in order to make the registration of the processors to which they use. » ;
(b) In the first sentence of the second paragraph, the words: "of the preceding paragraph" are replaced by the words: "previous paragraphs";
(c) In the third, fifth and sixth preambular paragraphs, the word "moral" is deleted;
(d) In the fourth preambular paragraph, the words "first and third preambular paragraphs" are replaced by the words "first to eighth preambular paragraphs and tenth preambular paragraph";
(e) In the fifth preambular paragraph, the words: “employed persons, employees or agents to whom they entrust the care to engage in bank or financial demarcation” are replaced by the words: “the persons mentioned in the second to fifth preambular paragraphs”;
(f) In the sixth preambular paragraph, the words: "employed persons, employees or agents to whom they confide in banking or financial activities" are replaced by the words: "the persons mentioned in the second to fifth preambular paragraphs".
II. - Amendments made by I to Article L. 341-2 and Article L. 341-4 of the monetary and financial code come into force nine months after the promulgation of this Act.
The persons referred to in Article L. 341-3 of the same Code may register, under the conditions defined in Article L. 341-6 of that Code, the employees of the natural persons appointed on the first working day following the date mentioned in the preceding paragraph.
I. - Order No. 2006-344 of 23 March 2006 on supplementary occupational pensions is ratified.
II. - The Social Security Code is amended as follows:
1° Section 9 of Chapter II of Title III of Book IX entitled "Insurance and Reinsurance Intermediation Arrangements" becomes section 10 and articles L. 932-40 to L. 932-42 of this section become articles L. 932-49 to L. 932-51;
2° In the first sentence of the last paragraph of Article L. 932-41, the words "no contracts under the third paragraph of Article L. 932-40" are deleted;
3° In L. 932-51, the references: "L. 932-40 and L. 932-41" are replaced by the references: "L. 932-49 and L. 932-50";
4° In the last paragraph of Article L. 931-25, the references: "L. 932-40 to L. 932-42" are replaced by the references: "L. 932-49 to L. 932-51".
III. - In the first sentence of the last paragraph of Article L. 222-4 of the code of mutuality, the words "no contracts under the third paragraph of Article L. 222-3" are deleted.
IV. - The monetary and financial code is amended as follows:
1° 5° of the article L. 542-1 is thus written:
« 5° The legal entities established in France with the primary or single purpose of the conservation or administration of financial instruments, as well as those whose sole purpose is to administer one or more professional collective pension institutions; »
2° The beginning of the fourteenth paragraph of Article L. 621-9 is thus written: "14° Legal persons... (the rest without change)”;
3° In the a and b of the II of Article L. 621-15, the references: ", 11° and 12°" are replaced by the references: "and 11° to 14°".
I. - Book I of the insurance code is amended as follows:
1° The second part of article L. 143-1 is as follows:
« 2° Or an association referred to in Article L. 144-1. » ;
2° Title IV is supplemented by a chapter IV as follows:
“Chapter IV
"Plant and Retirement Contracts
additional subscribed by associations
“Section 1
"Plant and Retirement Contracts
additional non-employed professions
"Art. L. 144-1. - The contracts under this section are governed by Article L. 141-1 and may be signed by an association under Article L. 141-7 with a number of persons above a threshold established by decree in the Council of State and to which:
« 1° Only persons engaged in a non-agricultural or non-agricultural employment or having engaged in such an activity and benefiting from an old age pension, subject to the provisions of Article L. 652-4 of the Social Security Code;
« 2° They are exclusively agricultural business or business leaders, their spouses and family support, provided that they fall under the basic old-age insurance scheme established by Chapter II of Book VII of the Rural Code and that they justify the regularity of their situation with respect to this scheme.
"The purpose of these contracts is to acquire and enjoy personal surgeries payable to the member from the earliest date of the liquidation of his or her pension in an old-age insurance plan or age fixed under section L. 351-1 of the Social Security Code or, for the contracts mentioned in 1° of this section, the payment of additional pension benefits or compensation in the event of loss of employment. Payment of premiums or contributions due to contracts shall be of a regular nature in its amount and its periodicity.
“Section 2
"Popular Retirement Savings Plan
"Art. L. 144-2. - I. - The People's Retirement Savings Plan is a contract governed by Article L. 141-1 whose execution is related to the termination of business activity and which is subscribed by an association under Article L. 141-7 with a number of persons above a threshold fixed by decree in the Council of State and referred to as a group of people's retirement savings.
