Subsection 3: Internal model

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Article R352-20

French Insurance CodeIn force

Updated 7 Nov 2023

Insurance and reinsurance undertakings may, for internal modelling purposes, refer to a time horizon or use a risk measure other than those provided for in Article R. 352-2, provided that the results produced by their internal model enable them to calculate the Solvency Capital Requirement guaranteeing policyholders, policyholders and beneficiaries of contracts a level of protection equivalent to that provided for in Article R. 352-2.

Where possible, undertakings shall determine their Solvency Capital Requirement directly from the probability distribution forecast generated by their internal model, on the basis of the value-at-risk measure provided for in Article R. 352-2.

Where undertakings are unable to determine their Solvency Capital Requirement directly from the probability distribution forecast generated by their internal model, the Autorité de contrôle prudentiel et de résolution may authorise the use of approximations in the process of calculating the Solvency Capital Requirement, provided that these undertakings are able to demonstrate to the Autorité de contrôle prudentiel et de résolution that policyholders and beneficiaries benefit from a level of protection equivalent to that provided for in Article R. 352-2.

The Autorité de contrôle prudentiel et de résolution may require insurance and reinsurance undertakings to apply their internal model to relevant reference portfolios, using assumptions based on external rather than internal data, in order to check the calibration of the internal model and verify that its specifications correspond to generally accepted market practices.

Detailed rules for the application of this Article are set out in Article 238 of Commission Delegated Regulation (EU) 2015/35 of 10 October 2014.

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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