Subsection 1: General provisions

Articles in this section · 2

Article D132-7

French Insurance CodeIn force

Updated 7 Nov 2023

I.-The transfer of individual rights in the course of accrual is automatic, subject to the provisions of this section.

II-The contract includes a clause allowing the transfer of individual rights during the period of accumulation. This clause is reproduced in the notice referred to in Article L. 141-4. In particular, it specifies how the technical and financial results relating to the period elapsed from the last date on which these results were distributed to the date on which the transfer value was determined are to be allocated; for contracts which include such results, the results thus allocated may not be less than the interest guaranteed by the said contract, calculated pro rata temporis.

III -The transfer value of the individual rights being built up by a member of the original contract is notified to the member requesting the transfer and to the insurance company of the host contract within three months of receipt of the said request. This notification is accompanied by an indication of the deadlines and conditions under which the member may waive the transfer. When the notification is made in terms of a number of units of account or shares in the fund referred to in article L. 134-1, the member is informed of the latest value of each of these units of account or shares and is informed that this value is likely to rise or fall until the value date chosen for the transfer of the sums.

The member has fifteen days from the date of notification of the transfer value to cancel the transfer.

As from the expiry of the period referred to in the previous paragraph, the insurance company of the original contract will, within a period of fifteen days, make a direct payment to the insurance company of the host contract of a sum equal to the transfer value, net, where applicable, only of the transfer indemnities referred to in article R. 132-5-3. This fifteen-day period does not begin until the insurance undertaking of the host contract has notified the insurance undertaking of the original contract of its acceptance of the transfer.

IV - On expiry of the period referred to in the last paragraph of III, any sums not paid automatically accrue interest at half the legal rate for two months, then at double the legal rate on 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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