Section 3: Regulatory capital requirement for groups.

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Article R356-20-1

French Insurance CodeIn force

Updated 7 Nov 2023

I.-Where the Autorité de contrôle prudentiel et de résolution is informed by the group supervisor, in the case of a supervisory authority of another Member State, of a request for authorisation to calculate, on the basis of an internal model, the consolidated group Solvency Capital Requirement and the Solvency Capital Requirement of insurance and reinsurance undertakings with their head office in France, it shall cooperate with the group supervisor and the other supervisory authorities concerned to decide whether or not to grant such authorisation and, where appropriate, to define the conditions thereof. It shall endeavour to reach a joint decision with the group supervisor and the other supervisory authorities concerned within six months of receipt of the complete application.

When the Autorité de contrôle prudentiel et de résolution and the other supervisory authorities concerned have reached such a joint decision, the Autorité shall notify the insurance and reinsurance undertakings concerned which have their head office in France of the reasoned decision.

II.During the six-month period referred to in the first paragraph of this Article, the Autorité de contrôle prudentiel et de résolution may refer the matter to the European Insurance and Occupational Pensions Authority pursuant to Article 19 of Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010, The final decision taken by the European Insurance and Occupational Pensions Authority or by the group supervisor in the event of rejection by the Board of Supervisors of the decision proposed by the group of experts of the European Insurance and Occupational Pensions Authority pursuant to the third subparagraph of Article 44(1) of Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 shall be binding on the Autorité de contrôle prudentiel et de résolution, which shall notify it to the undertaking referred to in the first paragraph of Article R. 356-8 and the insurance and reinsurance undertakings concerned which have their registered office in France, and shall apply it.

III - In the absence of a joint decision by the supervisory authorities, the decision taken by the group supervisor is binding on the Autorité de contrôle prudentiel et de résolution, which notifies it to the undertaking referred to in Article R. 356-8 and to the insurance and reinsurance undertakings concerned which have their head office in France, and applies it.

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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