"The contract referred to in the first paragraph (a) is for the acquisition and enjoyment of personal viager rights payable to the member from the earliest date of the liquidation of his pension in a compulsory old-age insurance plan or the age established under section L. 351-1 of the Social Security Code.
"The contract may provide additional guarantees for the death of the member before or after the date on which the life annuity acquired under the plan is put into service. The benefits provided under these guarantees consist of a life annuity paid to one or more beneficiaries expressly designated by the member or, if not, to his or her spouse or a temporary education annuity paid to minor children. These additional guarantees may not have the effect of transmitting rights that would exceed those to which the member could have claimed in the event of life. The contract may also provide, in the event of a member's disability that occurred after his or her membership, for the payment of a disability pension to his or her exclusive benefit, without the effect that the benefit may have the effect of opening him or her rights that would exceed those to which he or she could have claimed without disability.
"The purpose of the People's Retirement Savings Plan is also to establish a savings allocated to the acquisition of the principal residence of the member on the first ownership referred to in the first paragraph of I of Article 244 quater J of the General Code of Taxes, as of the date of liquidation of the member's pension in a compulsory old-age insurance plan or the age fixed under Article L. 351-1 of the social security payable,
"The rules specific to the legal forms under which the People's Retirement Savings Plan is formed, the People's Retirement Savings Group and the Insurance Company apply subject to the provisions of this section.
“II. - It is established, for each plan, a monitoring committee to ensure the proper execution of the contract by the insurance company and the representation of the interests of the members, according to the terms defined by decree in the Council of State.
"It follows the rules applicable to the board of directors of the group defined in section L. 141-7.
"When the group referred to in I of this section subscribes a single plan, the board of directors of the association may be the monitoring committee of that plan.
"The Supervisory Committee may request, at any time, the auditors and directors of the insurance company any information on the financial situation and actuarial balance of the same plan. The auditors are then denied the obligation of professional secrecy.
"The supervisory committee shall diligently conduct the necessary expertise for its mission and may, to that end, mandate an independent expert to perform any control of the plan's administrative, technical and financial management on-site.
"The insurance company informs, each year, the monitoring committee of the amount allocated to participation in technical and financial benefits and consults with it on the terms and conditions of its distribution among members.
"The members of the monitoring committee shall be held in professional secrecy with respect to information of a confidential nature and as such by the experts and persons consulted by him under the conditions and penalties set out in articles 226-13 and 226-14 of the Criminal Code. Experts and persons consulted by the supervisory committee are held in professional secrecy under the same conditions and under the same penalties.
"III. - The insurance company shall, at least once every quarter, inform the plan monitoring committee and shall, within six months after the close of the previous year, issue an annual report on the actuarial balance and administrative, technical and financial management of the plan. This report is forwarded to the supervisory authority established in section L. 310-12 with the advice of the supervisory committee.
"IV. - The administrative management of the plan, including the holding of accounts recording the rights of the members and the information of each member on his or her rights, is carried out by the insurance company or by a third party to which the insurance company delegated this management under its responsibility.
"V. - The conditions for the financial management of the popular retirement savings plan by the insurance company and in particular the use of reinsurance or delegated management are determined by decree in the Council of State.
"VI. - The insurance company exercises voting rights in the sole interest of the individual rights of the plan members.
« VII. - Notwithstanding the provisions of the Commercial Code relating to social accounts, the insurance company shall establish, for transactions under this section, an auxiliary accounting for assignments. These procedures and records are controlled and certified by the auditor(s) of the insurance company.
"Section L. 142-4 applies to property and rights arising from the accounting record established under the first paragraph of this VII.
"The assets of the People's Retirement Savings Plan are retained by a single depositary separate from the insurance company, which is the principal service mentioned in 1 of Article L. 321-2 of the Monetary and Financial Code and which is approved in France, another Member State of the European Community or another State Party to the Agreement on the European Economic Area.
« VIII. - In the event of insufficient representation of the commitments of a popular retirement savings plan, section L. 143-5 of this code applies to the sub-assignment accounting referred to in Part VII of this section.
