In order to grant the administrative authorisation provided for in Article L. 382-1, the Autorité de contrôle prudentiel et de résolution shall verify that :
1° The technical and financial resources that the fund proposes to implement are sufficient and appropriate with regard to its programme of operations;
2° The persons responsible for managing or administering the fund are of good repute and have the skills and experience required for their duties, assessed in accordance with the conditions set out in Article L. 322-2 ;
3° The distribution of its capital and the quality of the shareholders or, for funds constituted in the form of mutual insurance companies referred to in Article L. 322-26-1, the mutual insurance companies or supplementary professional retirement unions referred to in Article L. 214-1 of the Mutual Insurance Code and the supplementary professional retirement institutions referred to in Article L. 942-1 of the Social Security Code, the procedures for constituting the establishment fund, guarantee sound and prudent management;
4° The system of governance complies with Section 4 of Chapter V of this Title.
The granting of authorisation may be subject to compliance with commitments entered into by the applicant fund.
The Autorité de contrôle prudentiel et de résolution shall refuse authorisation if the proper performance of its supervisory duties in respect of the fund is likely to be hindered by the existence of close links between the applicant fund and other natural or legal persons. It will also refuse authorisation where the existence of laws, regulations or administrative provisions of a State which 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 Article L. 382-1 is defined by the Autorité de contrôle prudentiel et de résolution.