Book III: Companies.

Articles in this section · 2

L300-1L300-2

Article L300-2

French Insurance CodeIn force
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Updated 8 Nov 2023

I.-The following are applicable in the territories of Saint-Barthélemy and Saint-Pierre-et-Miquelon:

1° The delegated acts provided for in Articles 17, 31, 35, 37, 50, 56, 75, 86, 92, 97, 99, 109a, 111, 114, 127, 130, 135, 143, 172, 210, 211, 216, 217, 227, 234, 241, 244, 245, 247, 248, 256, 258 and 260 of Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 (Solvency II);

2° The implementing measures provided for in Article 77e of the Directive referred to in 1°;

3° The technical regulatory standards provided for in Articles 50, 58, 75, 86, 97, 111, 135, 143, 244, 245, 248 and 249 of the Directive referred to in 1°, developed by the European Insurance and Occupational Pensions Authority and adopted by the European Commission in accordance with Articles 10 to 14 of Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010;

4° The technical regulatory standards provided for in Article 213 of the Directive referred to in 1°, drawn up respectively by the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority and adopted by the European Commission in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010, Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 and Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010;

5° The implementing technical standards provided for in Articles 31, 35, 37, 44, 56, 58, 86, 109a, 111, 114, 211, 231, 237, 244, 245, 249 and 256 of the Directive referred to in 1°, drawn up by the European Insurance and Occupational Pensions Authority and adopted by the European Commission in accordance with Article 15 of Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010.

II - For the application, in the territories of Saint-Barthélemy and Saint-Pierre-et-Miquelon, of the provisions of this Title and those set out in I, the provisions requiring a decision by the European Insurance and Occupational Pensions Authority or the transmission of data to this authority, as well as the provisions relating to relations between this authority and undertakings established in these territories, do not apply to these territories.

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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