Section V: Information to be provided to the public

Articles in this section · 4

R385-18R385-19R385-20R385-21

Article R385-20

French Insurance CodeIn force
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Updated 7 Nov 2023

Major events, within the meaning of Article L. 385-7, are at least those which have one of the following characteristics:

a) When a deviation from the guarantee fund is observed and the Autorité de contrôle prudentiel et de résolution is not provided with a short-term financing plan as referred to in Article L. 385-8 within one month of the date on which the deviation was observed.

In this case, the Autorité de contrôle prudentiel et de résolution requires the supplementary occupational pension fund concerned to publish without delay the amount of the discrepancy observed, together with an explanation of its origin and consequences as well as any corrective measures taken. If, despite the submission of a short-term financing plan initially approved by the Autorité de contrôle prudentiel et de résolution, a shortfall in relation to the guarantee fund has not been corrected three months after it was identified, the shortfall will be published at the end of that period, together with an explanation of its origin and consequences as well as of the corrective measures already taken and any new corrective measures planned;

b) Where a significant deviation from the minimum required solvency margin is observed and the Autorité de contrôle prudentiel et de résolution is not notified of a recovery plan as referred to in Article L. 385-8 within one month of the date on which the deviation was observed.

In this case, the Autorité de contrôle prudentiel et de résolution requires the supplementary occupational pension fund concerned to publish the amount of the discrepancy observed without delay, together with an explanation of its origin and consequences and of any corrective measures taken. If, despite the submission of a recovery plan initially approved by the Autorité de contrôle prudentiel et de résolution, a material deviation from the minimum required solvency margin has not been corrected six months after it was identified, the deviation shall be published at the end of that period, together with an explanation of its origin and consequences as well as of the corrective measures taken and any new corrective measures planned.

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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