In order to grant or refuse the administrative authorisations provided for in Articles L. 321-1, L. 321-7 and L. 329-1, the Autorité de contrôle prudentiel et de résolution verifies that the following conditions are met:
-the technical and financial resources that the undertaking proposes to implement are sufficient and appropriate with regard to its programme of operations;
-the persons responsible for managing or administering the undertaking and, in the case of undertakings referred to in 4° of Article L. 310-2, the authorised agent, are of sufficiently good repute and possess the skills and experience required for their duties, which are assessed in accordance with the conditions set out in Article L. 322-2 ;
-the distribution of its capital and the status of its shareholders or, in the case of the companies referred to in Article L. 322-26-1, the mutual insurers and associations referred to in Article L. 211-8 of the Mutual Code and the provident institutions or associations referred to in Article L. 931-4 of the Social Security Code, the procedures for constituting the establishment fund guarantee sound and prudent management.
For the undertakings referred to in Article L. 310-3-1, the Autorité de contrôle prudentiel et de résolution also requires:
-that they hold the eligible basic own funds necessary to meet the absolute floor of the minimum capital requirement provided for in Article L. 352-5 ;
demonstrate that they are in a position to hold the eligible basic own funds necessary to permanently hold the Minimum Capital Requirement provided for in Article L. 352-5; – demonstrate that they are in a position to hold the eligible basic own funds necessary to permanently hold the Minimum Capital Requirement provided for in Article L. 352-5;
-they demonstrate that they are in a position to hold the eligible own funds necessary to meet the Solvency Capital Requirement set out in Article L. 352-1 at all times; and
-their system of governance complies with the provisions of Articles L. 354-1 to L. 354-3.
The granting of authorisation may be subject to compliance with undertakings given by the applicant undertaking.
The Autorité de contrôle prudentiel et de résolution shall refuse authorisation where the proper exercise of its supervisory role over the undertaking is likely to be hindered by the existence of close links between the applicant undertaking and other natural or legal persons. It will also refuse authorisation if the existence of laws, regulations or administrative provisions of a State that is not a party to the Agreement on the European Economic Area and to which one or more of these persons belong, or difficulties relating to the application of these provisions, hinder the proper performance of its supervisory duties.
The list of documents to be produced in support of an application for authorisation submitted in accordance with the provisions of Articles L. 321-1, L. 321-7 and L. 329-1 is defined for each type of authorisation by the Autorité de contrôle prudentiel et de résolution.