« IX. - VII and VIII apply individually to each popular pension plan managed by the insurance company and verifying threshold conditions. They apply collectively to all plans managed by the insurance company that do not verify these threshold conditions. If, for a plan, these conditions are not verified for five consecutive years, contributions to a contract no longer counting a minimum number of members are no longer considered contributions to a popular retirement savings plan.
"A decree in the Council of State determines the thresholds referred to in the first paragraph of this IX and the rules applicable at the time of their crossing.
"X. - The People's Retirement Savings Group deposits its statutes with the authority established in Article L. 310-12 and is registered on a register held by that same authority. It can only be dissolved in cases and conditions defined by decree in the Council of State.
"The purpose of this grouping is to ensure the representation of the interests of the members in the establishment and monitoring of the management of this or these plans. It may not participate directly in the presentation of the same plans.
« XI. - The contract provides the terms and conditions for financing the popular pension savings group. The group does not receive any contributions from its members, with the possible exception of an entry fee.
« XII. - The General Assembly shall, on the proposal of the Supervisory Committee, decide on amendments to the essential provisions of the plan approved by the People's Retirement Savings Group.
"Unless in the event of serious misconduct, the change in the insurance company can only occur after a notice of at least 12 months and under the conditions specified in the plan. The choice of the new insurance company is subject to competition and is subject to the General Assembly's plan. It takes the transfer to the new manager insurance company of all the commitments and assets attached to the plan.
"The Supervisory Committee considers the opportunity, at its maturity, to renew the contract with the insurance company or to compete with it. The decision to renew the contract with the insurance company is subject to approval by the General Assembly. In the event of competition, the outgoing insurance company cannot be excluded from the competition procedure.
"Art. L. 144-3. - A decree in the Council of State sets out the technical rules and conditions of application of this chapter, including the clauses that must be included in these contracts and the statutes of associations.
"Art. L. 144-4. - For the purposes of this chapter, the mutual funds governed by the code of mutuality and the institutions of foresight referred to in Article L. 931-1 of the Social Security Code and Article L. 727-2 of the Rural Code are equivalent to insurance companies approved in accordance with Article L. 321-1 of this Code. » ;
3° Section L. 132-21 is amended as follows:
(a) In the first paragraph, the reference: "108 of Act No. 2003-775 of 21 August 2003 referred to above is replaced by the reference: "L. 144-2";
(b) In the third paragraph, the words: "or the transfer value of the popular retirement savings plan as defined in section 108 of Act No. 2003-775 of 21 August 2003 referred to above are deleted;
(c) In the fourth paragraph, the words: "the transfer value of the popular retirement savings plan" are replaced by the words: "to the host insurance organization the transfer value of the original popular retirement savings plan";
4° In the second paragraph of articles L. 143-2 and L. 143-4, the reference is "108 of Act No. 2003-775 of 21 August 2003 on pension reform" and the reference is "L. 144-2";
5° Chapters I and II of Title IV are respectively titled "General provisions relating to group insurance" and "Special rules on insurance contracts on diversified life".
II. - In the first paragraph of Article L. 932-23 of the Social Security Code, the words "and section 1 of Chapter II of Title III" are replaced by the reference: ", section 1 of Chapter II of Title III and chapter IV of Title IV".
III. - The code of mutuality is thus modified:
1° Article L. 223-20 is amended as follows:
(a) In the third paragraph, the words: "or the transfer value for transactions under section 108 of Act No. 2003-775 of 21 August 2003 referred to above shall be deleted;
(b) In the fourth paragraph, the words: "the transfer value of the popular retirement savings plan" are replaced by the words: "to the host insurance organization the transfer value of the original popular retirement savings plan";
2° After the article L. 223-25, an article L. 223-25-1 is inserted as follows:
"Art. L. 223-25-1. - Mutuals or unions may propose the transactions referred to in Chapter IV of Title IV of Book I of the Insurance Code, under the conditions established by that chapter. »
IV. - A. - In all existing legislative and regulatory provisions, the reference to section 108 of Act No. 2003-775 of 21 August 2003 on pension reform is replaced by the reference to section L. 144-2 of the Insurance Code.
