Chapter III: Obligations of the insurer and the insured.

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Article L113-12-2

French Insurance CodeIn force

Updated 8 Nov 2023

Notwithstanding article L. 113-12, where the purpose of the insurance contract is to guarantee, in the event of the occurrence of one of the risks defined in the contract, either the total or partial repayment of the amount outstanding under a credit agreement referred to in 1° of article L. 313-1 of the Consumer Code, or the payment of all or part of the instalments on the said loan, the insured party may cancel the contract at any time from the date of signature of the loan offer defined in article L. 313-24 of the Consumer Code. The policyholder shall notify the insurer or its representative of his request for cancellation in accordance with the conditions set out in article L. 113-14 of this code. If the insured party makes use of the right of cancellation referred to in this paragraph, he/she shall notify the insurer by registered letter or electronic registered mail of the lender's decision as provided for in the second paragraph of article L. 313-31 of the Consumer Code, as well as the effective date of the insurance contract accepted in substitution by the lender. In the event of acceptance by the lender, cancellation of the insurance contract takes effect ten days after receipt by the insurer of the lender's decision or on the effective date of the contract accepted in substitution by the lender, whichever is later. If the lender refuses, the insurance contract is not cancelled.

This right of cancellation belongs exclusively to the insured.

Throughout the term of the insurance contract, and notwithstanding article L. 113-4, the insurer may not cancel the insurance contract on the grounds of an increase in risk, except under certain conditions defined by decree by the Conseil d'Etat, resulting from a change in the insured's voluntary behaviour.

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

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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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