French Business Law - French Legislation

Article R311-8 of the French Insurance Code

November 7, 2023

I.-When the resolution board finds that the conditions mentioned in 1° to 4° of III of Article L. 311-18 have been met for a person mentioned in Article L. 311-1, it shall inform that person without delay in accordance with the procedures specified inArticle R. 612-9 of the Monetary and Financial Code. When, pursuant to the last paragraph of the same III, the resolution college provisionally takes the protective measures…

Article R311-9 of the French Insurance Code

November 7, 2023

The mandate of the resolution administrator referred to in I of Article L. 311-29 shall take into account the situation of the person in resolution. It shall specify the powers transferred to the administrator, the scope of the administrator’s mission and, where applicable, the administrator’s decisions subject to the prior approval of the resolution college. The mandate also specifies the duration of the assignment and the terms of remuneration of…

Article R311-10 of the French Insurance Code

November 7, 2023

When the collège de résolution temporarily suspends, restricts or prohibits the free disposal of all or part of the assets of a person subject to resolution proceedings, pursuant to 6° of Article L. 311-30, it may prescribe, in accordance with the procedures set out inArticle R. 612-9 of the Monetary and Financial Code, any issuing entity or custodian to refuse the execution of any transaction involving accounts or securities belonging…

Article R311-11 of the French Insurance Code

November 7, 2023

Without prejudice to the provisions of Article L. 311-29, any compensation paid in consideration for a transfer carried out pursuant to 3° and 4° of Article L. 311-30, Article L. 311-36, Article L. 311-42, Article L. 311-48 or Article L. 311-50 shall be paid by the acquirer: 1° To the owners of the equity securities mentioned in Chapter II of Title I of Book II of the Monetary and Financial…

Article R311-12 of the French Insurance Code

November 7, 2023

When the collège de résolution issues the injunction provided for in 3° of Article L. 311-30, 1° of I of Article L. 311-42 and 1° of I of Article L. 311-48 to a person mentioned in I of Article L. 311-1, it shall be regularly informed by the person concerned, in accordance with the procedures it has defined, of transactions relating to the transfer of insurance policy portfolios.

Article R311-13 of the French Insurance Code

November 7, 2023

When the resolution college issues a call for tenders under the measures provided for in Article L. 311-31, II of Article L. 311-42 and II of Article L. 311-48 with a view to transferring a portfolio of insurance contracts, the person concerned shall make available to the candidates for transfer the information mentioned in I of Article R. 612-31-2 of the Monetary and Financial Code. The person mentioned in 1°,…

Article R311-14 of the French Insurance Code

November 7, 2023

The decision of the collège de résolution to extend, pursuant to Article L. 311-39, the deadline for withdrawing the authorisation of the bridge institution, shall be based on an assessment of the situation of the bridge institution and the market conditions and outlook justifying the extension of the activity of this institution.

Article R311-15 of the French Insurance Code

November 7, 2023

When the authorisation of a bridge institution is withdrawn in accordance with article L. 311-39, any liquidation surplus reverts to the holders of the institution’s equity securities.

Article R311-16 of the French Insurance Code

November 7, 2023

Where the assets and liabilities of several persons subject to resolution proceedings have been transferred to the same bridge institution, the winding-up proceedings referred to in Chapter VI of Title II of Book III shall apply separately to the assets and liabilities of each of these persons and not to the bridge institution itself. The assets concerned are identified individually in the accounts of the bridge facility. They are subject…

Article R311-17 of the French Insurance Code

November 7, 2023

Measures taken by the resolution board pursuant to Articles L. 311-29 to L. 311-48 may be relied on against third parties without further formality, as soon as they are published on the website of the Autorité de contrôle prudentiel et de résolution. The date and time of publication shall be mentioned. The Autorité guarantees effective public access to the website and continuity of the online publication of the above-mentioned information…

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Section 3: Provisions relating to the resolution procedure

Article R311-8 of the French Insurance Code

Article R311-9 of the French Insurance Code

Article R311-10 of the French Insurance Code

Article R311-11 of the French Insurance Code

Article R311-12 of the French Insurance Code

Article R311-13 of the French Insurance Code

Article R311-14 of the French Insurance Code

Article R311-15 of the French Insurance Code

Article R311-16 of the French Insurance Code

Article R311-17 of the French Insurance Code

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Section 3: Provisions relating to the resolution procedure

Contact a French lawyer now

Contact a French Business Lawyer

Do you need French-law advice? Contact our Lawyers in France.

Our attorneys will contact you promptly within 24h. All information exchanged through this website will be communicated to attorneys only, and will remain confidential.

We Solve Legal & Tax Issues in France

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