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Article R351-10 of the French Insurance Code

When calculating their prudential technical provisions, within the meaning of Article L. 351-2, insurance and reinsurance undertakings shall take account of the value of financial guarantees and any options included in their contracts. Any assumptions made by insurance and reinsurance undertakings concerning the likelihood of policyholders, contract holders, beneficiaries and reinsured undertakings exercising the options available to them, including reduction and surrender rights, must be realistic and based on current…

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Article R351-11 of the French Insurance Code

When calculating their prudential technical provisions within the meaning of Article L. 351-2, insurance and reinsurance undertakings segment their commitments into homogeneous risk groups and, at a minimum, by lines of business as defined in Article 55 of Commission Delegated Regulation (EU) No 2015/35 of 10 October 2014.

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Article R351-12 of the French Insurance Code

When calculating claims arising from reinsurance contracts and securitisation vehicles, insurance and reinsurance undertakings shall comply with Articles L. 351-2 and R. 351-2 to R. 351-11. They take into account the time lag between recoveries and direct payments. The result of this calculation is adjusted to take account of probable losses due to counterparty default. This adjustment is based on an assessment of the probability of default by the counterparty…

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Article R351-13 of the French Insurance Code

Insurance and reinsurance undertakings must put in place internal processes and procedures to ensure the appropriateness, completeness and accuracy of the data used in the calculation of their prudential technical provisions referred to in Article L. 351-2. Where, in particular circumstances, as defined in Article 19 of Commission Delegated Regulation (EU) No 2015/35 of 10 October 2014, insurance and reinsurance undertakings do not have sufficient data of appropriate quality to…

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Article R351-14 of the French Insurance Code

Insurance and reinsurance undertakings shall put in place processes and procedures to ensure that their best estimates and the assumptions underlying the calculation of their best estimates are regularly compared with experience. Where this comparison reveals a systematic difference between experience and the company’s best estimate calculations, the company shall make the appropriate adjustments to the actuarial methods used or assumptions made.

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Article R351-15 of the French Insurance Code

At the request of the Autorité de contrôle prudentiel et de résolution, insurance and reinsurance undertakings shall demonstrate the appropriateness of the level of their prudential technical provisions referred to in Article L. 351-2, as well as the applicability and relevance of the methods they apply and the adequacy of the underlying statistical data they use.

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Article R351-16 of the French Insurance Code

I.-In each currency, the calculation of the adjustment referred to in Article L. 351-4 corresponds to a fraction of the difference between: 1° the interest rate determined by the insurance or reinsurance undertaking in accordance with the provisions in force at 31 December 2015; and 2° The effective annual rate, calculated as the single discount rate which, if applied to the cash flows of the portfolio of eligible insurance and…

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Article R351-17 of the French Insurance Code

I.-The transitional deduction referred to in Article L. 351-5 corresponds to a fraction of the difference between the following two amounts: a) the technical provisions after deduction of receivables arising from reinsurance contracts and securitisation vehicles, calculated in accordance with Article L. 351-2, as at 1 January 2016; and b) Technical provisions after deduction of receivables arising from reinsurance contracts, calculated in accordance with the provisions in force at 31…

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Article R351-18 of the French Insurance Code

The core capital referred to in Article L. 351-6 is made up of the following elements: 1° The excess of assets over prudential liabilities, valued in accordance with sections 1 and 2 of this chapter; 2° Subordinated liabilities. The surplus referred to in 1° is reduced by the amount of its own shares held by the insurance or reinsurance undertaking. Where appropriate, original own funds shall be adjusted taking into…

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Article R351-19 of the French Insurance Code

The ancillary own funds referred to in article L. 351-6 consist of items other than core own funds which may be called up to absorb losses. Ancillary own funds may include the following items, insofar as they are not elements of own funds: a) The unpaid portion of share capital or the initial fund which has not been called up; b) Letters of credit and guarantees; c) Any other legally…

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