Title V: Prudential rules applicable to undertakings covered by the Solvency II regime

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L350-1L350-2

Article L350-2

French Insurance CodeIn force
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Updated 8 Nov 2023

In this Title :

1° "Captive insurance undertaking" means an undertaking referred to in Article L. 310-1 which is owned either by a financial undertaking, other than an undertaking referred to in Article L. 310-1 or in 1° of III of Article L. 310-1-1 or a participating undertaking within the meaning of 3° of Article L. 356-1, or by a non-financial undertaking, and the purpose of which is to provide insurance cover exclusively for the risks of the undertaking or undertakings to which it belongs, or the risks of one or more other undertakings in the group to which it belongs ;

2° "Third-country insurance undertaking" means an undertaking which has its registered office outside the European Union and which, if its registered office were located in France, would be required to obtain authorisation as an undertaking referred to in Article L. 310-1, in accordance with Article L. 321-1 ;

3° "Captive reinsurance undertaking" means an undertaking referred to in 1° of III of Article L. 310-1-1 which is owned either by a financial undertaking other than an undertaking referred to in Article L. 310-1 or in 1° of III of Article L. 310-1-1 or a participating undertaking within the meaning of 3° of Article L. 356-1 or by a non-financial undertaking, the purpose of which is to provide reinsurance cover exclusively for the risks of the undertaking or undertakings to which it belongs, or the risks of one or more other undertakings in the group to which it belongs ;

4° "Third-country reinsurance undertaking" means an undertaking which has its head office outside the European Union and which, if its head office were located in France, would be required to obtain authorisation as an undertaking referred to in 1° of III of Article L. 310-1-1, in accordance with Article L. 321-1-1.

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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