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Article L381-4 of the French Insurance Code

The provisions of Titles I, III, IV and VI of Book I and of Chapter I of Title IV of Book IV applicable to life assurance or capitalisation undertakings are applicable to contracts underwritten by supplementary occupational pension funds. For the application of these provisions, supplementary occupational pension funds are treated in the same way as life assurance or capitalisation undertakings.

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Article L381-5 of the French Insurance Code

The provisions of Article L. 310-25 and of Chapters III, VI, VII and VIII of Title II of this Book, applicable to life insurance and capitalisation companies, apply to supplementary occupational pension funds. Supplementary occupational pension funds established in the form of a public limited company are exempt from the levy provided for in article L. 232-10 of the French Commercial Code.

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Article L382-1 of the French Insurance Code

I. – Supplementary occupational pension funds may not commence operations until they have obtained administrative authorisation issued by the Autorité de contrôle prudentiel et de résolution. Approval is granted at the request of the fund, for the operations referred to in the first paragraph of article L. 381-1 and for the coverage of additional guarantees referred to in article L. 143-2 arising therefrom. The fund may only carry out the…

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Article L382-2 of the French Insurance Code

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…

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Article L382-3 of the French Insurance Code

I. – Where a supplementary occupational pension fund expressly renounces its authorisation by undertaking not to underwrite any new contracts, does not make use of its authorisation within one year of the date of publication in the Journal officiel of the authorisation decision or has ceased to carry on the activity corresponding to its authorisation for two consecutive financial years, it shall immediately inform the Autorité de contrôle prudentiel et…

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Article L382-4 of the French Insurance Code

Any supplementary occupational pension fund intending to provide IORP services in the territory of another Member State of the European Union shall notify the Autorité de contrôle prudentiel et de résolution for each provision of service involving a separate underwriter. Unless it has reason to believe that the administrative structures or the financial situation of the undertaking are not compatible with the operations offered in the other State, the Authority…

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Article L383-1 of the French Insurance Code

Without prejudice to Article L. 612-39 of the Monetary and Financial Code, the administrative authorisation provided for in Article L. 382-1 of this Code may be withdrawn by the Autorité de contrôle prudentiel et de résolution in the event of a prolonged absence of activity, a breach of the balance between the financial resources of the supplementary occupational pension fund and its activity or, if the general interest so requires,…

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Article L384-1 of the French Insurance Code

Insurance undertakings and their branches mentioned in 1° of Article L. 310-2 as well as the French branches of insurance undertakings mentioned in 4° of the same Article may be authorised, under the conditions defined in Article L. 324-1, to transfer all or part of their portfolio of contracts offering the benefits mentioned in Article L. 381-1 to one or more supplementary occupational pension funds, mutual insurers or supplementary occupational…

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