Since January 6, 2016, the information that must be provided at least every three years must cover not only the legal conditions for employee buyouts, their advantages and difficulties, and the support mechanisms available to them, but also the company's general policies regarding its shareholding, particularly the context and conditions of a sale of the company and, where applicable, the context and conditions of a substantial change in shareholding.
The implementation of this new system required the publication of a decree specifying the content of the information. This decree (Decree No. 2016-2 of January 4, 2016, concerning the triennial information provided to employees under Article 18 of Law No. 2014-856 of July 31, 2014, relating to the social and solidarity economy) was published in the Official Journal on January 5, 2016, and entered into force the day after its publication.
It is now specified that the periodic information provided to employees regarding the possibility of an employee buyout of a company must be presented in writing or orally by the company's legal representative, or their delegate, at a meeting to which the employees must have been summoned by any means enabling them to be informed.
The information must include the following elements:
"1. The main stages of a company takeover project, specifying the advantages and difficulties for employees and the seller;
2. A list of organizations that can provide support, advice, or training regarding employee takeovers;
3. General information relating to the legal aspects of an employee takeover, specifying the advantages and difficulties for employees and the seller;
4. General information regarding financial aid and support mechanisms for employee takeovers; 5.
General information on the main criteria for valuing the company, as well as on its capital structure and its foreseeable evolution;
6. Where applicable, general information on the context and conditions of a capital transaction concerning the company and open to employees."