B. - The general tax code is amended as follows:
1° In the second paragraph of Article 154 bis, the words: "as provided for in amended Article 41 of Act No. 94-126 of 11 February 1994 on the initiative and the individual enterprise" are replaced by the words: "as provided for in Article L. 144-1 of the Insurance Code by the persons mentioned in the 1st of that Article";
2° Respectively in the first paragraph of I and in the II of Article 154 bis-0 A, the references: "at the I of Article 55 of Act No. 97-1051 of 18 November 1997 on the orientation of marine fisheries and marine cultures" and "at the I of Article 55 of Act No. 97-1051 of 18 November 1997 referred to above" are replaced by the reference: "at 2°-1 of Article 144
3° In the b quater of 5 of Article 158 and 1 of Article 163 quatervicies, the words: "created by" are replaced by the words: "as provided by";
4° In the first paragraph of Article 163 bis, the word "second" is replaced by the word "fourth";
5° In section 885 J, the words "created by Act No. 2003-775 of 21 August 2003 on pension reform" are replaced by the words "as provided for in Article L. 144-2 of the Insurance Code".
V. - Are repealed:
1° Article 41 of Act No. 94-126 of 11 February 1994 on initiative and individual enterprise;
2° Section 55 of Act No. 97-1051 of 18 November 1997 on Maritime Fisheries and Marine Crops;
3° Article 108 of Act No. 2003-775 of 21 August 2003 on pension reform.
VI. - With the exception of b and c of 3° of I and 1° of III which come into force on 9 November 2006, this section comes into force nine months after the publication of this Act in the Official Gazette.
I. - Order No. 2005-1278 of 13 October 2005 defining the legal regime of real estate collective investment organizations and the modalities of transformation of civil real estate investment companies into real estate collective investment organizations is ratified.
II. - The monetary and financial code is amended as follows:
1° Section L. 214-84 is repealed;
2° In the first paragraph of Article L. 214-95, the percentage: "50%" is replaced by the percentage: "40%";
3° In the second sentence of the third paragraph of Article L. 214-106, the words "to shareholders or" are replaced by the words "to be made available to shareholders or shareholders";
4° The second paragraph of Article L. 214-119 is as follows:
"When it manages at least one real estate collective investment organization, the portfolio management company can manage, as a matter of priority, real estate assets subject to specific management mandates or civil real estate investment companies and, as an accessory, exercise a real estate investment advisory activity. To manage real estate collective investment organizations, civil real estate investment companies or real estate assets under management mandates, the portfolio management company has a specific activity program. » ;
5° At the end of the third paragraph of Article L. 214-120, the reference: "1° of Article L. 241-128" is replaced by the reference: "I of Article L. 214-128";
6° The beginning of the first sentence of the fourth paragraph of Article L. 214-124 is thus written: "The External Auditor shall appreciate, under his responsibility, the value of any in-kind contribution, in view of... (the rest without change)";
7° The beginning of the first sentence of the fourth paragraph of Article L. 214-135 is as follows: "The External Auditor appreciates, under his responsibility, the value of any in-kind contribution, given... (the rest without change)";
8° The third paragraph of Article L. 214-132 is as follows:
"This regulation provides for the establishment of a supervisory board composed only of representatives of shareholders. The Board is composed of at least five members and not more than nine members, including a President elected by members, held at the discretion on information of a confidential nature and as such by the Chair. He cannot interfere in the management of the fund. The general regulation of the Autorité des marchés financiers sets out the conditions under which it carries out its mission, the terms and conditions for the designation of its members and the means available to them. The members of the Supervisory Board are responsible for personal faults committed in carrying out their mandate. They are not responsible for the acts of management and their outcome. The general regulation of the Autorité des marchés financiers sets out the rules for the accumulation of mandates within the supervisory boards and determines the rules of incompatibility. » ;
9° In the 4th I of Article L. 411-2, after the words: "in 1", the words "or 5" are inserted.
III. - The last paragraph of section 2 of Act No. 70-9 of 2 January 1970 regulating the conditions for the operation of activities relating to certain transactions relating to immovables and commercial funds is supplemented by the words: ", except when they manage real estate assets subject to specific management mandates".
