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Article R351-25 of the French Insurance Code

Without prejudice to Article R. 351-24, the following classifications are applied for the purposes of this section: 1° The surplus funds referred to in Article R. 351-21 are classified in level 1 ; 2° Letters of credit and guarantees held in trust by an independent trustee for the benefit of insurance creditors and provided by credit institutions are classified in level 2; 3° Any future claims that mutual insurers or…

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Article R351-26 of the French Insurance Code

With regard to compliance with the Solvency Capital Requirement, the eligible amounts of Tier 2 and Tier 3 elements are subject to quantitative limits. These limits are defined in Article 82 of Commission Delegated Regulation (EU) No 2015/35 of 10 October 2014. Regarding compliance with the Minimum Capital Requirement, the amount of basic own-fund items eligible to cover the Minimum Capital Requirement that are classified in Tier 2 is subject…

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Article R351-27 of the French Insurance Code

I.-Without prejudice to the application of the provisions of Article R. 351-23, original own funds items are included in Tier 1 original own funds for a maximum period of ten years after 1 January 2016, if these items: a) Were issued before 18 January 2015 ; b) At 31 December 2015, could be used in accordance with the provisions of Chapter IV of Title III of Book III of the…

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Article R351-28 of the French Insurance Code

I.-The undertakings mentioned in Article L. 351-7 are prohibited from making a distribution relating to one of the items mentioned in i and ii of a of Article 69 of Commission Delegated Regulation (EU) No 2015/35 of 10 October 2014, classified in Level 1 as provided for in Article R. 351-23, in the event of non-hedging of the Solvency Capital Requirement or where such distribution is on such a scale…

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Article R352-1 of the French Insurance Code

For the purposes of this Chapter : 1° “Underwriting risk” means the risk of loss, or of adverse change in the value of insurance liabilities, resulting from inadequate pricing and reserving assumptions; 2° “Market risk” means the risk of loss, or of adverse change in the financial position, resulting directly or indirectly from fluctuations in the level and volatility of the market value of assets, liabilities and financial instruments; 3°…

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Article R352-2 of the French Insurance Code

The Solvency Capital Requirement is calculated as follows: 1° This calculation is based on the assumption that the undertaking concerned is a going concern; 2° The Solvency Capital Requirement is calibrated to ensure that all quantifiable risks to which the insurance or reinsurance undertaking is exposed are taken into account. It covers the current portfolio as well as the new portfolio which is expected to be underwritten within the next…

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Article R352-3 of the French Insurance Code

Insurance and reinsurance undertakings shall calculate their Solvency Capital Requirement at least once a year and transmit the result of this calculation to the Autorité de contrôle prudentiel et de résolution in accordance with the procedures set out in Article L. 355-1. Insurance and reinsurance undertakings shall hold eligible own funds which cover the last Solvency Capital Requirement submitted. Insurance and reinsurance undertakings shall continuously monitor the amount of their…

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Article R352-4 of the French Insurance Code

The Solvency Capital Requirement calculated in accordance with the standard formula is the sum of the following elements: a) The Basic Solvency Capital Requirement provided for in Article R. 352-5 ; b) The capital requirement for operational risk provided for in Article R. 352-8; c) The adjustment provided for in Article R. 352-9 to take account of the loss-absorbing capacity of the prudential technical provisions referred to in Article L….

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Article R352-5 of the French Insurance Code

I.-The Basic Solvency Capital Requirement is composed of individual risk modules which are aggregated. It comprises at least the following risk modules: a) Non-life underwriting risk; b) Life underwriting risk; c) Health underwriting risk; d) Market risk; e) Counterparty risk. The methods for aggregating the various risk modules, as well as the component of the Basic Solvency Capital relating to the risk on intangible assets, are specified in Article 87…

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