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Article R385-19 of the French Insurance Code

I. – Articles R. 355-9 and R. 355-12 are applicable to supplementary occupational pension funds. For the application of these provisions : 1° The following should be understood: “supplementary occupational pension funds” where “insurance or reinsurance undertakings” are mentioned; 2° The reference to Article L. 355-5 is replaced by the reference to Article L. 385-7 and the reference to Article R. 355-7 is replaced by the reference to Article R….

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Article R385-20 of the French Insurance Code

Major events, within the meaning of Article L. 385-7, are at least those which have one of the following characteristics: a) When a deviation from the guarantee fund is observed and the Autorité de contrôle prudentiel et de résolution is not provided with a short-term financing plan as referred to in Article L. 385-8 within one month of the date on which the deviation was observed. In this case, the…

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Article R385-21 of the French Insurance Code

Supplementary occupational pension funds may decide to publish in the report on their solvency and financial position referred to in Article L. 385-7 any information or explanations relating to their solvency and financial position other than those already required to be published pursuant to Articles L. 385-7 and R. 385-18 to R. 385-20, under the conditions specified by Article 298 of Commission Delegated Regulation (EU) 2015/35 of 10 October 2014…

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Article R385-22 of the French Insurance Code

I. – When the solvency margin of a supplementary occupational pension fund does not reach the regulatory amount, the Autorité de contrôle prudentiel et de résolution requires a recovery plan, which must be submitted for its approval within one month. II. – When the solvency margin of a supplementary occupational pension fund does not reach the guarantee fund, or if the fund is not constituted in accordance with the regulations,…

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Article R385-23 of the French Insurance Code

I. – When the Autorité de contrôle prudentiel et de résolution requires a supplementary occupational pension fund to submit a recovery plan pursuant to Article L. 612-32 of the Monetary and Financial Code, a recovery plan pursuant to Article L. 385-8 of this Code or a short-term financing plan pursuant to the same Article, the plan must include, in particular, a detailed description of the following items for the next…

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Article R385-24 of the French Insurance Code

When the Autorité de contrôle prudentiel et de résolution temporarily suspends, restricts or prohibits the free disposal of all or part of the assets of a supplementary occupational retirement fund, a supplementary occupational retirement mutual insurer or union or an institution for supplementary occupational retirement pursuant to Article L. 612-33 of the French Monetary and Financial Code, it may also register the mortgage referred to in Article L. 327-3 of…

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Article R385-25 of the French Insurance Code

I. – When, as part of the results of the stress tests mentioned in Article L. 385-3, a supplementary occupational pension fund presents, for one of the projected financial years and one of the scenarios mentioned in a and b of Article R. 385-4, a negative difference between its solvency margin constituted on one of the dates and the maximum of its minimum required solvency margin and its guarantee fund…

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