Article R385-13 of the French Insurance Code
November 7, 2023
Articles R. 332-45 to R. 332-58 apply to supplementary occupational pension funds.
Articles R. 332-45 to R. 332-58 apply to supplementary occupational pension funds.
I. – Chapter VIII of Title I of Commission Delegated Regulation (EU) 2015/35 of 10 October 2014 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II), in the version in force on the date of publication of Decree 2017-1171 of 18 July 2017 laying down the rules applicable to supplementary occupational pension funds, shall…
Where supplementary occupational pension funds use references to credit ratings issued by credit rating agencies within the meaning of Article 3(1)(b) of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies, the Autorité de contrôle prudentiel et de résolution, taking into account the nature, scale and complexity of such transactions, shall monitor the adequacy of the credit assessment processes…
I. – Articles R. 354-2-1, R. 354-3-2 and R. 354-3-3 do not apply to supplementary occupational pension funds. II. – For the application of article R. 354-3 to supplementary occupational pension funds, the following definitions apply 1° “Solvency requirements referred to in Section 2 of Chapter V of Title VIII of Book III” where “capital requirements referred to in Chapter II of this Title” are mentioned; 2° “Requirements relating to…
In addition to the requirements set out in Article R. 354-3, the report on the internal assessment of the risks and solvency of a supplementary occupational pension fund referred to in I of Article L. 385-6 shall include: 1° A description of how the internal assessment of risks is integrated into the management process and the fund’s decision-making procedures; 2° An assessment of the effectiveness of the risk management system;…
I.-The same person may be responsible, within a supplementary occupational pension fund, for several of the key functions mentioned in Article L. 354-1, with the exception of the internal audit function, which is independent of the other key functions. When the person responsible for a key function carries out an activity within a company or association which has entered into a contract with the supplementary occupational pension fund, this activity…
I. – Articles R. 355-1, R. 355-1-1 and R. 355-6 are applicable to supplementary occupational pension funds. For the application of the previous paragraph, the reference to article L. 355-1 is replaced by the reference to article L. 385-6 and the reference to article R. 355-7 is replaced by the reference to article R. 385-18. II. – The results of the stress tests referred to in Article L. 385-3 are…
The report on the solvency and financial situation referred to in Article L. 385-7 is approved by the Board of Directors or the Supervisory Board. It contains the following information, either in full or by direct and precise reference to information which is equivalent, both in nature and scope, to that published pursuant to other legislative or regulatory provisions: 1° A description of the business and results of the supplementary…
I. – Articles R. 355-9 and R. 355-12 are applicable to supplementary occupational pension funds. For the application of these provisions : 1° The following should be understood: “supplementary occupational pension funds” where “insurance or reinsurance undertakings” are mentioned; 2° The reference to Article L. 355-5 is replaced by the reference to Article L. 385-7 and the reference to Article R. 355-7 is replaced by the reference to Article R….
Major events, within the meaning of Article L. 385-7, are at least those which have one of the following characteristics: a) When a deviation from the guarantee fund is observed and the Autorité de contrôle prudentiel et de résolution is not provided with a short-term financing plan as referred to in Article L. 385-8 within one month of the date on which the deviation was observed. In this case, the…
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75001, Paris France
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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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