Section 1: General provisions relating to the control of groups

Articles in this section · 7

Article R356-4

French Insurance CodeIn force

Updated 7 Nov 2023

I.-Without prejudice to the provisions of Article L. 356-7, the Autorité de contrôle prudentiel et de résolution shall consult, within the college of supervisors, the supervisory authorities concerned on any decision of importance for the supervisory tasks of these authorities, relating to:

1° Changes to the shareholder structure, organisation or management of the insurance or reinsurance undertakings in a group, requiring the approval or authorisation of the supervisory authorities;

2° A decision relating to the extension of the recovery period referred to in Article L. 352-7 ;

3° The main sanctions and exceptional measures taken by the supervisory authorities, including the application of a capital add-on to the Solvency Capital Requirement in accordance with Article L. 352-3 and the application of any limitation on the use of an internal model for the calculation of the Solvency Capital Requirement in accordance with the provisions of Chapter II Section I.

In the cases of consultations provided for in 2° and 3°, the Autorité de contrôle prudentiel et de résolution, where it is not the group supervisor, shall always consult the group supervisor.

The Autorité shall also consult the other authorities concerned before taking any decision based on information received from other supervisory authorities.

II - Without prejudice to the provisions of Article L. 356-7, the Autorité de contrôle prudentiel et de résolution may decide not to consult the other supervisory authorities in urgent cases or where such consultation could compromise the effectiveness of its decisions. In such cases, it shall immediately inform the other authorities concerned.

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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