Section 1: Solvency requirements

Articles in this section · 3

Article A385-2

French Insurance CodeIn force

Updated 7 Nov 2023

The projection according to the scenario mentioned in a of I of article R. 385-4 is carried out over the ten financial years following the end of the previous financial year and according to the following assumptions:

1° The projected premiums correspond to the average premiums collected over the last three financial years. However, if the supplementary occupational pension fund justifies the coherence of this choice, it may project the premiums corresponding to periodic and programmed payments as well as to prudently estimated free payments which it cannot refuse;

2° The projected management fees are estimated in a manner consistent with the fee assumptions used to calculate the management provision referred to in 4° of Article R. 343-3 ;

3° The allocation of assets, valued in accordance with articles R. 343-9 and R. 343-10, is unchanged for the entire projected period;

4° The amortisable securities, valued in accordance with article R. 343-9, are, subject to the application of 3°, held until maturity and reinvested in bonds with maturities consistent with the duration of the commitments, but not exceeding 15 years. The level of annual coupons on these bonds is equal to the annual average, over the financial year preceding the test, of the level of the TECn index published by the Banque de France, where n corresponds to the maturity of the new bond. Where the maturity of the new bond does not correspond to an available TECn index, a linear interpolation is performed between the two available TECn indices that correspond as closely as possible to the chosen maturity;

5° Non-amortisable securities, valued for accounting purposes in accordance with Article R. 343-10, generate an annual yield equal to the annual average, over the financial year preceding the test, of the average rate on French government bonds, plus a risk premium of 250 basis points;

6° The projected mortality rate is consistent with the assumptions used to calculate the mathematical provisions, valued in accordance with Article R. 343-4;

7° The results of the supplementary occupational pension fund are taxed under the conditions in force on the closing date of the financial year preceding the test, and any tax credits are only recognised if taxable profits allow them to be offset in subsequent financial years up to the projection horizon;

8° Participation in profits is valued in accordance with the conditions in force on the closing date of the financial year preceding the test;

9° The valuation of the technical provisions required to estimate the solvency margin and the minimum required solvency margin for each financial year is based on the following assumptions:

a) For all projected financial years, the amount of the provision for financial contingencies referred to in 5° of Article R. 343-3 is zero;

b) For mathematical provisions relating to commitments giving rise to the constitution of a diversification provision, the TECn indices used are those mentioned in article A. 132-18 and published by the Banque de France on the date of the closing of the accounts for the financial year preceding the test;

c) For guarantees expressed in units of annuity corresponding to operations governed by Chapter I of Title IV of Book IV of this Code, Chapter II of Title II of Book II of the Mutual Code and Section 4 of Chapter 2 of Title 3 of Book 9 of the Social Security Code, the risk-free rate curve referred to in Article A. 441-4 corresponds to the curve with correction for volatility published by the European Insurance and Occupational Pensions Authority in force on the same date;

d) For other commitments that are not provisioned at the historical rate, the average government bond rate referred to in Article A. 132-1 is that observed on the same date;

10° Margin components corresponding to subordinated loans mentioned in 1 of II of Article R. 385-1 are assumed to remain unchanged for the entire projected period. If, for one of the loans concerned, the redemption date or first early redemption date is covered by the projected period, the loan is assumed to be replaced by a loan of the same type and with the same characteristics.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
Common Questions

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

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More