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Section VI: Provisions relating to the resolution procedure

Article L311-18 of the French Insurance Code

I.-The supervisory board and the members mentioned in 1° and 2° of I of Article L. 612-8-1 of the Monetary and Financial Code may refer the situation of a person mentioned in Article L. 311-1 to the resolution board of the Autorité de contrôle prudentiel et de résolution with a view to implementing one or more resolution measures. However, in the case provided for in 6° of II of this…

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Article L311-19 of the French Insurance Code

Without prejudice to the provisions of Article L. 325-1, the resolution board may decide to withdraw all or part of the authorisation of a person subject to resolution proceedings, where appropriate after implementing resolution measures. The decision to fully withdraw the authorisation of this person does not automatically result in the dissolution of the undertaking. Judicial liquidation, governed by Chapter VI of Title II of Book III of this Code,…

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Article L311-22 of the French Insurance Code

I.-When implementing a resolution measure in respect of a person referred to in Article L. 311-1, the College of Resolution shall ensure the continuity of the critical functions resulting from the activity of this person, avoid or reduce the negative effects on financial stability, protect the resources of the State from recourse to exceptional public financial aid and protect the rights of policyholders, subscribers, members and beneficiaries of guarantees. The…

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Article L311-23 of the French Insurance Code

No provision or stipulation may be invoked against the collège de résolution, the application of which would have the effect of hindering a resolution measure. In particular, the collège de résolution is exempt from the obligation to obtain the authorisation or agreement of any French public authority or any private person that the planned transaction would have required if it had been carried out outside a resolution procedure. Private persons…

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Article L311-24 of the French Insurance Code

Where the implementation of a resolution measure involves the granting of an authorisation or approval, the supervisory board shall take a decision as soon as possible in order not to compromise the implementation of this measure. Where such a measure involves the granting of an authorisation for the purposes of establishment in a State which is not a party to the European Economic Area, the Autorité de contrôle prudentiel et…

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Article L311-26 of the French Insurance Code

Without prejudice to Articles L. 142-9, L. 612-17 and L. 632-1 A of the French Monetary and Financial Code, Articles L. 311-18, L. 311-58, L. 421-9-5 and L. 423-6 of this Code, Article L. 431-6 of the French Mutual Code and Article L. 931-40 of the French Social Security Code, all persons who have directly or indirectly contributed to the performance of the missions defined in 4° of II. 641-1…

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