Chapter III: Obligations of the insurer and the insured.

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Article L113-3

French Insurance CodeIn force

Updated 8 Nov 2023

The premium is payable in cash at the domicile of the insurer or the agent appointed by the insurer for this purpose. However, the premium may be payable at the insured's domicile or at any other agreed place in the cases and under the conditions set out exhaustively by decree of the Conseil d'Etat.

In the event of non-payment of a premium, or a fraction thereof, within ten days of its due date, and irrespective of the insurer's right to take legal action to enforce the contract, cover may not be suspended until thirty days after formal notice has been given to the insured. If the annual premium has been divided into instalments, the suspension of cover in the event of non-payment of one of the instalments will have effect until the end of the annual period in question. In all cases, the premium or fraction of the premium is payable after formal notice has been given to the insured.

The insurer has the right to cancel the contract ten days after expiry of the thirty-day period referred to in the second paragraph of this article.

A contract which has not been cancelled shall resume its effects for the future, at noon on the day following the day on which the insurer or the agent appointed by the insurer for this purpose has received payment of the outstanding premium or, if the annual premium is split into instalments, the instalments of the premium which were the subject of the formal notice and those which fell due during the period of suspension, as well as any legal proceedings and collection costs.

When enrolment in the contract is the result of an obligation provided for by a branch agreement or a professional or interprofessional agreement, the insurer may not make use of the provisions of this article relating to suspension of cover and cancellation of the contract.

The provisions of the second to penultimate paragraphs of this article do not apply to life insurance.

Mariela Petrova

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Common Questions

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

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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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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