Chapter II: Constitution and operating rules

When applying for authorisation for the legal protection class of business in accordance with the provisions of Articles L. 321-1, L. 321-7 and L. 329-1, any insurance undertaking must indicate, when submitting the documents provided for in these four Articles, the management method adopted, from among those set out in Article L. 322-2-3. Where the undertaking chooses to entrust claims in the legal protection branch to a legally distinct undertaking,…

When an undertaking authorised in the legal protection branch wishes to opt for a management method other than the one it has previously chosen, it must inform the Autorité de contrôle prudentiel et de résolution. The new management method chosen will take effect one month after the Autorité de contrôle prudentiel et de résolution has been notified, unless the Autorité de contrôle prudentiel et de résolution objects within the same…

For the application of the provisions of the second indent of the first paragraph of Article L. 322-2-3, the legally distinct undertaking entrusted with the management of legal protection claims is either an undertaking governed by the Insurance Code, a civil company, a commercial company or an economic interest grouping.

Undertakings subject to State supervision under article L. 310-1 may have no other object than to carry out the operations mentioned in article R. 321-1, and those directly arising therefrom, to the exclusion of any other commercial activity. They may underwrite insurance contracts on behalf of other authorised undertakings with which they have concluded an agreement for this purpose.

In transactions other than those referred to in article R. 321-1, 21, it is forbidden to stipulate or carry out the performance of contracts or the allocation of profits by drawing lots.

When a company carries out one or more of the branches or sub-branches mentioned in article R. 321-1 in one of the territories of New Caledonia, French Polynesia, Saint-Pierre-et-Miquelon, the French Southern and Antarctic Territories or Wallis and Futuna, it must obtain authorisation from the prefect or the head of the territory for a special agent, a natural person, responsible for managing all the operations it carries out in this…

French undertakings subject to State control under article L. 310-1 and constituted in the form of a société anonyme must have share capital, excluding contributions in kind, of at least 800,000 euros in order to conduct the classes of business referred to in 10 to 15 and 20, 21, 22, 24, 25 and 28 of article R. 321-1, as well as reinsurance operations. In order to carry out operations in…

The charge brought forward pursuant to article R. 343-6 is deducted from the distributable profit referred to in article L. 232-11 of the French Commercial Code. It is also deducted from the profit defined in the second paragraph of article L. 232-12 of the same code.

The Statutory Auditors’ special report provided for in the third paragraph of article L. 225-40 and the third paragraph of article L. 225-88 of the Commercial Code must contain, in addition to the information listed in articles 92 or 117 of decree no. 67-236 of 23 March 1967 on commercial companies, an indication of the amounts paid to the persons mentioned, as the case may be, in article 101 or…