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Article R356-1 of the French Insurance Code

I.-The composition of the college of supervisors referred to in Article L. 356-7-1 includes the group supervisor, the supervisory authorities of all the Member States in which the subsidiary insurance and reinsurance undertakings have their registered office and the European Insurance and Occupational Pensions Authority in accordance with Article 21 of Regulation (EU) No 1094/2010 of 24 November 2010. The Autorité de contrôle prudentiel et de résolution in its capacity…

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Article R356-2 of the French Insurance Code

I.-The coordination agreements mentioned in III of Article L. 356-7-1 specify the procedures applied by the supervisory authorities concerned: 1° For decisions relating to applications for approval of internal models and the level of supplementary capital requirements, in accordance with Articles R. 356-20 to and R. 356-21; 2° For decisions relating to the appointment of the group supervisor; 3° For the information given by the group supervisor when the group…

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Article R356-3 of the French Insurance Code

I.-In order to ensure that all the authorities concerned have the same relevant information available, without prejudice to their respective responsibilities and regardless of whether or not they are established in the same Member State, the Autorité de contrôle prudentiel et de résolution shall exchange such information with the other supervisory authorities concerned in order to enable and facilitate the performance of their supervisory tasks. To this end, the Autorité…

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Article R356-4 of the French Insurance Code

I.-Without prejudice to the provisions of Article L. 356-7, the Autorité de contrôle prudentiel et de résolution shall consult, within the college of supervisors, the supervisory authorities concerned on any decision of importance for the supervisory tasks of these authorities, relating to: 1° Changes to the shareholder structure, organisation or management of the insurance or reinsurance undertakings in a group, requiring the approval or authorisation of the supervisory authorities; 2°…

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Article R356-5 of the French Insurance Code

Where the Autorité de contrôle prudentiel et de résolution is a group supervisor pursuant to Article L. 356-6 without the parent undertaking being located in France, it may invite the supervisory authority of the Member State in which the parent undertaking has its registered office to request from the parent undertaking all information relevant to the exercise of its rights and obligations of coordination, as defined in Article L. 356-7,…

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Article R356-5-1 of the French Insurance Code

When the Autorité de contrôle prudentiel et de résolution asks a competent authority of another Member State to carry out on-site inspections of an insurance or reinsurance undertaking or of a person linked to it, pursuant to the first paragraph of Article L. 632-12 of the Monetary and Financial Code, in accordance with one of the procedures provided for in Article L. 612-26 of the same code, or when the…

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Article R356-5-2 of the French Insurance Code

Where a request by the Autorité de contrôle prudentiel et de résolution to a competent authority of another Member State to carry out on-site inspections of an insurance or reinsurance undertaking or a person linked to it, pursuant to the first paragraph of Article L. 632-12 of the Monetary and Financial Code, in accordance with one of the procedures provided for in Article L. 612-26 of the same code has…

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Article R356-6 of the French Insurance Code

I.-The equivalence of group supervision exercised by a supervisory authority of a third country to that mentioned in Article L. 356-11 may be determined by a delegated act of the Commission adopted pursuant to paragraphs 3 and 5 of Article 260 of Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 (Solvency II). II – Where no delegated act has been adopted by the Commission,…

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Article R356-7 of the French Insurance Code

I.-For the application of Article L. 356-12, insurance or reinsurance undertakings shall apply either the general principles and methods mentioned in Articles L. 356-6 to L. 356-10 and L. 356-15 to L. 356-24 at the level of the parent undertaking in the third country in accordance with the procedures set out in II, or one of the methods set out in III. II.For the sole purpose of calculating group solvency,…

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Article R356-8 of the French Insurance Code

Articles R. 356-9 to R. 356-22 apply to the participating and parent undertakings mentioned respectively in the second and third paragraphs of Article L. 356-2. For the purposes of the solvency calculation referred to in the first paragraph of Article R. 356-10, the parent undertaking referred to in the third paragraph of Article L. 356-2 is treated as an insurance or reinsurance undertaking subject to the rules laid down in…

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