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Article L328-2 of the French Insurance Code

Any person who has been convicted pursuant to article L. 328-1 may not be employed in any capacity whatsoever in the company in which he held executive or management functions, or of which he was a member of the board of directors or supervisory board, or of which he was a signatory, nor in the subsidiaries of this company which are subject to State control pursuant to article L. 310-1….

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Article L328-3 of the French Insurance Code

The provisions of articles L. 242-2, L. 242-6 (2° to 4°), L. 242-8, L. 242-25 and L. 242-28 of the French Commercial Code are applicable to insurance undertakings, even where they are not automatically subject to these provisions. The foregoing provisions apply to reinsurance undertakings.

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Article L328-4 of the French Insurance Code

Articles L. 626-2 to L. 626-5, L. 626-12 and L. 626-16 to L. 626-19 of the French Commercial Code are applicable to any person with direct or indirect authority to bind an insurance undertaking, including in particular the authorised agent of a foreign insurance undertaking established in the territory of the French Republic, even where they are not automatically subject to them.

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Article L328-5 of the French Insurance Code

Any breach of the provisions of 7° of I of article L. 311-30 and of articles L. 322-1, L. 322-2-2 and L. 322-4 of this Code, as well as of 7° of I of article L. 612-33 of the Monetary and Financial Code, is punishable by the penalties set out in article L. 310-26.

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Article L328-13 of the French Insurance Code

In the event of liquidation carried out under the conditions provided for in Article L. 326-1, the following provisions shall apply: 1° If the financial situation of the company dissolved following the total withdrawal of administrative approval shows a shortfall in assets compared with the liabilities to be settled during the liquidation, the court may, in the event of mismanagement having contributed to this shortfall in assets, decide at the…

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Article L329-1 of the French Insurance Code

The undertakings referred to in 4° of I of Article L. 310-2 may not carry on the operations referred to in Article L. 310-1 in the territory of the French Republic unless they have obtained administrative authorisation for their branch, issued in accordance with the provisions of Article L. 321-1 and Article L. 321-10, and special authorisation to accept a general agent. These approvals are granted by the Autorité de…

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Article L329-2 of the French Insurance Code

Where an undertaking referred to in 4° of I of Article L. 310-2 has branches established in more than one Member State, each branch is treated independently for the purposes of applying the provisions relating to reorganisation and winding-up measures.

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Article L329-3 of the French Insurance Code

Branches of foreign companies established in the territory of the French Republic referred to in 4° of I of article L. 310-2 appoint one or more statutory auditors. The statutory auditors shall certify the annual accounts of the branches in accordance with the conditions set out in the first paragraph of article L. 823-9 of the Commercial Code.

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