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Title VI: Freedom of establishment and freedom to provide Community services

Article L362-1 of the French Insurance Code

Any insurance undertaking whose head office is located within the territory of a Member State of the European Union may establish a branch within the territory of the French Republic which carries out the operations referred to in Article L. 310-1 for which it has received authorisation from the supervisory authorities of its home State, provided that the Autorité de contrôle prudentiel et de résolution has first received the required…

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Article L362-2 of the French Insurance Code

Any insurance undertaking whose head office is situated in the territory of a Member State of the European Union other than France, established in a Member State other than France, may cover or take on risks or commitments in the territory of the French Republic, under the freedom to provide services from this establishment, in accordance with the authorisations granted to it by the supervisory authorities of its home State,…

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Article L362-3 of the French Insurance Code

Any insurance undertaking whose registered office is located in the territory of a Member State of the European Union other than France and which provides cover in the territory of the French Republic under the freedom to provide services for civil liability risks arising from the use of land motor vehicles shall appoint a representative in France to handle claims in respect of such risks, excluding the carrier’s civil liability….

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Article L362-4 of the French Insurance Code

Transactions carried out in accordance with the provisions of Articles L. 362-1 and L. 362-2 are not subject to the provisions of Titles II to V of this Book. A decree of the Conseil d’Etat shall specify, where necessary, the obligations to which the undertakings referred to in articles L. 362-1 and L. 362-2 are subject for reasons of general interest.

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Article L363-1 of the French Insurance Code

With a view to exercising control over insurance and reinsurance undertakings whose registered office is located in the territory of a Member State of the European Union other than France, and by way of derogation from the provisions of article 1 bis of law no. 68-678 of 26 July 1968 relating to the communication of documents and information of an economic, commercial, industrial, financial or technical nature to natural or…

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Article L363-2 of the French Insurance Code

At the justified request of the supervisory authority of the home Member State of the undertakings, the Autorité de contrôle prudentiel et de résolution shall restrict or prohibit the free disposal of all or part of those assets of insurance or reinsurance undertakings whose head office is situated within the territory of a Member State of the European Union other than France which are located within the territory of the…

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Article L363-3 of the French Insurance Code

Any insurance or reinsurance undertaking whose head office is located in the territory of a Member State of the European Union other than France operating in the territory of the French Republic under the right of establishment or the freedom to provide services must be able to communicate at any time all documents and information enabling it to demonstrate that it is complying with its obligations under this code. It…

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Article L363-4 of the French Insurance Code

Where an insurance or reinsurance undertaking operating within the territory of the French Republic under the freedom to provide services or the freedom of establishment does not comply with the rules which apply to it, the Autorité de contrôle prudentiel et de résolution shall order the undertaking concerned to put an end to this irregular situation. If the undertaking does not comply with the injunction thus addressed to it, the…

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Article L363-5 of the French Insurance Code

If, where France is the host Member State, the Autorité de contrôle prudentiel et de résolution considers that the activities of an insurance or reinsurance undertaking could jeopardise its financial soundness, it shall inform the supervisory authority of the undertaking’s home Member State.

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Article L364-1 of the French Insurance Code

The transfer of all or part of a portfolio of insurance contracts concluded in the territory of the French Republic under the right of establishment or the freedom to provide services from an insurance undertaking in the European Union to an assignee established in a Member State of the European Union or to an assignee authorised in accordance with the provisions of articles L. 321-7 and L. 329-1 may be…

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