Chapter II: Conclusion and proof of the insurance contract - Form and transmission of policies.

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Article L112-3

French Insurance CodeIn force

Updated 8 Nov 2023

The insurance contract and the information sent by the insurer to the policyholder referred to in this code shall be drawn up in writing, in French, and in clear characters.

By way of derogation from the provisions of the previous paragraph concerning the use of the French language, when, by virtue of articles

L. 181-1

and

L. 183-1

, the parties to the contract have the option of applying a law other than French law, the documents mentioned in the first paragraph of this article may be drawn up in a language other than French. The choice of a language other than French is made by mutual agreement between the parties and, except where the contract covers the major risks defined in article

L. 111-6

, at the written request of the policyholder alone.

Where the parties to the contract are unable to apply a law other than French law, these documents may, however, by mutual agreement between the parties and at the written request of the policyholder alone, be drawn up in the language, or in one of the official languages, of the State of which the policyholder is a national.

Where, prior to the conclusion of the contract, the insurer has put questions in writing to the insured, in particular by means of a risk declaration form or by any other means, he may not rely on the fact that a question expressed in general terms has received only an imprecise answer.

Any addition or modification to the original insurance contract must be recorded in an endorsement signed by the parties. By way of derogation, the amendment proposed by the insurer to an individual or group supplementary health insurance contract in order to bring it into compliance with the rules laid down by the Conseil d'Etat decree referred to in article

L. 871-1

of the Social Security Code is deemed to have been accepted in the absence of opposition from the policyholder. The insurer informs the policyholder in writing of the new cover offered and the legal, social, tax and pricing consequences resulting from this choice in application of the same article. The policyholder has thirty days to refuse this proposal in writing. Accepted modifications will come into effect at the earliest one month after the expiry of the aforementioned thirty-day period and within a period compatible with the legal and contractual obligations of the policyholder to inform members or affiliates.

The present provisions do not prevent the insurer and the insured from being bound to each other by the submission of a cover note, even before the policy or rider is issued.

Mariela Petrova

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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

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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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