Section 3: Regulatory capital requirement for groups.

Articles in this section · 34

Article R356-22

French Insurance CodeIn force

Updated 7 Nov 2023

I.-The group solvency of the undertaking referred to in the first paragraph of Article R. 356-8 calculated using the deduction and aggregation method is equal to the difference between:

a) The group's eligible own funds on an aggregated basis, as defined in II of this Article;

b) And the sum of the value of the insurance or reinsurance undertakings linked in the undertaking referred to in the first paragraph of Article R. 356-8 and the group's Solvency Capital Requirement on an aggregated basis as defined in III of this Article. 356-8 and the Group Solvency Capital Requirement on an aggregated basis as defined in III of this article.

II.-The group's eligible own funds on an aggregated basis correspond to the sum of:

a) The own funds eligible to cover the Solvency Capital Requirement of the undertaking mentioned in the first paragraph of Article R. 356-8; and

b) This undertaking's proportional share of the own funds eligible to cover the Solvency Capital Requirement of related insurance or reinsurance undertakings.

III - The group Solvency Capital Requirement on an aggregated basis corresponds to the sum of:

a) The Solvency Capital Requirement of the undertaking referred to in the first paragraph of Article R. 356-8; and

b) The proportional share of the Solvency Capital Requirement of the related insurance or reinsurance undertakings.

IV.Where the holding in related insurance undertakings or related reinsurance undertakings corresponds, wholly or in part, to indirect ownership, the value in the undertaking referred to in the first paragraph of Article R. 356-8 of the related insurance or reinsurance undertakings includes the value of that indirect ownership, taking into account the relevant successive interests, and the items mentioned in b of II, and b of III, include the corresponding proportional shares, respectively, of the own funds eligible to cover the Solvency Capital Requirement of the related insurance or reinsurance undertakings and of the Solvency Capital Requirement of those related undertakings.

V.-Where an undertaking referred to in the first paragraph of Article R. 356-8 and its related undertakings request authorisation to calculate their Solvency Capital Requirement on the basis of an internal model, Articles R. 356-20 to R. 356-20-3 apply.

VI - For the purposes of calculating, in accordance with this Article, the group solvency of an undertaking referred to in the first paragraph of Article R. 356-8 which is a participating undertaking in a non-member country insurance undertaking or a non-member country reinsurance undertaking, that undertaking is treated, for the sole purpose of that calculation, as a related insurance undertaking or a related reinsurance undertaking.

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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