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Chapter II: Crisis prevention and management measures

Article L311-1 of the French Insurance Code

The provisions of this chapter apply to the following persons: 1° The undertakings carrying on direct insurance business referred to in Article L. 310-1, with the exception of those not covered by the Solvency II regime referred to in Article L. 310-3-2 ; 2° Undertakings referred to in Article L. 310-1-1 carrying on reinsurance business and whose head office is located in France; 3° Insurance group companies referred to in…

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Article L311-2 of the French Insurance Code

The expression “critical functions” refers to the activities, services or operations of a person mentioned in Article L. 311-1 with the following characteristics: they are provided by this person to third parties that are not linked to it; the inability of this person to continue them would be likely to have a significant impact on financial stability or the real economy; this person cannot be replaced for their provision at…

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Article L311-3 of the French Insurance Code

In carrying out the duties referred to in 4° of II of Article L. 612-1 of the Monetary and Financial Code and performed for the insurance sector, the supervisory board and the resolution board of the Autorité de contrôle prudentiel et de résolution shall take into account, in particular, the nature of the activities and risk profile of the person concerned, its legal form, the complexity of its activities and,…

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Article L311-5 of the French Insurance Code

I.-The following are subject to the obligation to draw up and maintain a preventive recovery plan: 1° The persons referred to in Article L. 311-1, whose total assets, assessed in accordance with the provisions of Title V of Book III, have exceeded a threshold set by order of the Minister for the Economy at least once in the last three financial years; 2° The persons referred to in Article L….

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Article L311-6 of the French Insurance Code

The supervisory board examines individual and group preventive recovery plans after an adversarial procedure. If the board considers that a plan has significant shortcomings, it notifies the person who submitted the plan of its decision and invites him to submit, within a period of two months, extendable by one month, an amended plan to remedy these shortcomings. If the College considers that the plan submitted to it at the end…

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Article L311-7 of the French Insurance Code

A decree of the Conseil d’Etat shall specify the conditions for the application of this section, in particular the procedures for the examination of plans by the supervisory board and the exemption of their presentation by the same board.

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Article L311-8 of the French Insurance Code

I.-The collège de résolution shall draw up individual or group preventive resolution plans only for persons required to draw up a preventive recovery plan pursuant to the provisions of I of Article L. 311-5. It draws up these plans after receiving the opinion of the supervisory board. These plans provide for the resolution measures likely to be implemented, in application of section 6, when the conditions for triggering a resolution…

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Article L311-9 of the French Insurance Code

The resolution college shall notify the supervisory college of the plans it has drawn up or updated pursuant to Article L. 311-8. The resolution college shall communicate, as the case may be, to the person referred to in I of Article L. 311-8 or to the parent undertaking of that person a summary of the main measures provided for by the plan applicable to them and which may not be…

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