Chapter V: Special provisions relating to co-insurance of certain group operations with insurance undertakings governed by the Social Security Code and the Mutual Code

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Article L145-6

French Insurance CodeIn force

Updated 8 Nov 2023

Notwithstanding Article L. 113-3, where, for the implementation of operations relating to this chapter, the policyholder ensures the deduction of the premium from the members, in the event of non-payment of a premium within ten days of its due date, cover may not be suspended until thirty days after formal notice has been given to the policyholder.

In the letter of formal notice sent to the policyholder, the insurance company informs the policyholder of the consequences that non-payment may have on the continuation of cover.

The insurance company has the right to cancel the group contract ten days after the thirty-day period mentioned in the first paragraph of this article.

The group contract which has not been terminated will resume at noon on the day following that on which the insurance company has received payment of the contributions in arrears and those which fell due during the period of suspension, as well as any costs of prosecution and recovery.

Without prejudice to the provisions of Article L. 141-3, where, in the context of a collective operation with optional membership relating to this chapter, the policyholder does not ensure the deduction of the premium from the members, the procedure provided for in the first four paragraphs of this Article is applicable to the policyholder who does not pay his share of the premium. In this case, the insurance undertaking shall inform each member of the implementation of this procedure and its consequences as soon as the letter of formal notice referred to in the second paragraph has been sent and shall, where appropriate, reimburse the member the fraction of the premium relating to the time during which the insurance undertaking no longer covers the risk.

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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