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Article R322-80 of the French Insurance Code

Any loan intended to supply the establishment fund provided for in article R. 322-44 or, except in the case provided for in article R. 322-79, to finance the development of insurance operations and new production must be authorised in advance by the general meeting deliberating as provided for in article R. 322-65.

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Article R322-80-1 of the French Insurance Code

Except in the case provided for in article R. 322-79, any loan intended for the constitution and, where applicable, the replenishment of the supplementary social fund must be authorised by the general meeting deliberating as provided for in article R. 322-63 and be the subject of a special resolution, the content of which must first be submitted for the approval of the Autorité de contrôle prudentiel et de résolution, which…

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Article R322-80-2 of the French Insurance Code

The maximum proportion of the profits of the last financial year and previous financial years that may be allocated annually to the remuneration of mutualist certificates is equal to 10% of the sum of the profits of the last three financial years. However, if by application of the rule set out above, mutualist certificates cannot be remunerated even though the profit for the last financial year is positive, the maximum…

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Article R322-82 of the French Insurance Code

Reinsured companies may only be members of the company to which they are reinsured, in the same capacity as other members, if they are expressly authorised to do so by the Articles of Association of that company. In this case, the articles of association determine the conditions under which reinsured companies may participate in general meetings. However, the articles of association of companies whose exclusive object is reinsurance may allocate…

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Article R322-83 of the French Insurance Code

Any reinsurance treaty by which a company governed by this section cedes to one or more undertakings its risks in a proportion exceeding 90% of the total premiums relating to the reinsured risks must be submitted for approval to a general meeting deliberating as provided for in Article R. 322-65 and convened by registered letter or by electronic registered letter sent to each member stating the reason for the approval…

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Article R322-84 of the French Insurance Code

Mutual reinsurance companies may be formed between mutual insurance companies or associations thereof or between undertakings affiliated by agreement to the same mutual insurance group company, the object of which is the reinsurance of the companies which are members thereof. Such reinsurance companies are subject to the provisions of this section. However, they are validly constituted when they have at least seven member companies, this minimum number not being required…

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Article R322-85 of the French Insurance Code

Within one month of the incorporation of any mutual insurance company, a copy of the memorandum of association, its appendices and a certified copy of the resolutions adopted by the general meeting provided for in article R. 322-52 must be filed in duplicate with the clerk of the court having jurisdiction over the company’s registered office. The same documents must be filed with the Ministry of Economy and Finance within…

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Article R*322-86 of the French Insurance Code

Within the same period of one month, an extract from the documents mentioned in article R. 322-85 is published in one of the newspapers authorised to publish legal notices in the département where the registered office is located. Proof of publication is provided by a copy of the newspaper certified by the printer and registered within three months of the date of publication.

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Article R322-87 of the French Insurance Code

The extract must contain the name adopted by the company and an indication of the registered office, the designation of the persons authorised to manage, administer and sign for the company, and, in addition, the number of members, the amount of the contributions paid, below which the company could not be validly incorporated, the time at which the company was incorporated, the time at which it is due to end…

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