Section 8: Provisions applicable to supplementary occupational pension funds belonging to an insurance group and a financial conglomerate

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Article L385-9

French Insurance CodeIn force

Updated 8 Nov 2023

Supplementary occupational pension funds belonging to a group within the meaning of Article L. 356-1 are subject to group supervision under the conditions laid down in Chapter VI of Title V of Book III, without prejudice to the sector-specific rules applicable to them.

Supplementary occupational pension funds belonging to a financial conglomerate within the meaning of Article L. 517-3 of the Monetary and Financial Code are subject to supplementary supervision under the conditions laid down in Chapters VII of Title I of Book V and III of Title III of Book VI of the same code, without prejudice to the sectoral rules mentioned in 2° of Article L. 517-2 of this code which are applicable to them.

For the application of the first paragraph, when the supplementary occupational pension fund is, within the meaning of Article L. 356-1 of this Code, the ultimate parent undertaking of the group to which it belongs, group control is applied under the conditions set out in the second paragraph of Article L. 356-2. For this purpose, the supplementary occupational pension fund is treated, for the purposes of Chapter VI of Title V of Book III, as a life insurance undertaking covered by the Solvency II regime within the meaning of Article L. 310-3-1.

Mariela Petrova

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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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