Assurez-vous d’être bien assuré pour maintenir la pérennité de votre entreprise !

L’assurance est un outil essentiel pour protéger les entreprises contre les différents risques auxquels elles peuvent être confrontées dans leur activité. Certaines assurances sont légalement obligatoires, d’autres, bien que facultatives, sont fortement recommandées pour sécuriser l’activité de l’entreprise contre les imprévus.

En souscrivant à ces assurances, l’entreprise se protège contre les risques financiers qui pourraient menacer sa pérennité. Il est crucial pour chaque entreprise de bien évaluer ses besoins en fonction de son secteur et de ses activités spécifiques.

Il existe principalement trois catégories d’assurances :

• assurance personnelle ;
• l’assurance des biens ;
• assurance commerciale.

Chaque catégorie comprend des assurances obligatoires et facultatives. C’est au sein de ces dernières que l’entrepreneur doit sélectionner celles qui sont importantes (voire essentielles) pour garantir la sécurité à long terme de l’entreprise. Il existe un très grand nombre d’assurances facultatives, nous vous en proposons quelques exemples ci-dessous mais la liste n’est évidemment pas exhaustive.

I – Assurance de personnes

1 – Les assurances obligatoires

Dès qu’une entreprise a des salariés, il est obligatoire de souscrire une assurance appelée protection sociale complémentaire des salariés pour leur permettre de bénéficier d’une mutuelle.

En effet, la loi française impose aux employeurs du secteur privé de proposer une couverture santé complémentaire à leurs salariés. La mutuelle collective complète la couverture du régime obligatoire de Sécurité Sociale et permet aux salariés de bénéficier de garanties santé complémentaires.

L’entreprise a la possibilité d’étendre le bénéfice de cette protection sociale aux enfants et conjoints de ses salariés, elle doit participer au moins 50% au financement de cette mutuelle.

L’employeur peut choisir l’assureur mais doit respecter un panier de soins minimum défini par la loi.

2 – Optional insurances

> Concerning micro-enterprises

The micro-entrepreneur can take out health insurance which allows him to select reimbursement levels for the types of care of his choice (medical care, dental and optical equipment and hospitalization).

It should be noted that there is a “micro-insurance” system for very small businesses that provides access to reduced-cost insurance contracts.

To benefit from it, certain conditions must be met:

• Be at the start of the activity;
• Not need to build up large stocks;
• Be supported by a business creation assistance network with financing.

Note: This “micro-insurance” system concerns supplementary health insurance but also other categories of insurances that we will see below.

> Concerning companies

The company may take out director liability insurance to protect the director from the consequences of decisions taken on behalf of the company. This insurance may cover the director’s procedural costs during a civil, criminal or administrative trial when his liability is incurred.

The company can also take out insurance called “homme clé (key man)” which protects the company when a key person is unable to perform his work. This insurance makes it possible to compensate for operating losses which may result from the inability to work of this person.

It should also be noted that very small companies have access to micro-insurance which allows them to obtain insurance contracts at a reduced cost. The access conditions are the same as those described in the previous paragraph.

II – Property insurance

1 – Mandatory insurances

> Vehicles

If the company uses one or more vehicles, it must insure all of them. It is important to take out vehicle insurance that is appropriate for the professional activity carried out.

There are different types of professional car insurance, ranging from basic civil liability to more extensive coverage that also includes material damage caused to your own vehicles. It can also provide cover against theft, fire or glass breakage.

> Professional premises

If the company has business premises, it must take out insurance to cover it if one of the following events occurs:

• Fire
• Explosion
• Water damage
• Natural disaster

We advise you to take out a contract that also covers theft, offences, equipment, stocks, etc.

The cost of the insurance varies depending on the surface area of the premises, the value of the stock and the municipality in which they are located.

2 – Optional insurances

> Business interruption insurance

Although optional, this insurance is essential to guarantee the financial health of the company. In the event of a serious incident damaging the establishment and leading to a partial or permanent interruption of the activity, it covers in particular the loss of gross margin.

