The Autorité de contrôle prudentiel et de résolution, informed by the competent authorities of the State in which the registered office or principal place of business of the institution referred to in Article L. 370-1 is located of the latter’s intention to offer a contract referred to in the first paragraph of Article L. 381-1 of this Code or in Article L. 3334-2 of the Labour Code to a company…
The institutions for occupational retirement provision referred to in Article L. 370-1 are subject to supervision by the Autorité de contrôle prudentiel et de résolution and, where applicable, by other competent authorities in France in accordance with the legislative and regulatory provisions applicable to the operations referred to in Article L. 370-2. These authorities shall ensure that these institutions carry out their activities in accordance with the provisions of social…
Where the Autorité de contrôle prudentiel et de résolution identifies major difficulties in applying the provisions of this Title and Title VIII of this Book, it shall inform the Commission and the European Insurance and Occupational Pensions Authority. The Autorité de contrôle prudentiel et de résolution shall communicate to the European Insurance and Occupational Pensions Authority the national prudential provisions relating to occupational pension schemes which are not covered by…
Institutions for occupational retirement provision which have their registered office or main administration in another Member State of the European Union or in another State party to the Agreement on the European Economic Area may be authorised, under the conditions defined in this section, to transfer all or part of their portfolio of contracts, covering risks or commitments situated in the territory of a Member State of the European Union,…
The transfer of a portfolio of contracts referred to in article L. 370-6 is subject to the prior agreement of the members and policyholders. For each contract, this agreement takes the form of: 1° A decision submitted to the general meeting when the contract is taken out by an association; 2° An agreement from the subscriber referred to in 1° of Article L. 143-1 and the beneficiaries, employees or, where…
In the case of a portfolio transfer referred to in the first paragraph of Article L. 370-6, the application file is sent by the supplementary occupational pension fund to the Autorité de contrôle prudentiel et de résolution. Upon receipt of this application, the Autorité will immediately transfer it to the competent authority of the State in which the institution for occupational retirement provision is authorised in order to obtain its…
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…
Supplementary occupational pension funds are legal entities governed by private law whose purpose is to cover supplementary occupational pension commitments, as defined in article L. 143-1, commitments entered into by an association mentioned in article L. 144-2 and supplementary pension commitments entered into under other group insurance schemes, the list of which is set by decree by the Conseil d’Etat. Supplementary occupational pension funds limit their activity to the coverage…
I. – A single supplementary occupational pension fund may cover several contracts relating to supplementary occupational pension commitments and may, by way of derogation from the provisions of the French Commercial Code relating to company accounts, establish one or more sub-ledger accounts for the commitments of these contracts. This provision may be applied individually to a contract. The sub-ledger accounts relating to the operations of the supplementary professional retirement fund,…
Supplementary occupational pension funds must be set up in the form of a public limited company (société anonyme) or a mutual insurance company (société d’assurance mutuelle) and must comply with the rules governing their formation and operation which are common to or specific to each of these legal forms, in particular those set out in Chapter II of Title II of this Book.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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