Short answer. Yes. When a usufruct covers a share in the benefits of an industrial or commercial enterprise whose distribution date is not fixed, the law gives those benefits the same character as a usufruct over rent or a periodical pension — both are treated as civil fruits distributed the same way.
What the law says
Whenever it consists in the enjoyment of benefits accruing from a participation in any industrial or commercial enterprise, the date of the distribution of which is not fixed, such benefits shall have the same character.
Civil Code, Article 570 — Usufruct Over a Rent or Pension. Read the full provision →
Two situations, one legal treatment
The law groups two kinds of usufruct together for this purpose. The first is a usufruct constituted on the right to receive a rent or periodical pension, whether paid in money, in fruits, or as interest on bonds or securities payable to bearer — each payment due is treated as the proceeds or fruits of that right. The second is a usufruct over benefits from participation in an industrial or commercial enterprise where the distribution date is not fixed, such as a share of undated business profits. The law expressly gives this second kind the same character as the first.
What 'same character' means for you
Because your profit share is treated the same as rent or a pension, it is classified as a civil fruit rather than as capital or principal. That classification matters because civil fruits and capital are handled differently under a usufruct — the usufructuary is generally entitled to the fruits the property produces during the usufruct, while the underlying capital or principal is preserved for the owner once the usufruct ends. Treating undated business profits as civil fruits means they belong to you as the usufructuary as they accrue, rather than being locked up as part of the enterprise's underlying capital.
How the fruits get distributed
The law directs that both kinds of benefits — rent-like payments and undated business profit shares — are to be distributed as civil fruits and applied following the same method used for other civil fruits under a usufruct, meaning they are allocated based on the period the usufruct actually covers rather than treated as a single lump payment belonging entirely to whoever holds the right when it is paid out. This keeps a usufructuary's claim on business profits from being either inflated or shortchanged depending on exactly when a company happens to declare a distribution.
What this classification does not decide
Treating your profit share as a civil fruit tells you how the benefits are handled — it does not make you the owner of the underlying shares, partnership interest, or business itself, which remains with the person who granted you the usufruct. It also does not change when or whether the enterprise actually declares a distribution; the enterprise's own governance decides that, and your usufruct simply governs who is entitled to what is eventually distributed. And it does not resolve disputes over the amount distributed — if you believe a distribution was understated or delayed to your disadvantage, that is a separate question from how the usufruct classifies the payment once it is made.