Section I: General provisions.

Articles in this section · 42

Article L132-22

French Insurance CodeIn force

Updated 8 Nov 2023

Each year, the insurance or capitalisation company will inform the policyholder of:

-the amount of the surrender value or, for contracts linked to the cessation of professional activity, the transfer value ;

the amount of the surrender value or, in the case of contracts linked to the cessation of professional activity, the transfer value; - where applicable, the amount of the reduction value of the contract;

-the amount of capital guaranteed

-the contract premium.

It also informs the contracting party each year, in accordance with the conditions specified by order of the Minister for the Economy:

the guaranteed yield and the technical and financial profit-sharing for the contract;

-the average guaranteed yield and the average rate of profit sharing for contracts of the same type which are open for subscription or membership on the date this information is communicated, the average guaranteed yield and the average rate of profit sharing for contracts of the same type which are no longer open for subscription or membership on the date this information is communicated, as well as the average guaranteed yield and the average rate of profit sharing for all contracts of the same type;

-from 1 January 2022, the manner in which the investment policy takes into account environmental, social and governance factors, as well as the proportion of assets held to represent commitments under contracts of the same category that comply with the conditions set out in 1° to 3° of article L. 131-1-2;

-the average rate of return on assets held to cover commitments under contracts of the same category;

and, in the case of unit-linked policies, the value of the units of account, their annual performance since the policy was taken out, the charges levied by the insurance company in respect of each unit of account, the charges borne by the assets representing the unit-linked commitment during the last known financial year and, where applicable, the commission retrocessions received for the financial management of the assets representing the commitments expressed in units of account by the insurance company, by its delegated managers, including in the form of a collective investment undertaking, or by the custodian of the contract assets, as well as the significant changes affecting each unit of account.

For contracts with unit-linked guarantees or for the commitments referred to in article L. 134-1, the insurance undertaking shall make available to the policyholder, by any durable medium and at least quarterly, the information provided for in the second and eleventh paragraphs of this article, as well as changes in the surrender value of the commitments referred to in article L. 134-1.

These amounts may not take into account any profit sharing which has not been definitively allocated.

In this annual communication, the insurance or capitalisation undertaking shall indicate precisely and clearly what is meant by surrender, transfer and reduction operations and what their legal and contractual consequences are. Once a year, the insurance company must provide the policyholder with information on the possibility and conditions of converting his policy.

For contracts covered by Chapter IV, the insurance or capitalisation undertaking must indicate the terms and conditions for surrender.

For contracts linked to the cessation of professional activity, the insurance or capitalisation undertaking provides, in this annual communication, an estimate of the probable amount of the life annuity which would be paid to the policyholder from his personal entitlements. This estimate is also accompanied by valuations made in a less favourable scenario, taking into account the specific characteristics of the pension commitments. Where applicable, it specifies the conditions under which policyholders may request the transfer of their policy to another insurance company, mutual insurance company or provident institution. An order specifies the conditions of application of this paragraph.

For contracts with a term, the insurance or capitalisation company sends the policyholder a specific information statement one month before the term date. In addition to the information mentioned in the previous paragraphs, this statement contains a reminder in very clear characters of the date of expiry of the contract, and, where applicable, of its tacit extension, and of the fact that the revaluation ceases from this date, unless otherwise stipulated in the contract.

The specific statement referred to in the sixteenth paragraph is sent again by the insurance or capitalisation company to the policyholder one year after the end of the contract if the policyholder has not contacted the company since the end of the contract.

The contract refers to the obligation to provide information set out in the previous paragraphs.

The insurance or capitalisation undertaking shall also inform the policyholder of the expiry date of the contract.

Each year, the insurance undertaking publishes on its website the average guaranteed yield and the average rate of profit sharing allocated to each of its life insurance or capitalisation contracts. This information is published within 90 working days of 31 December of the year in which the revaluations are made. This publication remains available for a minimum of five years. The communication medium mentioned in the first paragraph of this article shall explicitly indicate the access path to this publication on the website.

The provisions of this article do not apply to group life assurance contracts opened in the form of a retirement savings plan mentioned in article L. 224-1 of the Monetary and Financial Code or a French sub-account of the pan-European individual retirement savings product mentioned in article L. 225-1 of the same code.

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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