Chapter III: Investments

Articles in this section · 5

R353-1R353-2R353-3R353-4R353-5

Article R353-1

French Insurance CodeIn force
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Updated 7 Nov 2023

I.- For the entire portfolio of assets, insurance and reinsurance undertakings shall invest only in assets and instruments presenting risks which they can identify, measure, monitor, manage, control and report in an appropriate manner and which are taken into account in an appropriate manner in the assessment of their overall solvency requirements in accordance with Article R. 354-3.

All assets are invested in such a way as to guarantee the security, quality, liquidity and profitability of the portfolio as a whole. In addition, the location of these assets must guarantee their availability.

Assets held to cover the prudential technical provisions referred to in article L. 351-2 are also invested in a manner appropriate to the nature and duration of their insurance and reinsurance commitments. These assets are invested in the best interests of all policyholders, subscribers and beneficiaries of the contracts, taking into account any objectives relating to its investment policy published by the undertaking.

In the event of a conflict of interest, insurance undertakings or the entities which manage their portfolio of assets shall ensure that the investment is made in the best interests of policyholders and beneficiaries.

II - Where the benefits provided under a life insurance contract or variable capital accumulation contract include a financial performance guarantee or any other guaranteed benefit, the assets held to cover the corresponding additional prudential technical provisions referred to in Article L. 351-2 are subject to the provisions of III.

III - Without prejudice to the provisions of I, for assets other than those covered by II, the second to fifth paragraphs of this III are applicable.

Derivatives may be used insofar as they help to reduce risk or promote efficient portfolio management.

Investments and assets which are not admitted to trading on a regulated financial market are maintained at prudent levels.

Assets are appropriately diversified so as to avoid excessive dependence on any one asset, issuer or group of companies or on any one geographical area and to avoid excessive accumulation of risk in the portfolio as a whole.

Investments in assets issued by the same issuer or by issuers belonging to the same group shall not expose insurance undertakings to an excessive concentration of risk.

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.

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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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