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Section V: Provisions relating to the opening of a branch and the exercise of the freedom to provide services.

Article L321-11 of the French Insurance Code

The Autorité de contrôle prudentiel et de résolution shall ensure that any insurance undertaking referred to in Article L. 310-3-1 which intends to open a branch, to carry on business for the first time under the freedom to provide services in the territory of another Member State of the European Union, or to change the nature or conditions under which such business is carried on, has a system of governance…

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Article L321-11-1 of the French Insurance Code

When the Autorité de contrôle prudentiel et de résolution is informed by the supervisory authority of a host Member State where an insurance or reinsurance undertaking with its head office in France operates under the freedom to provide services or the freedom of establishment, that this undertaking does not comply with the legal provisions of that Member State and has not complied with the injunction to do so addressed to…

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Article L321-11-2 of the French Insurance Code

The Autorité de contrôle prudentiel et de résolution shall inform the European Insurance and Occupational Pensions Authority and the supervisory authority of the host Member State concerned where it detects a deterioration in the financial operating conditions or other emerging risks arising from activities which are carried out by an insurance or reinsurance undertaking authorised in France and operating under the freedom to provide services or the freedom of establishment…

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Article L321-11-3 of the French Insurance Code

In the situations provided for in the last two paragraphs of Article L. 321-1, in Article L. 321-1-1 or in Article L. 321-11-2, the Autorité de contrôle prudentiel et de résolution may set up a collaboration platform with the supervisory authorities concerned to strengthen the exchange of information and improve collaboration between these supervisory authorities. In the same situations, the Autorité de contrôle prudentiel et de résolution may ask the…

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Article L321-12 of the French Insurance Code

Any insurance undertaking whose registered office is in France and which participates in the cover of a large risk as defined in Article L. 111-6 and situated in the European Union under a co-insurance transaction carried out under the freedom to provide services, and where at least one of the participants is not established in the same Member State of the European Union as the lead insurer, is exempt, if…

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