Subsection 2: Technical provisions for life assurance, marriage and natality insurance and capitalisation operations

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Article R343-3

French Insurance CodeIn force

Updated 7 Nov 2023

The technical provisions corresponding to life insurance, marriage and natality insurance and capitalisation operations are as follows:

1° Mathematical provision: difference between the present values of the commitments made by the insurer and those made by the policyholders. For contracts using a survival or mortality table, the amounts of the mathematical provisions must include an estimate of the future management expenses which will be borne by the insurer during the period of cover beyond the period of payment of the premiums or the date of withdrawal of the accumulation capital; the estimate of these expenses is equal to the amount of the management charges provided for in the premium or accumulation capital tariff conditions and intended to cover the management expenses;

2° Provision for profit-sharing: amount of profit-sharing allocated to beneficiaries of contracts where these profits are not payable immediately after the winding-up of the financial year in which they were generated;

3° Capitalisation reserve: reserve intended to cover the depreciation of assets included in the company's assets and the reduction in their income;

4° Management provision: provision intended to cover future policy management expenses not covered elsewhere;

5° Provision for financial contingencies: provision intended to compensate for a fall in the yield on assets;

6° Provision for liquidity risk: provision intended to meet commitments in the event of a decline in the value of all the assets mentioned in article R. 343-10. The provision to be established is valued under the conditions defined in article R. 343-5 ;

7° Provision for deferred acquisition costs: provision intended to cover expenses resulting from the deferral of acquisition costs;

8° Provision for equalisation: provision designed to cope with fluctuations in claims experience relating to group life insurance operations;

9° Diversification provision: for commitments covered by article L. 134-1, a provision designed to absorb fluctuations in the assets allocated to these commitments and in which policyholders or members hold individualised rights in the form of units.

10° Collective deferred diversification provision: for commitments covered by article L. 134-1, provision intended to smooth the surrender value of contracts.

11° Provision for forward guarantees: for commitments covered by 2° of article L. 134-1, provision intended to cover a shortfall in assets in respect of contracted forward guarantees.

A commitment may be provisioned for only one of the categories mentioned in this article.

Subject to the provisions of this code relating to the valuation of the provisions mentioned in paragraphs 1°, 2°, 6°, 9°, 10° and 11°, the calculation methods for which are specified by order of the Minister for the Economy, the provisions are valued in accordance with the accounting requirements of the Autorité des normes comptables.

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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