Section 6 of the Single Chapter of Title VI of Book I of the Insurance Code is thus restored:
“Section 6
« Life insurance with variable real estate capital
"Art. L. 160-10. - Civil corporations with a strictly real estate purpose, other than civil real estate investment companies, whose shares are wholly owned, directly or indirectly, by insurance companies as of 1 January 2007 and of which a part or all of these shares constitute on the same date of the units of account of life insurance or capitalization contracts may adopt the scheme of investment companies with a variable capital preponderance set out in subsection 2 of section 5
"Art. L. 160-11. - For life insurance and capitalization contracts with a unit of account consisting of shares of a corporation referred to in Article L. 160-10 or by a civil real estate investment corporation and subject to Articles L. 160-14 and L. 160-15, the adoption by such a corporation of the real estate collective investment plan, under the conditions defined in this section, results in the substitution of this unit of account by the share of account expressed This substitution shall be effected without the application of the fifth paragraph of Article L. 112-3. The same is true, if any, of the modifications of the provisions of the contracts, including those relating to the possible allocation clause to the insurance contract of the amounts distributed by the corporation referred to in Article L. 160-10, to the strict extent required by the adoption by the said corporation of the fixed capital investment companies. Such adaptations are subject to the prior authorization of the authority referred to in Article L. 310-12 which has a period of two months to decide. The authority also verifies, prior to the substitution and within the same time limits, the maintenance of the management direction of the said company in the information document prepared by the new company referred to in Article L. 214-109 of the monetary and financial code, in relation to the criteria for the destination and location of the real estate assets.
"Art. L. 160-12. - The corporation referred to in Article L. 160-10 shall take action on the adoption of the regime of real estate preponderance companies with variable capital under the conditions fixed by the statutes of that corporation.
"Art. L. 160-13. - The insurance company shall inform the subscribers of life insurance and capitalization contracts that do not fall within the scope of section L. 141-1 and that have account units consisting of shares of a corporation referred to in section L. 160-10 of the company's intention to adopt the plan referred to in that section. Each subscriber has a period of thirty days to express its opposition in writing. The corporation may not adopt the regime referred to in this same article in the event of opposition within that period of a majority of subscribers whose share or all of the rights is expressed in shares of such companies.
"Art. L. 160-14. - For contracts referred to in Article L. 141-1 of which an account unit is made up of shares of a corporation referred to in Article L. 160-10, the insurance company shall inform the subscribers or subscribers of the intention of that corporation to adopt the plan referred to in that section. The subscriber(s) has a period of thirty days to express their opposition in writing. The corporation may not adopt the regime referred to in this same article in the event of opposition within that period of one or more subscribers representing a majority of the members of whom a share or all of the rights is expressed in shares of such companies.
"Art. L. 160-15. - The expected date for the coming into force of the plan for a fixed-rate real-estate investment corporation in respect of the corporation referred to in section L. 160-10 shall be after at least two months after the expiration of the thirty-day period referred to in sections L. 160-13 and L. 160-14.
"Art. L. 160-16. - The insurance company shall communicate to subscribers and members the main characteristics of the account unit resulting from the substitution referred to in L. 160-11.
"Art. L. 160-17. - For life insurance or capitalization contracts, where the subscriber or the subscriber exercises his or her right to redemption less than two months after the substitution referred to in Article L. 160-11, he or she shall not be liable to the compensation referred to in the second paragraph of Article L. 331-2, notwithstanding any agreement to the contrary.
"Art. L. 160-18. - Where a corporation referred to in Article L. 160-10 or a civil real estate investment corporation adopts the scheme of real estate preponderance companies with variable capital under the conditions defined in this section, the transaction does not entail any direct or indirect costs for subscribers or members of life insurance and capitalization contracts, of which an account unit is made up of shares of such a corporation.
"Art. L. 160-19. - This section applies to collective investment organizations that have been created pursuant to section L. 160-10 of this Code or to section L. 214-84-2 of the monetary and financial code, and whose shares or shares constitute a unit of account of a life insurance contract.
"The depositary referred to in Article L. 214-117 of the monetary and financial code or by the corporation referred to in Article L. 214-119 of the same code may not be paid for the benefit of the insurance company proposing the said contract or of a company owned by the same group within the meaning of Article L. 334-2 of this Code.
