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Title VII: Institutions for occupational retirement provision established in another Member State of the European Union or in another State party to the Agreement on the European Economic Area

Article R370-2 of the French Insurance Code

The provisions of 1° of Article R. 332-3-1 apply to the portion of the institution’s assets corresponding to the operations mentioned in Article L. 370-2. In addition, all securities issued, loans obtained or guaranteed and deposits placed with undertakings belonging to the same group within the meaning of Article L. 356-1 may not exceed 10% of the said portion of assets.

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Article R370-3 of the French Insurance Code

The balance sheet value of the shares and units referred to in 6°, 7° to 7°c of Article R. 332-2 and of any other security not admitted to trading on a regulated market may not exceed 30% of the dispersion base defined in Article R. 332-3 and applied to the portion of the institution’s assets corresponding to the operations referred to in Article L. 370-2.

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Article R370-5 of the French Insurance Code

Where an institution referred to in Article L. 370-1 offers services not covered by Article L. 370-2, the Autorité de contrôle prudentiel et de résolution, without prejudice to the second paragraph of Article L. 370-4, shall immediately inform the competent authority of the State in which the institution is authorised. This article does not apply to the operations referred to in Title VI.

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Article R370-6 of the French Insurance Code

When the supervisory authority decides to initiate disciplinary proceedings under Article L. 370-4, it shall immediately inform the competent authority of the State concerned. Such proceedings shall be conducted in accordance with the conditions laid down in Section 3 of Chapter II of Title I of Book III.

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Article R370-8 of the French Insurance Code

I.-The agreement of the subscriber referred to in 2° of article L. 370-7 is constituted, when the contract is subscribed by a group of employers, by the agreement of this group, when the latter represents the majority of the beneficiaries of the pension commitments linked to employers whose companies are not in liquidation. When the agreement of the subscriber cannot be obtained because the companies of the employers concerned are…

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Article R370-9 of the French Insurance Code

The file referred to in 1° of article L. 370-8 shall include the following information: 1° The written agreement between the supplementary occupational pension fund and the institution for occupational retirement provision, which must specify the terms and conditions of the transfer; 2° A description of the main characteristics of the contracts transferred; 3° A description of the commitments and technical provisions to be transferred, the other obligations and rights…

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Article R370-10 of the French Insurance Code

I. – When a transfer operation referred to in the first paragraph of Article L. 370-6 leads a supplementary occupational pension fund to provide occupational pension services in the territory of another Member State of the European Union or in another State party to the Agreement on the European Economic Area, the Autorité de contrôle prudentiel et de résolution shall transmit to this fund the information referred to in I…

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