> Professional legal protection

In the event of a dispute between the company and a client, an employee or a service provider that could lead to significant financial consequences, it allows the insured company to be assisted.

III – Business insurance

The insurance that covers the activity is called “Responsabilité Civile Professionnelle (RCP)” (professional liability insurance).

This insurance covers all damages that may be caused to a third party, such as a customer, supplier or other person in the context of a professional sales, service or manufacturing activity. This may involve damages:

• Bodily injury;
• Material damages (damage to an entrusted good or to a good on which a service is performed);
• Or immaterial damages (damage resulting in a loss of turnover for the customer).

Although this insurance is not mandatory for all activities, it is important for the company to take out one that is adapted to the sector of activity. The guarantees may vary depending on specific needs.

However, certain professional categories are required to have professional liability insurance.

These are the following professions:

> Legal professionals

Given the great responsibilities incumbent on legal professionals,they are required to be insured for their civil liability.

Indeed, the risks are numerous and can especially generate significant expenses in the event of compensation. For example, we can cite a lack of information, a legal error or negligence in the file.

This obligation of RCP insurance targets all legal professions (lawyer, notary, bailiff, accountants, etc.) and insurance companies offer contracts adapted to each profession.

> Health professionals

Compulsory medical liability insurance concerns self-employed health professionals, companies that carry out prevention, diagnosis and/or care activities as well as producers, operators and suppliers of health products.

These professionals must take out insurance to protect themselves in the event of damage suffered by a third party during the exercise of their professional activity (for example: error or delay in diagnosis, choice of treatment not adapted to the patient’s state of health).

It also covers employees when they act within the scope of their duties.

> Construction professionals 

Mandatory professional liability insurance (RCP) covers the financial consequences of damage caused to third parties during the exercise of the activity.

The insurance will cover the following costs:

• defense costs in the event of legal proceedings (expert and lawyer fees);
• compensation for material damage (damaged or destroyed property); compensation for immaterial damage (financial loss following a delay in execution);
• compensation for bodily injury (injury, death, etc.).

In addition, when a company carries out the activity of building construction, it must be covered by ten-year liability insurance. Indeed, it is responsible for 10 years for damage related to the solidity of the work or equipment elements that cannot be dissociated from the work. This is called a ten-year guarantee.

Before each construction site opening, the professional must provide a ten-year civil liability insurance certificate to his client.

> Real estate agents

This profession must also be covered by two categories of professional insurance:

• Professional liability insurance => Allowing the company to cover the financial consequences of damage caused to third parties during the exercise of its activity.

  The insurance will cover the following expenses:

• • defense costs in the event of legal proceedings (expert and lawyer fees);
  • compensation for material damage;
  • compensation for immaterial damage (for example, financial loss following a lack of advice);
  • compensation for personal injury.
• Financial guarantee => When the company holds funds, shares or real estate securities that belong to its clients (for example, a security deposit), it must take out a financial guarantee. This guarantee must be of an amount greater than or equal to the financial resources it holds.

Let us add that civil liability insurance is also compulsory for tourism professionals as well as transporters of goods or people (road transport, taxis, VTC drivers, etc.).

And to conclude, we will tell you about the three channels available to a company to take out an insurance contract:

• Contact an insurance company that can advise you and offer you insurance adapted to your activity;
• use an insurance broker who will act as an intermediary between you and the insurance companies;
• contact the central pricing office (BCT: phone: +33 (0)1 53 21 50 40; mail: bct@agira.asso.fr) which can help you find an insurer, especially when an insurance company refuses to insure your company for a risk that must be guaranteed.

And don’t forget that companies employing fewer than 10 employees and whose annual turnover or total balance sheet is less than €2 million have access to micro-insurance. This allows access to insurance contracts adapted to VSEs and at a reduced cost.

Are you still unclear about some aspects of this article? Do you need further explanation or support? Contact us!