Section 1: General provisions relating to the control of groups

Articles in this section · 7

Article R356-3

French Insurance CodeIn force

Updated 7 Nov 2023

I.-In order to ensure that all the authorities concerned have the same relevant information available, without prejudice to their respective responsibilities and regardless of whether or not they are established in the same Member State, the Autorité de contrôle prudentiel et de résolution shall exchange such information with the other supervisory authorities concerned in order to enable and facilitate the performance of their supervisory tasks. To this end, the Autorité de contrôle prudentiel et de résolution shall communicate without delay any relevant information as soon as it becomes available or at the request of other authorities, in particular:

1° Information concerning actions of the group and the supervisory authorities;

2° Information provided by the group;

3° Information provided for in Article 357 of Commission Delegated Regulation (EU) No 2015/35 of 10 October 2014.

II.-If a supervisory authority has failed to provide the Autorité de contrôle prudentiel et de résolution with relevant information, or if requests for cooperation made by the Autorité, in particular for the exchange of relevant information, have been rejected or have not been acted upon within two weeks, the Autorité may refer the matter to the European Insurance and Occupational Pensions Authority.

III - The Autorité de contrôle prudentiel et de résolution in its capacity as group supervisor shall provide the supervisory authorities concerned and the European Insurance and Occupational Pensions Authority with information concerning the legal structure of the group, its system of governance and its operational structure.

IV.The Autorité de contrôle prudentiel et de résolution shall convene without delay a meeting of all the competent authorities concerned, at least in the following cases:

1° When it becomes aware of a serious breach of the Solvency Capital Requirement or a breach of the Minimum Capital Requirement by an insurance or reinsurance undertaking;

2° When it becomes aware of a significant deviation from the Solvency Capital Requirement at group level, calculated on the basis of consolidated data, or from the group Solvency Capital Requirement on an aggregated basis, according to the calculation method applied in accordance with Articles R. 356-19 to R. 356-22;

3° When any other exceptional circumstance occurs or has occurred.

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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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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