Section 1: Administrative approval

Articles in this section · 3

Article L382-3

French Insurance CodeIn force

Updated 8 Nov 2023

I. - Where a supplementary occupational pension fund expressly renounces its authorisation by undertaking not to underwrite any new contracts, does not make use of its authorisation within one year of the date of publication in the Journal officiel of the authorisation decision or has ceased to carry on the activity corresponding to its authorisation for two consecutive financial years, it shall immediately inform the Autorité de contrôle prudentiel et de résolution. The Autorité shall immediately record that the authorisation has lapsed, and shall publish this fact in the Journal officiel.

In the event that the fund transfers its entire portfolio of contracts, the Autorité de contrôle prudentiel et de résolution shall immediately declare that its authorisation has lapsed, which shall be published in the Journal officiel.

II. - A supplementary occupational pension fund whose authorisation has lapsed remains subject to the supervision of the Autorité de contrôle prudentiel et de résolution until all the commitments arising from the contracts subscribed by the fund have been paid in full and definitively to the policyholders and third party beneficiaries or until its entire portfolio of contracts has been the subject of a transfer authorised under the conditions set out in Article L. 384-1.

Mariela Petrova

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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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