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Article L324-1 of the French Insurance Code

French insurance undertakings and their branches referred to in 1° of Article L. 310-2 as well as French branches of insurance undertakings referred to in 3° and 4° of the same Article may be authorised, under the conditions defined in this Article, to transfer all or part of their portfolio of contracts, covering risks or commitments situated in the territory of a Member State of the European Union with its…

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Article L324-1-1 of the French Insurance Code

For the purposes of Article L. 324-1, the mutual insurers and associations referred to in Article L. 211-8 of the Mutual Code and the provident institutions or associations referred to in Article L. 931-4 of the Social Security Code are treated in the same way as insurance undertakings authorised in accordance with Article L. 321-1.

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Article L324-1-2 of the French Insurance Code

The reinsurance undertakings referred to in 1° of III of Article L. 310-1-1, or their branches, may be authorised, under the conditions defined in the second paragraph, to transfer all or part of their portfolio of contracts or claims to be paid to one or more reinsurance or insurance undertakings having their head office in France or in another Member State of the European Union, one or more provident institutions…

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Article L324-2 of the French Insurance Code

When the merger operations referred to in Article L. 236-1 of the Commercial Code or the demerger operations referred to in Article L. 236-18 of the same Code involve transfers of the portfolio of contracts carried out under the conditions provided for in Article L. 324-1, the provisions of Articles L. 228-65, L. 228-73, L. 236-14, L. 236-15, L. 236-16, L. 236-23 and L. 236-26 of the said Code do…

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Article L324-3 of the French Insurance Code

Where the merger or demerger does not involve the transfer of a portfolio of policies in accordance with Article L. 324-1, the undertakings governed by this Book are required to submit a declaration to the Autorité de contrôle prudentiel et de résolution, together with all relevant documents, setting out the aims and terms of the proposed transaction one month before its final completion. During this period, the Autorité de contrôle…

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Article L324-5 of the French Insurance Code

When an undertaking is subject to an ex officio portfolio transfer procedure, the Autorité de contrôle prudentiel et de résolution may, if it considers that the natural or legal persons, other than the agents and employees of insurance undertakings, through whom contracts covering the risks referred to in Articles L. 421-9 and L. 423-1 have been presented or underwritten, have behaved in a way that has contributed to the difficulties…

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Article L324-7 of the French Insurance Code

The assets transferred with a portfolio of contracts by a life assurance or capitalisation undertaking are allocated to a separate accounting section of the balance sheet of the undertaking receiving the contracts. For the purposes of calculating the participation in profits relating to these assets provided for in article L. 132-29, no account is taken of the respective size of the shareholders’ equity and commitments to policyholders appearing on the…

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