The provisions of the second paragraph of I of Article R. 322-161 are applicable to the insurance group companies referred to in Article L. 322-1-3 which are not mutual insurance group companies as defined in the third paragraph of that Article.
I.-The affiliation agreement referred to in the first paragraph of Article L. 322-1-3 contains a description of the links, obligations, commitments and cost-sharing arrangements or any other form of cooperation between an insurance group company and the affiliated undertaking. It must include an undertaking by the affiliated undertaking to make any withdrawal subject to compliance with the conditions set out in the second paragraph of I of Article R. 322-161….
The competence requirement referred to in VII of Article L. 322-2 shall be assessed in accordance with Article 258 of Commission Delegated Regulation (EU) No 2015/35 of 10 October 2014, without prejudice to the provisions of Article R. 322-11-6.
The Managing Director, the Deputy Managing Director(s) and the members of the Management Board effectively manage the company within the meaning of article L. 322-3-2. The Board of Directors or the Supervisory Board may also designate one or more natural persons, who are not mentioned in the previous paragraph, in particular the Chairman of the Board of Directors, as effective managers. These persons must have a sufficiently broad area of…
When it decides to implement one of the reorganisation measures defined in Article L. 323-8, the Autorité de contrôle prudentiel et de résolution : 1° As a matter of urgency, inform the competent authorities of the other Member States of the European Union or parties to the Agreement on the European Economic Area ; 2° Publish this decision in the Official Journal of the French Republic and the Official Journal…
I.-The participation of an insurance undertaking in a trust contract formed for the purpose of reorganisation pursuant to Article L. 311-41 is valued for the purposes of Article R. 351-1 as a participation whose valuation, in accordance with Article 13 of Commission Regulation 2015/35 of 10 October 2014, corresponds to the net value of the share of the trust assets on which the liability of the trustee-beneficiary is engaged. II.Where,…
The decision of the Autorité de contrôle prudentiel et de résolution provided for in Article L. 324-5 shall be made after the measures provided for in Article L. 612-33, 14° of the Monetary and Financial Code, Article L. 311-30, 4° of the Monetary and Financial Code, Article L. 311-35 or Article L. 311-42 of this Code have been taken, following the inspection to which the Autorité may subject a person…
Where authorisation is withdrawn pursuant to the provisions of Article L. 325-1 or 6° or 7° of Article L. 612-39 of the Monetary and Financial Code , or where the Autorité de contrôle prudentiel et de résolution has established that authorisations have lapsed pursuant to Article L. 321-10-2, it shall immediately inform the competent authorities concerned in the other Member States. When the Autorité de contrôle prudentiel et de résolution…
Before withdrawing the authorisation provided for in Article L. 325-1 or in this Code or in Articles 6 or 7 of Article L. 612-39 of the Monetary and Financial Code, in the case of an undertaking authorised in accordance with the provisions of Article L. 321-7, the Autorité de contrôle prudentiel et de résolution shall consult the supervisory authority of the State in which the registered office of the undertaking…
If the withdrawal of authorisation referred to in Article L. 325-1 or in this Code or in Articles 6 or 7 of Article L. 612-39 of the Monetary and Financial Code concerns an undertaking referred to in 4° of Article L. 310-2 and which is subject to an overall solvency check carried out by the Autorité de contrôle prudentiel et de résolution, the authority withdrawing the authorisation shall inform the…
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is a Registered Trademark of
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75001, Paris France
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