Section II: Portfolio transfers between supplementary occupational pension funds and institutions for occupational retirement provision established in a Member State of the European Union or in a State party to the Agreement on the European Economic Area

Institutions for occupational retirement provision which have their registered office or main administration in another Member State of the European Union or in another State party to the Agreement on the European Economic Area may be authorised, under the conditions defined in this section, 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,…

The transfer of a portfolio of contracts referred to in article L. 370-6 is subject to the prior agreement of the members and policyholders. For each contract, this agreement takes the form of: 1° A decision submitted to the general meeting when the contract is taken out by an association; 2° An agreement from the subscriber referred to in 1° of Article L. 143-1 and the beneficiaries, employees or, where…

In the case of a portfolio transfer referred to in the first paragraph of Article L. 370-6, the application file is sent by the supplementary occupational pension fund to the Autorité de contrôle prudentiel et de résolution. Upon receipt of this application, the Autorité will immediately transfer it to the competent authority of the State in which the institution for occupational retirement provision is authorised in order to obtain its…

In the case of a portfolio transfer as referred to in the second paragraph of Article L. 370-6, the Autorité de contrôle prudentiel et de résolution receives the file provided by the institution for occupational retirement provision from the competent authority of the State in which the institution is authorised. Creditors are notified of the transfer request by a notice published in the Journal officiel de la République française. This…