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Book IV: Organisations and special insurance schemes

Article L400-1 of the French Insurance Code

For the purposes of this Book, the words “in France”, “France” and “territory of the French Republic” mean mainland France and the territorial collectivities governed by Article 73 of the Constitution as well as Saint-Barthélemy and Saint-Martin. Except for the provisions concerning the freedom to provide services and the freedom of establishment, these words also refer to Saint-Pierre-et-Miquelon.

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Article L411-1 of the French Insurance Code

The powers of the Comité Consultatif du Secteur Financier are set out in Article L. 614-1 of the Monetary and Financial Code, which reads as follows: “Art. L. 614-1 -The Comité Consultatif du Secteur Financier is responsible for studying issues relating to relations between credit institutions, finance companies, electronic money institutions, payment institutions, investment firms and insurance companies, on the one hand, and their respective customers, on the other, and…

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Article L411-2 of the French Insurance Code

The powers of the Comité Consultatif de la Législation et de la Réglementation Financières are set out in Article L. 614-2 of the Monetary and Financial Code, which reads as follows: “Art. L. 614-2 -The Consultative Committee on Financial Legislation and Regulation shall be consulted by the Minister for the Economy on any draft law or ordinance and on any proposed regulation or directive of the European Community before it…

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Article L411-3 of the French Insurance Code

The rules governing employee members of advisory committees are set out in Article L. 614-3 of the Monetary and Financial Code, which is reproduced below: “Art. L. 614-3 -Employee members of the Comité consultatif du secteur financier or the Comité consultatif de la législation et de la réglementation financières are entitled to the time required to prepare, attend and participate in meetings. This time is treated as actual work for…

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Article L412-1 of the French Insurance Code

I. – Expenses of all kinds arising from the operation of the Ecole Nationale d’Assurances are covered by direct or indirect payments from insurance companies, their professional bodies and national federations and unions of insurance companies, agents and brokers. The Conservatoire National des Arts et Métiers receives these payments on behalf of the Ecole Nationale d’Assurances. II. – These payments are deducted from those due in respect of apprenticeship tax…

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Article L421-1 of the French Insurance Code

I. – The French Compulsory Accident Insurance Guarantee Fund (Fonds de Garantie des Assurances Obligatoires de Dégât) compensates, under the conditions set out in 1 and 2 of this I, the victims or those entitled on behalf of the victims of losses resulting from an accident occurring in France in which a vehicle within the meaning of Article L. 211-1 is involved. 1. The guarantee fund shall compensate losses resulting…

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Article L421-2 of the French Insurance Code

The guarantee fund is a legal entity under private law. It groups together the insurance companies that cover the risks covered by compulsory motor and hunting insurance and the damage insurance provided for in article L. 242-1. The general manager of the guarantee fund is heard by the finance committees of the National Assembly and the Senate before his appointment.

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Article L421-3 of the French Insurance Code

The guarantee fund is subrogated to the rights of the compensation creditor against the person responsible for the accident or his insurer. It is also entitled to interest calculated at the legal rate in civil matters and to recovery costs. When the guarantee fund settles with the victim, this settlement is enforceable against the person responsible for the damage, except for the latter’s right to contest before the judge the…

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Article L421-4-1 of the French Insurance Code

The contributions to the guarantee fund referred to in article L. 421-4 are defined as follows: 1° The contribution from policyholders is based on all net premiums or contributions that they pay to insurance companies for insurance against civil liability risks resulting from accidents caused by motor land vehicles and vehicle trailers or semi-trailers when the risk is located within the territory of the French Republic. It is collected by…

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