"Art. L. 160-20. - An order of the Minister in charge of the economy specifies, as appropriate, the conditions for the application of this section and the technical rules applicable to insurance contracts on life with variable real estate capital. »
The sport code is thus modified:
1° The first paragraph of Article L. 122-5 is supplemented by a sentence as follows:
"However, it can be made up of bearer shares when the company appeals to savings. » ;
2° In the second paragraph of Article L. 122-6, the words: "or liquidation of community of property between spouses" are replaced by the words: ", liquidation of community of property between spouses or when the company concerned appeals to savings";
3° Article L. 122-8 is as follows:
"Art. L. 122-8. - For the purpose of issuing or transferring financial instruments to the public giving access to capital or voting rights, the anonymous companies referred to in Article L. 122-2 are required to include in the document provided for in Article L. 412-1 of the monetary and financial code information relating to their proposed development of sports activities and acquisition of assets used to enhance their stability and sustainability, such as » ;
4° Article L. 122-10 is supplemented by a paragraph as follows:
"With the exception of the provisions of the first paragraph, anonymous sports-related companies that make public use of savings may distribute their profits. »
Act No. 82-684 of 4 August 1982 on the participation of employers in the financing of urban public transport is thus amended:
1° Its title is complemented by the words: "and cheques-transport";
2° Articles 5 and 5-1, respectively, become articles 1 and 2 of a title I title entitled "In charge of public transportation costs";
3° The first paragraph of Article 1, as a result of the 2°, is supplemented by a sentence as follows:
"The employer may decide to increase the rate of ownership of the subscriptions subscribed by its employees beyond 50%. » ;
4° It is added a title II as follows:
« TITRE II
« CHÈQUES-TRANSPORT
“Art. 3. - I. - The cheque-transport is a special title of nominal payment that any employer may pre-finance for the benefit of its employees for the payment of expenses related to the movement between their habitual residence and their place of work.
"The check-transport is for differentiated use:
« 1° Employees may present cheques-transport to public transport companies and boards referred to in Article 7 of Act No. 82-1153 of 30 December 1982 on the orientation of inland transport;
« 2° Employees whose place of work is located outside the urban transport perimeters defined by section 27 of Act No. 82-1153 of 30 December 1982 referred to above, or whose use of the personal vehicle is made indispensable by special working hours conditions that do not allow to borrow a collective mode of transport, including within the jurisdiction area of an urban transport authority, may present the checks
“II. - The employer, after consultation with the business committee or, if not, staff delegates, makes a decision to implement the cheque-transport and defines the terms and conditions of attribution to its employees.
"III. - 1. The share of the company is not a social expenditure within the meaning of articles L. 432-8 and L. 432-9 of the Labour Code.
“2. If the company committee makes a contribution to the financing of the cheque-transport that remains at the expense of the employee, this contribution which, combined with the employer's contribution, cannot exceed the price of the subscription to a collective mode of transport or the amount fixed at the 19th ter of section 81 of the general code of taxes for cheque-transport usable to the distributors of fuel, does not have the meaning of the payroll
“Art. 4. - I. - Cheques-transport may be issued, if authorized for this purpose, by credit institutions or by specialized agencies, companies and institutions.
"These organizations, companies and institutions may also be authorized to issue dematerialized cheques.
"For the issuance, distribution and control, sections L. 129-7 to L. 129-10 of the Labour Code apply to the issuers of cheque-transport.
“II. - In the event of a safeguard, recovery or judicial liquidation of the issuer, employees holding unused cheques but still valid and exchangeable on the date of the declaratory judgment may, by priority to any other privileged or non-preferential receivables, be reimbursed immediately on the funds deposited in the accounts specifically open the amount of the amounts paid for the acquisition of these transfer cheques.
"III. - A decree determines the conditions for the application of this article, including:
« 1° Enabling and controlling the issuers;
« 2° The conditions of validity of checks-transport;
« 3° The obligations of the issuers of the cheque-transport and the persons who benefit and receive them in payment;
« 4° Terms and conditions for the exchange and refund of cheques-transport. »
I. - After the 19th bis of Article 81 of the General Tax Code, it is inserted a 19th ter as follows:
"19° ter a. The benefit resulting from the compulsory care by the employer of the price of the subscription securities subscribed by employees for travel by public transport of travellers between their habitual residence and place of work, in accordance with Article 1 of Act No. 82-684 of 4 August 1982 relating to the participation of employers in the financing of urban public transport and cheque-transport.
