Subsection 1: General provisions on the valuation of prudential technical provisions

Articles in this section · 15

Article R351-6

French Insurance CodeIn force

Updated 7 Nov 2023

I.- Insurance and reinsurance undertakings may apply a volatility adjustment to the relevant risk-free interest rate curve to be used in calculating the best estimate referred to in Article R. 351-2.

For each currency concerned, the adjustment for volatility of the relevant risk-free interest rate curve is a function of the difference between the interest rate that it would be possible to withdraw from the assets included in a reference portfolio in that currency and the rates of the corresponding relevant risk-free interest rate curve in that currency.

The reference portfolio in a currency is representative of the assets which are denominated in that currency and in which insurance and reinsurance undertakings have invested to cover the best estimate of insurance and reinsurance liabilities denominated in that currency.

II - The amount of the adjustment for risk-free interest rate volatility corresponds to 65% of the adjusted risk "currency" spread.

The "currency" spread of the adjusted risk is equal to the difference between the spread mentioned in the second paragraph of I and the portion of this spread attributable to a realistic assessment of the expected losses on the assets and the unforeseen credit risk or any other risk weighing on these assets.

The volatility adjustment is applicable only to risk-free interest rates of the relevant curve which are not calculated by means of extrapolation pursuant to Article R. 351-3.

Where the insurance or reinsurance undertaking applies a volatility adjustment, the extrapolation of the relevant risk-free interest rate curve is based on the risk-free interest rates thus adjusted.

III - For each country concerned, the volatility adjustment of the risk-free interest rates in the currency of that country, referred to in II, is, before application of the 65% factor, increased by the difference between the "country" spread of the adjusted risk and twice the "currency" spread of the same adjusted risk, where this difference is positive and the "country" spread of the adjusted risk is greater than 85 basis points. The increase in the volatility adjustment applies to the calculation of the best estimate for insurance and reinsurance commitments for products sold on the market in that country. The "country" spread of the adjusted risk is calculated in the same way as the "currency" spread of the adjusted risk of that country, but on the basis of a reference portfolio which is representative of the portfolio of assets in which insurance and reinsurance undertakings have invested to cover the best estimate of insurance and reinsurance commitments for products sold on the insurance market of that country and denominated in the currency of that country.

The volatility adjustment does not apply to insurance liabilities if the relevant risk-free interest rate curve to be used to calculate the best estimate of these liabilities includes the equalisation adjustment provided for in Article R. 351-4.

Notwithstanding Article R. 352-2, the Solvency Capital Requirement does not cover the risk of loss of original own funds arising from a change in the volatility adjustment.

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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