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Title III: Prudential regime applicable to companies not covered by the Solvency 2 regime

Article A332-1 of the French Insurance Code

I.-The guarantee or equivalent undertaking referred to in the third paragraph of article R. 332-17 must : -be governed by French law and, in the event of a dispute, be subject to the exclusive jurisdiction of the French courts; -constitute an irrevocable and unconditional first demand guarantee. II – The guarantor credit institution referred to in the third paragraph of article R. 332-17 must meet the following conditions: 1° The…

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Article A332-2 of the French Insurance Code

I.-The risk analysis and measurement system referred to in Article R. 332-13 is described in the internal control report referred to in Article R. 336-1 and comprises : 1° A written loan investment policy defining the insurance undertaking’s exposure limits by credit risk category; 2° A credit risk selection procedure comprising : a) The compilation of credit files designed to collect all qualitative and quantitative information on counterparties; b) A…

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Article A332-3 of the French Insurance Code

The liabilities of an economic loan fund referred to in article R. 332-14-2 may take one of the following forms: 1° Units, giving rise to identical rights to capital and interest, resulting either from one or more issues with a nominal value at issue of at least 30 million euros, or from an issue programme with a minimum value of at least 30 million euros; 2° Bonds, giving rise to…

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Article A332-4 of the French Insurance Code

When a securitisation undertaking or a specialised professional investment fund has several sub-funds, the application of the rules mentioned in articles R. 332-14-2 and A. 332-3 of the Insurance Code is assessed on a sub-fund-by-sub-fund basis. An undertaking may, at any time, have one or more sub-funds which meet the characteristics of economic loan funds and one or more sub-funds which do not.

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Article A332-7 of the French Insurance Code

I.-The undertakings referred to in article L. 310-3-2 are able to estimate at any time the impact on their commitments to policyholders and reinsured undertakings and on the realisable value of their assets referred to in 1° to 13° of article R. 332-2 and in article R. 332-5 , as well as their forward financial instruments, of any assumption regarding changes in interest rates and the securities, real estate and…

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Article A334-1 of the French Insurance Code

I.-The preference shares included in the solvency margin referred to in 1 of I of articles R. 334-3 and R. 334-11 must meet the following conditions: a) These shares carry financial rights defined by the Articles of Association; the payments corresponding to these rights are equivalent to a fraction of the distributable profit for the financial year, within the meaning ofarticle L. 232-11 of the French Commercial Code ; b)…

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