Without prejudice to the provisions of articles R. 322-106-1, R. 322-117, R. 322-124 and R. 322-159, any company referred to in this section formed in breach of articles R. 322-46 to R. 322-64 shall be null and void. However, neither the company nor the members may rely on the aforementioned nullities vis-à-vis third parties acting in good faith.
Where the company is thus annulled, the founders to whom the nullity is attributable and the directors or members of the Management Board in office at the time the nullity was incurred shall be jointly and severally liable to third parties and to the members for the loss or damage resulting from such annulment. If, in order to cover the nullity, a General Meeting has to be convened, the action…
From the date on which a company governed by this section is notified of the decision of the Autorité de contrôle prudentiel et de résolution granting it the administrative authorisation referred to in Article L. 321-1, the nullity action provided for in Article R. 322-91 may only be brought by the Autorité de contrôle prudentiel et de résolution.
The mutual insurance companies referred to in article L. 322-26-4 are associations which : 1° Guarantee to their members, in return for payment of a variable premium, full settlement of their commitments in the event of realisation of the risks they have assumed; 2° Are regional or professional in nature; 3° Do not remunerate any intermediary for the acquisition of contracts; 4° Do not pay any remuneration to their managers…
Mutual insurance companies are governed by the provisions of Section IV of this Chapter, subject to the exceptions provided for in Articles R. 322-95 to R. 322-106-1.
Mutual insurance companies may not undertake insurance operations other than those mentioned in 1 to 18 of Article R. 321-1, subject to the provisions of Article R. 322-96.
Mutual insurance companies may provide in their articles of association for the possibility of accepting as reinsurance risks of the same nature as those which are the subject of their direct cover, provided that the amount of contributions accepted as reinsurance is limited to one quarter of their direct insurance contributions.
Regional mutual insurance companies must limit their territorial scope to the region of their registered office and to the departments of other regions if they border on the department of the registered office. These companies may only insure risks located in the said area. Professional mutual insurance companies may only group members exercising the same profession or related professions, which must be determined by their articles of association; they may…
Mutual insurance companies must include in their articles of association and in all contractual or advertising documents relating to insurance or capitalisation the following wording, printed in uniform characters: “variable-contribution mutual insurance company”.
The start-up capital of mutual insurance companies, the amount of which is set by the articles of association with no minimum amount required, is made up solely of payments made by members to enable the company to be definitively incorporated.
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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