What is a mutual?
Mutual - DefinitionThe definition of the mutual is given in paragraph I of Article L111-1 of the Code of Mutuality. Here is what can be read in this article:
"Mutuals are legal non-profit legal legal persons. They acquire the quality of mutual and are subject to the provisions of this code from their registration under the conditions laid down by decree in Council of State. They carry out, in particular by means of the contributions paid by their members, and in the interest of the latter and their beneficiaries, a pension, solidarity and mutual assistance, under the conditions laid down in their statutes, in order to contribute to the cultural, moral, intellectual and physical development of their members and the improvement of their living conditions. [...]
Thus, it is said that mutuals are "non-profit" organizations, which means that they are not intended to achieve benefits that they must then redistribute to their associates. Their vocation is essentially to provide answers to the social needs that their adherents express, in total consultation with them. The surpluses they identify are therefore not used to be redistributed to their members, but can be used to put in place and develop new benefits or new guarantees for the interests of their members and "entitled". "
On the other hand, a mutual society is declared as legally constituted from the moment it is registered by decree in the National Register of Mutuals.
The Mutuality Code also specifies that mutuals are funded "through contributions paid by their members", which means that they can not appeal to any source of financing external to that which comes from their members. Mutuals can thus issue participatory titles, but in no case develop financially by proceeding by increasing capital or public offering.
Mutual - definition In addition, the activity of mutuals must be articulated around the notions of "foresight", "solidarity" and "mutual aid". In practice, mutuals apply the principle of solidarity between their members by not making a personalized selection of accession risks and by not inviting personalized tariff conditions. From this point of view, the mutuality aims, at the same time as the improvement of the protection of the member, access to the care of all.
To the extent that it aims "the cultural, moral, intellectual and physical development of their members", as well as "the improvement of their living conditions", the activity of the mutuals is in the field of social protection exclusively in What concerns the human person. This means that mutuals can only propose that people's insurance, and by no means of property assurances.
This point concerning the type of products that can be proposed by the mutuals is well explained in paragraph II of the same article of the Code of Mutuality, where it is written:
"Mutuals may be about:
1 ° to carry out the following insurance operations:
(a) cover the risk of bodily injury related to accidents or disease;
(b) contract commitments whose execution depends on the duration of human life, pay a capital in the event of marriage or birth of children, call on savings for capitalization by contracting commitments;
(c) carry out legal protection and assistance operations;
(d) cover the risk of loss of income related to unemployment;
(e) bring their mutual guarantee to the commitments contracted by their participating members for the acquisition, construction, lease or improvement of their habitat or that of their rights holders;
(2) to ensure the prevention of the risk of bodily injury related to accidents or the disease, as well as the protection of the child, the family, the elderly, dependent or disabled;
(3) to implement social action or manage health, social or cultural achievements;
4 ° to participate in the management of a legal health and maternity insurance scheme [...]
And, in fact, mutuals can only obtain administrative approval than in the following branches of the insurance:
1. Accidents (including occupational accidents and occupational diseases):
2. DISEASE:
15. Deposit:
16. Various pecuniary losses:
17. Legal protection;
18. Assistance:
20. Death life:
21. NUPTIALITY-NATALITY:
22. Insurance related to investment funds:
24. Capitalization:
25. Collective fund management:
26. Any collective operations defined in Article L. 222-1.
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