Chapter IV: Commitments giving rise to a diversification provision

Articles in this section · 7

Article A134-1

French Insurance CodeIn force

Updated 7 Nov 2023

For the application of Article R. 134-2, notwithstanding Article 142-3 of Regulation No. 2015-11 of 26 November 2015 of the Autorité des normes comptables relating to the accounting framework for insurance undertakings, mathematical provisions are calculated using a rate that may be higher than that used for the tariff and at most equal to an amount calculated using either of the methods shown below:

1° For each commitment, 90% of the latest TECn index published by the Banque de France, where n corresponds to the maturity of the policyholder's guarantee. Where the maturity of the policyholder's or member's guarantee does not correspond to an available TECn index, a linear interpolation is made between the two available TECn indices most directly surrounding the maturity ;

2° 90% of the latest TECn index published by the Banque de France, where n corresponds to the duration of all the commitments covered by 1° of article L. 134-1 in the auxiliary allocation accounts. Where this duration does not correspond to an available TECn index, a linear interpolation is performed between the two available TECn indices that most directly correspond to the duration.

For a maturity or duration greater than the maximum term available for the TECn, the rate used may not exceed the TEC for the maximum term.

The choice of method under 1° or 2° applies to all the commitments in the same allocation sub-account. This choice cannot be reversed.

The rate chosen by the insurance undertaking may not be negative. If the ceiling resulting from the application of the method it has chosen is negative, the company uses the rate of 0%.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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