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Article L382-4 of the French Insurance Code

Any supplementary occupational pension fund intending to provide IORP services in the territory of another Member State of the European Union shall notify the Autorité de contrôle prudentiel et de résolution for each provision of service involving a separate underwriter. Unless it has reason to believe that the administrative structures or the financial situation of the undertaking are not compatible with the operations offered in the other State, the Authority…

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Article L383-1 of the French Insurance Code

Without prejudice to Article L. 612-39 of the Monetary and Financial Code, the administrative authorisation provided for in Article L. 382-1 of this Code may be withdrawn by the Autorité de contrôle prudentiel et de résolution in the event of a prolonged absence of activity, a breach of the balance between the financial resources of the supplementary occupational pension fund and its activity or, if the general interest so requires,…

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Article L384-1 of the French Insurance Code

Insurance undertakings and their branches mentioned in 1° of Article L. 310-2 as well as the French branches of insurance undertakings mentioned in 4° of the same Article may be authorised, under the conditions defined in Article L. 324-1, to transfer all or part of their portfolio of contracts offering the benefits mentioned in Article L. 381-1 to one or more supplementary occupational pension funds, mutual insurers or supplementary occupational…

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Article L384-2 of the French Insurance Code

Supplementary occupational pension funds may be authorised, under the conditions defined in Article L. 324-1, to transfer all or part of their portfolio of contracts to insurance companies and their branches mentioned in 1° of Article L. 310-2 as well as to French branches of insurance companies mentioned in 4° of the same article, to mutual insurance companies or unions governed by Book II of the Mutual Code or to…

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Article L384-3 of the French Insurance Code

Supplementary occupational pension funds may be authorised, under the conditions defined in Article L. 324-1, to transfer all or part of their portfolio of contracts to one or more supplementary occupational pension funds, mutual insurance companies or supplementary occupational pension unions referred to in Article L. 214-1 of the French Mutual Code and institutions for supplementary occupational retirement provision referred to in Article L. 942-1 of the French Social Security…

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Article L384-4 of the French Insurance Code

I. – When the mergers or demergers referred to in article L. 236-1 of the French Commercial Code involve transfers of contract portfolios carried out under the conditions provided for in article L. 384-3 of this Code, articles L. 228-65, L. 228-73, L. 236-13, L. 236-14, L. 236-15, L. 236-18 and L. 236-21 of the French Commercial Code do not apply. II. – When the merger or demerger does not…

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Article L384-5 of the French Insurance Code

I. – The assets transferred with a portfolio of supplementary occupational pension contracts by a life insurance or capitalisation undertaking or a supplementary occupational pension fund are allocated to a separate accounting section of the balance sheet of the undertaking or fund receiving the contracts. For the purpose of calculating the participation in profits relating to these assets provided for in article L. 132-29, no account is taken of the…

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Article L385-3 of the French Insurance Code

Each year, supplementary occupational pension funds carry out a stress test designed to assess their ability to meet their commitments to their policyholders, members and participants, particularly in certain scenarios representing deteriorated market conditions.

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