Subsection 2: Standard formula

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Article R352-5

French Insurance CodeIn force

Updated 7 Nov 2023

I.-The Basic Solvency Capital Requirement is composed of individual risk modules which are aggregated.

It comprises at least the following risk modules:

a) Non-life underwriting risk;

b) Life underwriting risk;

c) Health underwriting risk;

d) Market risk;

e) Counterparty risk.

The methods for aggregating the various risk modules, as well as the component of the Basic Solvency Capital relating to the risk on intangible assets, are specified in Article 87 of Commission Delegated Regulation (EU) No 2015/35 of 10 October 2014.

For the calculation of the modules mentioned in a, b and c, insurance and reinsurance transactions are allocated to the underwriting risk module that best reflects the technical nature of the underlying risks.

The scope of underwriting risks is defined in Article 113 of Commission Delegated Regulation (EU) No 2015/35 of 10 October 2014.

II-The correlation coefficients applied for the purposes of aggregating the risk modules referred to in I and the calibration of the capital requirements for each risk module result in an overall Solvency Capital Requirement that complies with the principles set out in Article R. 352-2.

III - Each of the risk modules mentioned in I is calibrated on the basis of a value-at-risk measure, with a confidence level of 99.5% over a one-year horizon.

Where appropriate, diversification effects are taken into account in the design of each risk module.

For all insurance and reinsurance undertakings, the same design and specifications are used for the risk modules, both for the Basic Solvency Capital Requirement and for any simplified calculation provided for in Article R. 352-10.

IV - For risks resulting from catastrophes, geographical specifications may, where appropriate, be used for the calculation of the "life underwriting risk", "non-life underwriting risk" and "health underwriting risk" modules.

V.-Subject to the agreement of the Autorité de contrôle prudentiel et de résolution, insurance and reinsurance undertakings may, when calculating the "life underwriting risk", "non-life underwriting risk" and "health underwriting risk" modules replace, in the design of the standard formula, a subset of the parameters specified in Article 218 of Commission Delegated Regulation (EU) No 2015/35 of 10 October 2014 by parameters which are specific to the undertaking concerned.

These parameters shall be calibrated on the basis of the internal data of the undertaking concerned or data directly relevant to the operations of that undertaking, on the basis of standardised methods.

Before giving its approval, the Autorité de contrôle prudentiel et de résolution shall verify the completeness, accuracy and appropriateness of the data used.

The detailed rules for the application of V are set out in Articles 218 to 220 of Commission Delegated Regulation (EU) 2015/35 of 10 October 2014.

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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