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

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Article R343-5

French Insurance CodeIn force

Updated 7 Nov 2023

The provision for liquidity risk is established when the investments referred to in Article R. 343-10, with the exception of depreciable securities which the insurance undertaking has the capacity and intention to hold to maturity, are in a situation of overall net unrealised loss. An overall net unrealised loss is recorded when the net book value of these investments is higher than the overall value of these same investments valued as follows:

a) For listed securities and the listed securities mentioned in a of article R. 343-11, the value used is the average price calculated over the last thirty days prior to the inventory date or, failing this, the last price quoted prior to this date;

b) For shares in open-ended investment companies and units in unit trusts mentioned in c) of article R. 343-11, the value used is the average of the published redemption prices over the last thirty days prior to the valuation date or, failing this, the last published redemption price prior to that date;

c) The value of other assets is valued in accordance with the rules set out in article R. 343-11.

The annual allocation to the provision for liquidity risk in respect of the financial year is equal to one third of the amount of the overall net unrealised loss recorded on the investments mentioned in the first paragraph, provided that this allocation does not result in the total amount of the provision entered in the balance sheet in respect of the financial year exceeding the amount of the overall net loss recorded on these investments.

For the purposes of the calculations referred to in the preceding paragraphs, the values referred to in a, b and c take into account unrealised gains and losses on transactions in forward financial instruments underlying the assets referred to in the first paragraph. Unrealised losses are taken into account to the extent that they exceed the value of the securities or cash pledged as collateral.

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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