Subsection 1: General provisions

Articles in this section · 6

R355-1R355-1-1R355-2R355-3R355-4R355-5

Article R355-4

French Insurance CodeIn force
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Updated 7 Nov 2023

Pursuant to the sixth paragraph of Article L. 355-1, and without prejudice to the provisions of Article L. 612-24 of the Monetary and Financial Code, the Autorité de contrôle prudentiel et de résolution may limit or exempt insurance or reinsurance undertakings from the regular provision of line-by-line information, where :

a) The provision of such information would represent a disproportionate burden having regard to the nature, scale and complexity of the risks inherent in the undertaking's business ;

b) The provision of such information is not necessary for the effective control of the undertaking;

c) The exemption does not affect the stability of the financial systems concerned in the Union;

d) The undertaking is able to provide information on an ad hoc basis; and

e) For undertakings subject to group supervision pursuant to Article L. 356-2, the provision of such information would be inappropriate in view of the nature, scale and complexity of the risks inherent in the group's business and in view of the objective of financial stability at EU level. In such cases, where the Autorité de contrôle prudentiel et de résolution is not the group supervisor, it shall consult the group supervisor and take due account of any opinion and reservations expressed by the group supervisor.

For the application of the provisions of this article, the entities benefiting from an exemption from disclosure may not represent more than 20% of the gross non-life insurance premiums written by all the undertakings referred to in Article L. 310-1 or in 1° of III of Article L. 310-1-1, mutual insurers and unions governed by Book II of the Mutual Code and provident institutions and their unions governed by Title 3 of Book 9 of the Social Security Code and 20% of the gross life insurance technical provisions of the same bodies.

When determining the eligibility of the undertakings concerned for the limitations mentioned in this article, the Autorité de contrôle prudentiel et de résolution shall give priority to the smallest undertakings.

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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