In the event of the dissolution of an undertaking referred to in 2° or 3° of Article L. 310-1 following a decision by the Autorité de contrôle prudentiel et de résolution taken pursuant to Articles L. 326-1 or L. 326-2, all policies taken out by that undertaking shall automatically cease to have effect on the fortieth day at noon, from the date of publication in the Journal officiel of the…
After publication in the Journal officiel of the decision of the Autorité de contrôle prudentiel et de résolution resulting in the dissolution of an undertaking referred to in 1° and in the last paragraph of Article L. 310-1, the contracts taken out by the undertaking shall continue to be governed by their general and special terms and conditions until the decision of the Autorité de contrôle prudentiel et de résolution…
At the request of the Autorité de contrôle prudentiel et de résolution, the court may declare null and void one or more transactions carried out by the directors of a company with a liquidator following the withdrawal of administrative authorisation, provided that the Autorité de contrôle prudentiel et de résolution can prove that the persons who contracted with the company knew that its assets were insufficient to guarantee the policyholders’…
When an undertaking is in liquidation following the withdrawal of authorisation under the provisions of Article L. 421-9, the Autorité de contrôle prudentiel et de résolution may decide, where appropriate, that natural or legal persons acting as insurance brokers through whom contracts have been taken out with that undertaking must pay to the liquidation a portion of the commissions received in any capacity whatsoever in respect of those contracts, up…
Subject to the provisions of Articles L. 326-21 to L. 326-29, the reorganisation measures defined in Article L. 323-8 and the decisions concerning the opening of winding-up proceedings taken by the competent authorities of a Member State of the European Union other than France with regard to an insurance undertaking whose head office is situated within the territory of that State produce all their effects within the territory of the…
Notwithstanding the provisions of article L. 326-20, the effects of a reorganisation measure defined in article L. 323-8 or of winding-up proceedings on the contracts and rights listed below are determined by the following rules: a) Employment contracts and employment relationships are governed exclusively by the law of the State applicable to that contract or relationship; b) A contract giving the right to enjoy or acquire real property is governed…
The adoption of a reorganisation measure as defined in Article L. 323-8 or the opening of winding-up proceedings in another Member State in respect of an insurance undertaking whose head office is situated in the territory of a Member State of the European Union other than France does not affect the rights in rem, within the meaning of the applicable law, of a creditor or a third party in respect…
The adoption of a reorganisation measure as defined in article L. 323-8 or the opening of winding-up proceedings in a Member State of the European Union other than France in respect of an insurance undertaking whose registered office is located within the territory of a Member State of the European Union other than France which has purchased an asset does not affect the seller’s rights based on a reservation of…
The provisions of the law of the Member State in which the reorganisation measure was taken or winding-up proceedings were opened in respect of an insurance undertaking whose registered office is situated within the territory of a Member State of the European Union other than France relating to the nullity, nullity, voidability or unenforceability of acts prejudicial to all creditors are not applicable, if the beneficiary of such an act…
The adoption of a reorganisation measure or the opening of winding-up proceedings in a Member State of the European Union other than France does not affect the right of a creditor to invoke the set-off of his claim against the claim of the insurance undertaking, where such set-off is permitted by the law applicable to the claim of the insurance undertaking. This provision shall not prevent the exercise of actions…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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