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30382
Question 30382 — businesses
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Summary
Ms. Séverine Gipson draws the attention of the Minister of Action and Public Accounts to the development of the “Dutreil pacts”. Indeed, as announced at the time of the preparation of the PACTE law, the development of the “Dutreil pacts” finds its fulfillment in article 40 of the finance law for 2019, the initial provisions of which were supplemented during parliamentary debates. This finance law therefore made the system more flexible by notably facilitating the conditions under which securities covered by a Dutreil pact can be contributed to a holding company. On this occasion, and to avoid calling into question a Dutreil pact, the company must meet several conditions modified by the finance law for 2019. Among these, it is required that the capital and voting rights of the holding company be held at least 75% by the signatories of the current Dutreil pact. To assess the status of signatory of the current Dutreil pact, the text refers to the signatories of the collective conservation commitment and the individual conservation commitment. The MP questions the Minister on the cumulative nature of these commitments for the assessment of this condition and wishes to ensure that the new text does not limit the contribution to holding companies held only by signatories of a Dutreil pact both in the course of collective commitment and individual commitment. This reading of the text would strongly limit the operations of contribution to a holding company of securities of companies subject to a Dutreil pact and, in practice, would only allow the contribution of securities under Dutreil pact to holding companies constituted or held by donees, to the exclusion of donors. Given the desire for relaxation of this text, the Member assumes that this condition would therefore not be cumulative but alternative, such that the capital of a holding company to which securities under the Dutreil pact are contributed must be held at least 75% by signatories of the pact in progress collective commitment or in the course of individual conservation commitment. She wants to know his analysis on this subject.
Machine translation from French. The official text remains authoritative.
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- Official source: https://www.assemblee-nationale.fr/dyn/15/questions/QANR5L15QE30382
- Open data entity: https://www.assemblee-nationale.fr/dyn/opendata/QANR5L15QE30382