Subsection 1: General provisions

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Article L356-5

French Insurance CodeIn force

Updated 8 Nov 2023

The Autorité de contrôle prudentiel et de résolution may decide to enter into an agreement with the supervisory authorities of other Member States in which there is a ultimate parent undertaking at national level which is a related undertaking or a participating undertaking in a ultimate parent undertaking in France, with a view to exercising group supervision at the level of a sub-group covering several Member States.

The agreement referred to in the previous paragraph must specify which undertaking is the parent undertaking at the level of the sub-group covering several Member States. Where this undertaking has its registered office in France, the Autorité de contrôle prudentiel et de résolution shall apply the provisions of Article L. 356-4 to it.

The Autorité de contrôle prudentiel et de résolution and the other supervisory authorities which decide to enter into the agreement referred to in the first paragraph shall notify this agreement to the group supervisor and to the ultimate parent undertaking at EU level.

Where the Autorité de contrôle prudentiel et de résolution has entered into the agreement referred to in the first paragraph and where the parent undertaking at sub-group level does not have its registered office in France, no group supervision may in addition be carried out at the level of the ultimate parent undertaking in France pursuant to Article L. 356-4.

When, in its capacity as group supervisor, the Autorité de contrôle prudentiel et de résolution is notified by the supervisory authorities of other Member States of the agreement they have entered into with a view to exercising group supervision at the level of a sub-group covering several Member States, the Autorité shall inform the college of supervisors.

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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