Since January 6, 2016, the information that must be organized at least every three years must relate not only to the legal conditions for the takeover of a company by employees, to its advantages and its difficulties, as well as to the mechanisms aid from which they can benefit but also on the general orientations of the company relating to the holding of its capital, in particular on the context and the conditions of a transfer of this capital and, if necessary, on the context and the conditions for a substantial capitalistic change.
The implementation of this new system required the publication of a decree specifying the content of the information.
This decree (decree n° 2016-2 of January 4, 2016 relating to the triennial information of employees provided for by article 18 of law n° 2014-856 of July 31, 2014 relating to the social and solidarity economy) was published in the official journal of January 5, 2016 and entered into force the day after its publication. It is now specified that the periodic information of the employees on the possibilities of takeover of a company by the employees must be presented in writing or orally by the legal representative of the company, or his delegate, during a meeting at which the employees must have been summoned by any means allowing them to be aware of it.
The information should include the following:
“1° The main stages of a project to take over a company, specifying the advantages and difficulties for the employees and for the transferor;
2° A list of organizations that can provide support, advice or training in the takeover of a company by employees;
3° The general elements relating to the legal aspects of the takeover of a company by the employees, specifying the advantages and the difficulties for the employees and for the transferor;
4° The general elements in terms of financial assistance and support mechanisms for the takeover of a company by employees;
5° General information on the main valuation criteria of the company, as well as on the structure of its capital and its foreseeable development;
6° Where appropriate, general information on the context and conditions of a capital transaction concerning the company and open to employees. »
