Subsection 1: General provisions

Articles in this section · 11

L356-2L356-3L356-4L356-5L356-6L356-7L356-7-1L356-8L356-9L356-10L356-10-1

Article L356-9

French Insurance CodeIn force
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Updated 8 Nov 2023

Where undertakings subject to group supervision pursuant to Article L. 356-2 do not comply with the requirements laid down in Article L. 356-15, or where these requirements are complied with but solvency may nevertheless be jeopardised, or where intra-group transactions or risk concentrations threaten the financial position of these undertakings, the Autorité de contrôle prudentiel et de résolution shall take the necessary measures to remedy the situation as soon as possible, with regard to insurance and reinsurance undertakings and, where it is the group supervisor, with regard to insurance group companies or mutual group associations or social protection insurance group companies or mixed financial holding companies referred to inArticle L. 517-4 of the Monetary and Financial Code.

Where the Autorité de contrôle prudentiel et de résolution is the supervisor of a group whose parent undertaking has its head office in France, it shall inform the supervisory authorities of the insurance and reinsurance undertakings in the group of the measures it has taken pursuant to the first paragraph.

Where the Autorité de contrôle prudentiel et de résolution is the supervisor of a group the parent undertaking of which has its head office in another Member State, it shall inform the supervisory authorities of that Member State of the conclusions it draws from its analysis of the cases referred to in the first paragraph, so as to enable those authorities to take the necessary measures.

Where the Autorité de contrôle prudentiel et de résolution is informed by the group supervisor of the conclusions it draws from the analysis of the cases referred to in the first paragraph of this Article concerning a group the parent undertaking of which has its head office in France or concerning the insurance and reinsurance undertakings in the group which have their head office in France, the Autorité shall take the measures it considers necessary.

The Autorité de contrôle prudentiel et de résolution shall, where necessary, coordinate the measures it intends to take with those adopted by the other supervisory authorities concerned.

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

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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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