Section II: Provisions relating to the preparation of preventive resolution plans

Articles in this section · 2

A311-4A311-5

Article A311-4

French Insurance CodeIn force
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Updated 7 Nov 2023

The preventive resolution plans referred to in article L. 311-8 shall include, quantifying them wherever necessary and possible, the following elements:

1° A description of the legal and organisational structure of the person concerned and, where applicable, its subsidiaries, branches and the group to which it belongs;

2° An analysis of the consequences of a total or partial failure of the person or group concerned, based in particular on the consequences for reinsurers or any other player in the financial sector;

3° A map of the critical functions of the person or group concerned, specifying the balance sheet items associated with these functions, analysing the separability of these functions from the other activities of the person or group and specifying which internal or external entities these functions depend on financially, legally or in terms of human resources or IT systems to ensure the continuity of their activity;

4° A detailed description of the technical and non-technical liabilities of the person concerned and its subsidiaries;

5° A description of the collateral securing the assets of the person concerned and its subsidiaries and their off-balance sheet exposures, as well as significant reinsurance or hedging transactions, particularly where these items relate to critical functions;

6° Identification of the main counterparties of the relevant entity or the group to which it belongs and an analysis of the financial consequences for the relevant entity or the group to which it belongs of the failure of these counterparties;

7° A detailed description of the different resolution strategies that could be applied in the different possible scenarios and the timeframes required;

8°. A description of the arrangements for ensuring the continuity of operations that will be maintained in application of the resolution strategies;

9° A description of the arrangements for the circulation of information between the person concerned and the resolution authority, specifying the communication strategy implemented within the person concerned and vis-à-vis the public;

10° An analysis of the impact of the plan on the staff of the relevant entity, including costs, and a description of the procedures envisaged for consulting staff during the resolution process;

11° An analysis of the resolvability of the relevant entity as referred to in Article L. 311-11 and, where applicable, the measures to be taken to remove the obstacles to resolvability;

12° Where applicable, any opinion expressed by the person concerned or by the group with regard to the preventive resolution plan.

Mariela Petrova

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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.

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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.

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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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