Chapter IV: Categories of insurance and statements to be produced.

Articles in this section · 8

Annexe R344-7D344-5R344-1R344-6R344-7R344-8R344-9R344-10

Article R344-1

French Insurance CodeIn force
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Updated 7 Nov 2023

I. - The proportion referred to in Article L. 344-1 is a percentage of the value of all investments belonging to the company or the supplementary occupational pension fund and of other assets allocated to the representation of regulated commitments, valued in accordance with Article R. 343-11. For the companies mentioned in Article L. 310-3-1 and supplementary occupational pension funds, other assets include receivables from policyholders and reinsurers as well as deferred acquisition costs. This percentage is at least equal to the result obtained by dividing the sum of the following amounts by this value:

a) Assets corresponding to the transactions referred to in Article L. 134-2, Article L. 144-2, Article L. 143-1 and subject to sub-ledger accounting, and Article L. 441-1, valued in accordance with Article R. 343-11 ;

b) Investments allocated to represent unit-linked life insurance or capitalisation contracts defined in the second paragraph of Article L. 131-1 and valued in accordance with the requirements of the French Accounting Standards Authority (Autorité des normes comptables), as well as investments allocated to occupational pension contracts whose rights are expressed in units of account and which are not subject to ancillary allocation accounting pursuant to Article L. 381-2 ;

c) Assets referred to in the first paragraph of Articles L. 324-7 and L. 384-4, valued in accordance with Article R. 343-11;

d) The amount of technical provisions gross of reinsurance established in respect of operations carried out by the insurance undertaking for classes 20 to 26 of Article R. 321-1 or by the supplementary professional retirement fund, other than those mentioned in a and b, less the amount of the assets mentioned in c, valued in accordance with Articles R. 343-9 and R. 343-10;

e) A percentage, defined in II, of the difference between, on the one hand, the value evaluated in accordance with article R. 343-11 and, on the other hand, the value evaluated in accordance with articles R. 343-9 and R. 343-10, of all the investments belonging to the company or to the supplementary occupational retirement fund and of those of the other assets allocated to the representation of the regulated commitments, other than those mentioned in a, b and c. For undertakings mentioned in Article L. 310-3-1 and supplementary occupational pension funds, other assets include receivables from policyholders and reinsurers as well as deferred acquisition costs.

II. - The percentage mentioned in e of I is equal to 85% of the quotient A/ B, where :

A. - Average amount of technical provisions gross of reinsurance established in respect of all operations carried out by the undertaking other than those mentioned in a and b of I or relating to group death contracts or, for mixed undertakings, to operations falling under classes 1 or 2 of article R. 321-1, or, for supplementary occupational pension funds, to the additional guarantees mentioned in the first paragraph of Article L. 143-2, and reduced by the average amount of the assets mentioned in c of I, valued in accordance with Articles R. 343-9 and R. 343-10;

B. - Average amount of all investments belonging to the company or to the supplementary occupational retirement fund and of those of other assets allocated to the representation of regulated commitments, other than those mentioned in a, b and c of I, valued in accordance with articles R. 343-9 and R. 343-10. For undertakings mentioned in Article L. 310-3-1 and supplementary occupational pension funds, other assets include receivables from policyholders and reinsurers as well as deferred acquisition costs.

The average amount mentioned in the previous paragraph is obtained by dividing by two the sum of the amounts recorded in the accounts at the beginning and end of the financial year.

III. - The investments, assets and provisions mentioned in this article do not include those constituted by the company or the supplementary professional retirement fund in the context of operations carried out by its establishments located abroad.

IV. - In the event of a portfolio transfer, the value of the assets transferred may not exceed that resulting from their valuation in accordance with Article R. 343-11.

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.

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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.

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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

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15+ Years In Corporate Practice

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