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

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Article R351-8

French Insurance CodeIn force

Updated 7 Nov 2023

The Autorité de contrôle prudentiel et de résolution shall provide the European Insurance and Occupational Pensions Authority with the following information on an annual basis until 1 January 2021:

a) The availability of long-term guarantees for insurance products on the French market and the practices of insurance and reinsurance undertakings as long-term investors;

b) The number of insurance and reinsurance undertakings that apply the equalisation adjustment, the volatility adjustment, the extension of the recovery period in accordance with Article L. 352-7, the duration-based equity risk sub-module and the transitional measures set out in Articles L. 351-4 and L. 351-5; c) The anonymised effects of the equalisation adjustment, the volatility adjustment, the extension of the recovery period in accordance with Article L. 352-7, the duration-based equity risk sub-module and the transitional measures set out in Articles L. 351-4 and L. 351-5. 352-7, the duration-based equity risk sub-module and the transitional measures set out in Articles L. 351-4 and L. 351-5 ;

c) By anonymising them, the effects at national level on the financial position of insurance and reinsurance undertakings of the equalisation adjustment, the volatility correction, the symmetric adjustment mechanism of the equity capital requirement, the duration-based equity risk sub-module and the transitional measures mentioned in Articles L. 351-4 and L. 351-5;

d) The effect on the investment practices of insurance and reinsurance undertakings of the equalisation adjustment, the volatility adjustment, the symmetric adjustment mechanism of the equity capital requirement and the duration-based equity risk sub-module, and whether or not they provide these undertakings with undue capital relief;

e) The effect of any extension of the recovery period in accordance with Article L. 352-7 on the efforts made by insurance and reinsurance undertakings to restore the level of eligible own funds covering the Solvency Capital Requirement or to reduce the risk profile in order to ensure compliance with the Solvency Capital Requirement;

f) Where insurance and reinsurance undertakings apply the transitional measures referred to in Articles L. 351-4 and L. 351-5, compliance by those undertakings with the phasing-in plans referred to in Article L. 352-9 and the prospects for a reduction in reliance on those transitional measures, including measures which have been taken or are expected to be taken by the undertakings and the Autorité de contrôle prudentiel et de résolution.

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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