Chapter V: Special provisions relating to co-insurance of certain group operations with insurance undertakings governed by the Social Security Code and the Mutual Code

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Article L145-2

French Insurance CodeIn force

Updated 8 Nov 2023

I.-To cover operations covered by this chapter, one or more insurance undertakings referred to in Article L. 310-2 of this Code may enter into a co-insurance contract with mutual insurers and associations referred to inArticle L. 211-1 of the Mutual Code and with provident institutions or associations governed by Title III of Book IX of the Social Security Code. Under this contract, all insured persons are covered for the same period and by the same collective contract by at least two insurers, each of them in proportion to the share of the co-insurance contract that it agrees to cover.

II - The co-insurers appoint a lead insurer from among their number, whose duties they specify in the co-insurance contract. The "apériteur" acts as the sole contact for the policyholder in negotiating the terms and conditions of the contract and its renewal. It may collect all contributions or premiums and pay benefits.

The contract sets out the terms and conditions applicable in the event of a change to or termination of co-insurance, while guaranteeing the rights of policyholders.

When a collective contract with optional membership relating to the reimbursement or compensation of expenses incurred as a result of illness, maternity or accident is co-insured with at least one mutual insurance company or union mentioned in Article L. 211-1 of the Mutual Code, the amount of contributions may only be adjusted according to the income, the social security system of affiliation, the place of residence, the number of beneficiaries or the age of the participating members. In this case, the co-insurers may under no circumstances collect medical information from those insured under the contract or those wishing to benefit from cover, nor may they set premiums on the basis of health status. Furthermore, they may only introduce differences in the level of benefits on the basis of the contributions paid or the marital status of the persons concerned, or when the insured person chooses to use a health professional, a health establishment or a health service with which the contracting organisations or their federations have concluded an agreement under the conditions set out inarticle L. 863-8 of the Social Security Code.

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

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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