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Article R322-123 of the French Insurance Code

In addition to undertakings carrying on direct insurance operations, including the operations referred to in Article R. 322-135, the companies or funds referred to in Article L. 322-27 whose exclusive object is reinsurance fall within the scope of this section, in particular as regards the control procedures and financial management rules. The following are excluded, notwithstanding the provisions of article R. 322-119, when the operations defined below constitute their exclusive…

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Article R322-124 of the French Insurance Code

Bodies falling within the scope of this Section which have been set up contrary to the laws and regulations governing their constitution shall be null and void. However, neither the sociétés ou caisses d’assurances et de réassurances mutuelles agricoles nor the members may rely on such nullity vis-à-vis third parties acting in good faith.

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Article R*322-125 of the French Insurance Code

Undertakings falling within the scope of this section must, in accordance with the conditions set out in Articles R. 322-126 to R. 322-137, either obtain the administrative authorisation provided for in Article L. 321-1 or enter into a reinsurance treaty covering all their operations.

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Article R322-131 of the French Insurance Code

For the application of the provisions of Article R. 612-26 of the Monetary and Financial Code, the information and documents relating to the situation of the said undertakings must be made available to the auditors in the head office departments or, where applicable, at the head offices of the companies or funds which have entered into a reinsurance treaty with the said undertakings under the conditions defined in Article R….

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Article R322-132 of the French Insurance Code

Undertakings which, by virtue of the provisions of this section, are subject to the regulations governing insurance undertakings, are not required to obtain the administrative authorisation provided for in Article L. 321-1 and are exempted from observing the management rules which would normally be applicable to them where, before commencing their operations, they have entered into a reinsurance treaty with a company or fund subject to the provisions of this…

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Article R322-133 of the French Insurance Code

The reinsurer is required to inform the Autorité de contrôle prudentiel et de résolution of the conclusion or termination of such a treaty or of any amendment relating to the clause providing for the substitution of the reinsurer for the reinsured undertaking, two months before the treaty takes effect, or its termination, or the proposed amendments. The reinsured entity must, within the two months preceding the effective date of the…

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Article R322-134 of the French Insurance Code

The subscription of a reinsurance treaty, under the conditions provided for in Article R. 322-132, by an undertaking which has obtained administrative authorisation, has the effect of suspending the validity of that authorisation. In the event of termination of the said treaty or amendment of the clause providing for the substitution of the reinsurer for the reinsured undertaking, the authorisation will not be reinstated and the undertaking concerned may only…

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Article R*322-135 of the French Insurance Code

Operations carried out in application of the treaty concluded by the company or fund which replaces the organisation exempted from administrative authorisation are considered to be direct insurance operations for the purposes of the provisions of this code.

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Article R*322-136 of the French Insurance Code

Authorised reinsurance undertakings may, on the assets side of the balance sheet, allocate to the representation of the provision for outstanding claims corresponding to the transactions referred to in Article R. 322-135, cash at bank or in hand at the head office, as well as their net receivables from the companies or funds having carried out the cessions giving rise to the said transactions. The amount of these allocations may…

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