Call Us + 33 1 84 88 31 00

Article A421-4-7 of the French Insurance Code

The composition of the guarantee fund’s investment portfolio may not exceed the following ceilings: 1° 40% for all listed shares ; 2° 6% for unlisted equities ; 3° 6% for all unlisted infrastructure investments (in capital); 4° 20% for real estate investments; 5° 5% for economic loan funds. These ceilings are assessed at market value. If one of these ceilings is exceeded, the guarantee fund implements a strategy as soon…

Read More »

Article A421-4-8 of the French Insurance Code

The guarantee fund shall adopt a governance framework providing for a division of tasks and responsibilities and the necessary delegations to ensure effective implementation of the investment strategy. It shall adopt internal control standards in order to verify the compatibility between the investment strategy, its implementation and the rules established by Article R. 421-47 and this paragraph. It shall adopt any rules or procedures necessary to ensure compliance with these…

Read More »

Article A421-5 of the French Insurance Code

All income and expenses relating to the intervention of the guarantee fund, in the event of the withdrawal of authorisation of an insurance undertaking covering, on the territory of the French Republic, risks covered by compulsory insurance of land motor vehicles and their trailers and semi-trailers, are recorded in a specific section of its accounts entitled “Operations of the guarantee fund resulting from the withdrawal of authorisation of motor insurance…

Read More »

Article A421-6 of the French Insurance Code

The operations of the guarantee fund relating to the assumption of responsibility for the losses referred to in article L. 211-1, in the event of the withdrawal of authorisation from an insurance undertaking, are shown on the liabilities side of the balance sheet by the special reserve referred to in II of article L. 421-10 and the technical provisions relating to compensation for these losses. The assets side of the…

Read More »

Article A421-7 of the French Insurance Code

The special reserve relating to operations resulting from the withdrawal of authorisation of an insurance undertaking providing compulsory insurance cover for motor land vehicles and their trailers and semi-trailers in the territory of the French Republic, referred to in II of Article L. 421-10, is called the “special reserve relating to the withdrawal of authorisation of motor insurance undertakings”. An initial allocation of 80 million euros is made to this…

Read More »

Article A421-8 of the French Insurance Code

The percentage of the contribution to the guarantee fund, provided for in I of article L. 421-10, is set at 1% of the total expenses for the last financial year of the “Guarantee fund operations resulting from the withdrawal of authorisation for motor insurance companies” section. The proceeds of this contribution are allocated in full to the profit and loss account of the same section, together with dividends to be…

Read More »

Article A421-9 of the French Insurance Code

All income and expenses relating to the intervention of the guarantee fund, in the event of the withdrawal of authorisation of an insurance undertaking covering, on the territory of the French Republic, risks covered by compulsory insurance pursuant to Article L. 242-1, are recorded in a specific section of its accounts entitled “Operations of the guarantee fund resulting from the withdrawal of authorisation from construction insurance companies”. For this accounting…

Read More »

Article A421-10 of the French Insurance Code

The operations of the guarantee fund relating to the assumption of responsibility for the losses referred to in article L. 242-1, in the event of the withdrawal of authorisation from an insurance undertaking, are shown on the liabilities side of the balance sheet by the special reserve referred to in II of article L. 421-10-1 and the technical provisions relating to compensation for these losses. The assets side of the…

Read More »

Article A421-11 of the French Insurance Code

The special reserve relating to operations resulting from the withdrawal of authorisation of an insurance undertaking covering, on the territory of the French Republic, risks covered by compulsory insurance under Article L. 242-1, referred to in II of Article L. 421-10-1, is called the “special reserve relating to the withdrawal of authorisation of construction insurance undertakings”. An initial allocation of 40 million euros is made to this special reserve. The…

Read More »

Article A421-12 of the French Insurance Code

The amount of the contribution to the guarantee fund, provided for in I of article L. 421-10-1, is determined in accordance with the following formula, for an accounting year i : CFi = max [0; T% x (Mi –Pi)] + max [0; (P%xCi) x CAi/CA] Where: 1° For the first part, which is based on the difference between the premiums for the last ten financial years and the technical provisions…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.