Chapter V: Insurance against natural disasters.

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Article Annexe II art. A125-1

French Insurance CodeIn force

Updated 7 Nov 2023

Standard clauses applicable to insurance contracts referred to in article L. 125-1 (second paragraph) of the Insurance Code

a) Purpose of the cover:
The purpose of this insurance is to guarantee the insured the payment of an indemnity corresponding to the loss of gross profit and the additional operating costs resulting, during the indemnity period provided for by the contract, from the interruption or reduction in the activity of its business, the determining cause of which is the abnormal intensity of a natural agent affecting the property of this business, when the usual measures to be taken to prevent this damage could not prevent it from occurring or could not be taken.
b) Implementation of cover:
Cover can only be implemented after publication in the Journal officiel de la République française of an interministerial order declaring a state of natural disaster.
c) Extent of cover:
Cover includes, without the possibility of any special deduction from the amount of the elements of the risk used to determine the premium or contribution, the financial consequences of the interruption or reduction in the company's activity, within the limits and under the conditions set by the contract for the main risk, as they existed at the time of the first occurrence of the risk.
d) Excess:
The insured shall retain responsibility for a portion of the compensation due after the loss corresponding to an interruption or reduction in the business's activity for three working days, with a minimum of 1,140 euros.
However, any excess provided for in the policy will be applied if it is higher than these amounts.
The insured may not take out insurance for the portion of the risk represented by the excess.
In a commune that does not have a plan for the prevention of foreseeable natural risks for the risk that is the subject of a decree declaring a state of natural disaster, the excess is adjusted according to the number of declarations of a state of natural disaster that have been made for the same risk over the five years preceding the date of the new declaration, in accordance with the following procedures:
first and second declaration: application of the excess;
-third declaration: doubling of the applicable excess;
-fourth declaration: tripling of the applicable excess;
-fifth and subsequent declarations: quadrupling of the applicable excess.

The provisions of the previous paragraph cease to apply from the time a plan for the prevention of foreseeable natural risks is prescribed for the risk which is the subject of the declaration of a state of natural disaster in the municipality concerned. They resume their effects in the absence of approval of the aforementioned plan within four years of the date of the decree prescribing the natural risk prevention plan.
e) Obligation of the insured:
The insured must declare to the insurer or its local representative any loss likely to trigger cover as soon as it is known and at the latest within thirty days of publication of the interministerial decree declaring a state of natural disaster.
When several insurance policies taken out by the insured may enable the same cover to be invoked, the insured must, in the event of a claim and within the period mentioned in the previous paragraph, declare the existence of these insurance policies to the insurers concerned. Within the same time limit, he must declare the claim to the insurer of his choice.
f) Obligation of the insurer:
The insurer must pay the compensation due under the guarantee within three months of the date of submission by the insured of the estimate of the losses suffered or the date of publication of the interministerial order declaring the state of natural disaster when this is later. Failing this, and except in the case of fortuitous events or force majeure, the compensation due by the insurer shall bear interest at the legal rate from the expiry of this period.

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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