Title II: Administrative regime

Mutual insurance companies governed by this section must include in their articles of association and in all contractual or advertising documents relating to insurance or capitalisation the following words printed in uniform characters: “Société d’assurance mutuelle”, or, for the bodies referred to in Article L. 771-1 du code rural et de la pêche maritime: “Caisse d’assurance mutuelle agricole” or “Caisse de réassurance mutuelle agricole” supplemented, where appropriate, by the words:…

The companies referred to in this section may be formed either by a public deed or by a private deed drawn up in duplicate, irrespective of the number of signatories to the deed.

Draft articles of association must 1° state the object, duration, registered office and name of the company and the territorial scope of its operations, determine the method and general conditions under which the commitments between the company and its members are entered into, and specify the classes of insurance covered directly or accepted as reinsurance; 2° Set the minimum number of members, which may not be less than 500; this…

No special benefits may be stipulated for founders in the draft Articles of Association.

The draft Articles of Association may provide for the creation of an additional corporate fund intended to provide the company with the solvency it needs to comply with current regulations. This fund is funded by loans taken out to finance a business improvement plan or a medium or long-term development plan. Member-policyholders may be required to subscribe to loans under the conditions set out in article R. 322-80-1.

The full text of the draft Articles of Association must be reproduced on any document intended to receive memberships.

When the conditions set out in articles R. 322-47 to R. 322-50 have been met, the signatories of the original deed or their authorised representatives shall declare this before a notary. This declaration must be accompanied by 1° A duly certified list of the names of the members, showing their surnames, forenames, positions and domiciles, and, if applicable, the names and registered offices of the member companies, the amount of…

The first General Meeting, which is convened at the request of the signatories of the initial deed, verifies the accuracy of the declaration referred to in article R. 322-51 and appoints the members of the first Board of Directors or the first Supervisory Board and, for the first year, the statutory auditors provided for in article R. 322-67. The minutes of the meeting record the acceptance of the members of…