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Article R322-106-9 of the French Insurance Code

The acquiring or new mutual insurance company shall be liable to creditors who do not have the status of members of the company or companies being acquired in place and stead of the latter, without such substitution entailing novation in respect of them. This provision does not preclude the application of agreements authorising such creditors to demand immediate repayment of their claims in the event of the absorption of the…

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Article R322-106-10 of the French Insurance Code

The publication formalities provided for in article R. 322-85, with the exception of those concerning the decision to approve the operation by the general meeting of the new company, and in articles R. 322-86 to R. 322-88 are applicable to merger operations. Where the merged companies have issued bonds, redeemable equity securities or subordinated debt securities under the conditions set out in article L. 322-2-1, they shall also amend the…

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Article R322-106-11 of the French Insurance Code

On pain of nullity, the companies participating in a merger operation are required to file a declaration with the clerk of the judicial court in which, on the one hand, they describe all the acts carried out with a view to carrying out the merger and, on the other hand, they certify that the operation has been carried out in accordance with the laws and regulations in force.

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Article R322-110 of the French Insurance Code

The articles of association of the association must provide that : 1° The members of the board of directors or the supervisory board of the association must be chosen from among the managers, directors or members of the supervisory board of the companies belonging to the association; 2° General meetings are composed of all the companies belonging to the association, each represented exclusively by one of its managers, directors or…

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Article R322-111 of the French Insurance Code

The association is responsible, on behalf of and in the place of the reinsured mutual insurance company, for making the various disclosures to the Autorité de contrôle prudentiel et de résolution required by Articles L. 310-8 and R. 310-6-1, to keep at its head office the accounting books, registers or files provided for in Title IV of this Book, to make available to the supervisory authorities all documents required for…

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Article R322-112 of the French Insurance Code

The application for authorisation of a mutual insurance company may be drawn up and filed by the association with which the founders of the company intend to enter into a reinsurance treaty under the conditions laid down in Article R. 322-116.

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Article R322-113 of the French Insurance Code

Insurance policies issued by mutual insurance companies reinsured with a union must contain, in clearly visible characters, the name and address of the union and reproduce the clause in the reinsurance treaty by which the union declares that it will in all cases jointly and severally guarantee the commitments of the mutual insurance company. The general terms and conditions of these policies must be submitted by the association to the…

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