Subsection 1: General provisions

Articles in this section · 5

R355-7R355-8R355-9R355-10R355-11

Article R355-9

French Insurance CodeIn force
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Updated 7 Nov 2023

The Autorité de contrôle prudentiel et de résolution may authorise insurance or reinsurance undertakings not to publish information in their solvency and financial condition report referred to in Article L. 355-5 in the following two cases:

a) The publication of such information would give competitors of the undertaking concerned an unfair advantage ;

b) The undertaking is bound by secrecy or confidentiality obligations towards policyholders, subscribers or beneficiaries of contracts, reinsured undertakings or any other relationship with a counterparty. These obligations may not, however, have the sole purpose of exempting the undertaking from its obligation to publish the corresponding information in its report on solvency and financial situation.

The request for non-publication must be filed with the Autorité de contrôle prudentiel et de résolution at least five months before the end of the first financial year concerned by the solvency and financial condition report. In this case, the Autorité shall take a decision before the end of the financial year in question.

Exceptionally, an application may be filed after the date mentioned in the previous paragraph and at least two months before the date of publication of the report on the solvency and financial situation. To be admissible, this application must state the reasons why it could not be submitted before that date.

In any event, the submission of such an application may not be invoked by the company as a reason for not publishing the solvency and financial condition report within the time limit.

Where the non-publication of information is authorised by the Autorité de contrôle prudentiel et de résolution, the undertaking concerned shall indicate this in its report on its solvency and financial situation and explain the reasons therefor.

The provisions of this article do not apply to the information referred to in e of Article R. 355-7.

The conditions under which the authorisation referred to in the first paragraph ceases to be valid are defined in Article 299 of Commission Delegated Regulation (EU) No 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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