In the case of a portfolio transfer as referred to in the second paragraph of Article L. 370-6, the Autorité de contrôle prudentiel et de résolution receives the file provided by the institution for occupational retirement provision from the competent authority of the State in which the institution is authorised. Creditors are notified of the transfer request by a notice published in the Journal officiel de la République française. This notice will give them six weeks to submit their observations.
The Autorité de contrôle prudentiel et de résolution will send its opinion on the transfer request within eight weeks of receiving the file to the competent authority of the State in which the institution for occupational retirement provision is authorised.
The checks carried out by the Autorité de contrôle prudentiel et de résolution for the purposes of its opinion are limited to the following points:
1° Whether, in the case of a partial transfer of liabilities, technical provisions and other contractual rights and obligations, as well as the corresponding assets or their monetary equivalents, the long-term interests of members and beneficiaries of the remaining part of the liabilities are duly protected;
2° The preservation of the individual rights of members and beneficiaries following the transfer;
3° The sufficiency and appropriateness of the assets transferred to cover liabilities and technical provisions, as well as other obligations and rights to be transferred, in accordance with the rules applicable to supplementary occupational pension funds.
When the competent authority of the State in which the institution for occupational retirement provision is authorised informs the Autorité de contrôle prudentiel et de résolution of its decision to authorise the transfer of contracts, this authorisation is brought to the attention of creditors by a notice published in the Journal officiel de la République française.