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Article R311-5 of the French Insurance Code

When a person referred to in Article L. 311-1 crosses a threshold applicable to it, among those mentioned in I of Article L. 311-5, it shall inform the supervisory board within one month of this crossing. This person has a period of one year, from the date of the quarterly close recording that the threshold has been exceeded, to draw up a preventive recovery plan under the conditions provided for…

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Article R311-6 of the French Insurance Code

When, pursuant to II of Article L. 311-5, the supervisory board asks a person to draw up a preventive recovery plan, that person has eighteen months to draw up the plan. This period may be reduced to six months by the supervisory board if it considers that this person is likely, within one year, to no longer comply with the conditions of its authorisation provided for in Article L. 321-10…

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Article R311-7 of the French Insurance Code

An order of the Minister for the Economy specifies the financial and organisational elements concerning the person in question and the impact of its situation on the financial system and the real economy, on which the College of Resolution must base its analysis of the resolvability of a person concerned, for the purposes of the assessment mentioned in I of Article L. 311-11, including when this assessment concerns several entities…

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Article R311-8 of the French Insurance Code

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…

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Article R311-9 of the French Insurance Code

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…

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Article R311-10 of the French Insurance Code

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…

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Article R311-11 of the French Insurance Code

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…

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Article R311-12 of the French Insurance Code

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.

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Article R311-13 of the French Insurance Code

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°,…

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Article R311-14 of the French Insurance Code

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.

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