Section III: Organisation, operation and control of the guarantee fund.

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Article R421-25-1

French Insurance CodeIn force

Updated 7 Nov 2023

The guarantee fund is administered by a twelve-member Board of Directors. It comprises :

1° Seven representatives of insurance companies providing property and casualty insurance in the French Republic and covering risks which are subject to compulsory insurance by virtue of a legislative or regulatory provision;

2° Two members appointed by order of the Minister for the Economy, on the proposal of the Fédération française des clubs automobiles and the Fédération nationale des transporteurs routiers respectively;

3° One representative of policyholders and beneficiaries appointed by order of the Minister for the Economy after consultation with the National Consumer Council;

4° A qualified individual appointed by order of the Minister for the Economy on the basis of his or her financial expertise;

5° A representative of road safety organisations appointed by order of the Minister for the Economy.

The Board elects its Chairman from among its members.

The Board appoints the Fund's Managing Director.

The term of office of the chairman, directors and managing director is set by the articles of association governing the fund and may not exceed five years.

When convened for the first time, the Board's deliberations are valid only if at least seven of its members are present; when convened for the second time, no quorum is required.

The articles of association of the guarantee fund are approved by a decree issued on the report of the Minister for the Economy.

A set of internal regulations, submitted to the Minister for the Economy for approval prior to application, sets out the relationship between the guarantee fund and the companies, in particular the procedures for the participation of companies in the fund's bodies and for recourse on behalf of the fund.

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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