“b. The contribution of the employer in the cheque-transport provided for in section 3 of Act No. 82-684 of 4 August 1982 referred to above, within 50% of the price of the collective transport subscriptions for the cheque-transport referred to in 1° of I of the same section or the sum of 100 per year for the cheque-transport referred to in 2° of the same I;".
II. - 1. After article L. 131-4 of the Social Security Code, an article L. 131-4-1 is inserted as follows:
"Art. L. 131-4-1. - The employer's share in the cheque-transport provided for in section 3 of Act No. 82-684 of 4 August 1982 relating to the participation of employers in the financing of urban public transport and transport cheques is exempt from social security contributions, within the limits provided for in the b of 19° ter of section 81 of the General Tax Code. The benefit of this exemption cannot be accumulated with the benefit of other exemptions related to the reimbursements of home and workplace transportation costs. »
2. In the 3rd of Article L. 136-2 of the same code, the word and reference: "and 19°" are replaced by the references: ", 19° and b of the 19° ter".
The implementation of the cheque-transport will be subject to, by December 31, 2008, an evaluation involving the organizations of national and inter-professional representative employers and employees.
I. - It is applicable to Mayotte, New Caledonia, French Polynesia and the Wallis and Futuna Islands to amend Article L. 341-6 of the monetary and financial code operated by Article 63 of this Act.
II. - The amendments to sections L. 225-23 and L. 225-71 and to sections L. 225-197-1 and L. 225-197-3 of the Commercial Code, respectively, are applicable in New Caledonia and in the Wallis and Futuna Islands, by the I of section 32 and I of section 39 of this Act.
Order No. 2006-60 of 19 January 2006 updating and adapting the economic and financial law applicable to Mayotte, New Caledonia, French Polynesia and the Wallis and Futuna Islands is ratified.
Order No. 2006-931 of 28 July 2006 updating and adapting the economic and financial law applicable to Mayotte, New Caledonia, French Polynesia and the Wallis and Futuna Islands is ratified.
This law will be enforced as a law of the State.
Done in Paris on 30 December 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister of Employment,
social cohesion and housing,
Jean-Louis Borloo
Minister of Economy,
finance and industry,
Thierry Breton
The Seal Guard, Minister of Justice,
Pascal Clément
Minister of Health and Solidarity,
Xavier Bertrand
The Minister of Public Service,
Christian Jacob
The overseas minister,
François Baroin
Minister of Small and Medium Enterprises,
Trade, Crafts
and liberal professions,
Renaud Dutreil
Minister of Youth, Sports
and associative life,
Jean-François Lamour
Minister for Budget
and the reform of the state,
Government spokesperson,
Jean-François Copé
Minister for Employment, at Work
and the professional integration of young people,
Gérard Larcher
Minister for Social Security,
to the elderly,
Persons with Disabilities
and the family,
Philippe Bas
(1) Act No. 2006-1770.
- Preparatory work:
National Assembly:
Bill No. 3175;
Corrigendum letter No. 3175;
Report of Mr. Jean-Michel Dubernard, on behalf of the Cultural Affairs Committee, No. 3339;
Opinion of Mr. Patrick Ollier, on behalf of the Committee on Economic Affairs, No. 3334;
Opinion of Mr. Alain Joyandet, on behalf of the Finance Committee, No. 3340;
Discussion on 3 to 5 and 10 October 2006 and adoption, after an emergency statement, on 11 October 2006.
Senate:
Bill, adopted by the National Assembly, No. 15 (2006-2007);
Report of Ms. Isabelle Debré, on behalf of the Social Affairs Committee, No. 46 (2006-2007);
Opinion of Mr. Alain Dufaut, on behalf of the Committee on Cultural Affairs, No. 34 (2006-2007);
Opinion of Mr. Serge Dassault, on behalf of the Finance Committee, No. 35 (2006-2007);
Discussion on 8, 9 and 10 November 2006 and adoption on 10 November 2006.
National Assembly:
Bill, as amended by the Senate, No. 3432;
Report of Mr. Jean-Michel Dubernard, on behalf of the joint parity commission, No. 3461;
Discussion and adoption on 5 December 2006.
Senate:
Report of Ms. Isabelle Debré, on behalf of the Joint Parity Commission, No. 92 (2006-2007);
Discussion and adoption on 14 December 2006.
- Constitutional Council:
Decision No. 2006-545 DC of 28 December 2006 published in the Official Gazette of this day.
