Section 1: Administrative approval

Articles in this section · 3

L382-1L382-2L382-3

Article L382-2

French Insurance CodeIn force
Ask for lawyer reviewed or certified translation

Updated 8 Nov 2023

In order to grant the administrative authorisation provided for in Article L. 382-1, the Autorité de contrôle prudentiel et de résolution shall verify that :

1° The technical and financial resources that the fund proposes to implement are sufficient and appropriate with regard to its programme of operations;

2° The persons responsible for managing or administering the fund are of good repute and have the skills and experience required for their duties, assessed in accordance with the conditions set out in Article L. 322-2 ;

3° The distribution of its capital and the quality of the shareholders or, for funds constituted in the form of mutual insurance companies referred to in Article L. 322-26-1, the mutual insurance companies or supplementary professional retirement unions referred to in Article L. 214-1 of the Mutual Insurance Code and the supplementary professional retirement institutions referred to in Article L. 942-1 of the Social Security Code, the procedures for constituting the establishment fund, guarantee sound and prudent management;

4° The system of governance complies with Section 4 of Chapter V of this Title.

The granting of authorisation may be subject to compliance with commitments entered into by the applicant fund.

The Autorité de contrôle prudentiel et de résolution shall refuse authorisation if the proper performance of its supervisory duties in respect of the fund is likely to be hindered by the existence of close links between the applicant fund and other natural or legal persons. It will also refuse authorisation where the existence of laws, regulations or administrative provisions of a State which is not a party to the Agreement on the European Economic Area and to which one or more of these persons belong, or difficulties relating to the application of these provisions, hinder the proper performance of its supervisory duties.

The list of documents to be produced in support of an application for authorisation submitted in accordance with Article L. 382-1 is defined by the Autorité de contrôle prudentiel et de résolution.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
Previous articleArticle L382-1Next articleArticle L382-3
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

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

Talk To A Corporate Lawyer+33 1 84 88 31 00
First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More