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Article R326-4 of the French Insurance Code

In the event of the implementation of a reorganisation measure or the opening of winding-up proceedings in respect of an insurance undertaking whose head office is situated in a Member State of the European Union, the appointment of an administrator or liquidator by the home Member State is established by the presentation of a certified copy of the original instrument appointing him or of any other certificate drawn up by…

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Article R*327-1 of the French Insurance Code

For reinsurance transactions, the amount of the provisions corresponding to the claim guaranteed by the lien or legal mortgage referred to in Articles L. 327-1, L. 327-2 and L. 327-3 is set at an amount equal to the difference between the amount of the technical provisions, as defined in Title IV of Book III of this Code, which appear as liabilities on the assignee’s last balance sheet in respect of…

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Article R328-1 of the French Insurance Code

Any manager of a company subject to State control by virtue of article L. 310-1 or 1° of III of article L. 310-1-1 is liable to a fine for a fifth-class offence: 1° Disregarding the obligations or prohibitions resulting from articles R. 321-17-1, R. 321-28, R. 322-3, R. 322-8 (1st paragraph), R. 322-73 (1st paragraph), R. 326-1, R. 331-1, R. 332-1 and R. 329-4 ; 2° (Repealed) 3° Failing to…

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Article R328-2 of the French Insurance Code

For the purposes of applying the penalties listed in this chapter, the following are deemed to be company directors: the chairman and managing director, the chairman, the directors, the managing directors, the deputy managing directors, the directors, the members of the supervisory board and the management board, the managers, and any de facto director of a French company, and, in the case of a foreign company, the managing director or…

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Article R329-1 of the French Insurance Code

The administrative authorisation provided for in Article L. 329-1 is issued to branches of undertakings referred to in 4° of Article L. 310-2, under the conditions set out in Articles R. 321-1, R. 321-3, R. 321-5, R. 321-14, R. 321-16 to R. 321-18, if this undertaking is authorised to carry on insurance business under the national legislation to which it is subject and if it undertakes to establish at the…

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Article R329-2 of the French Insurance Code

The general representative of the branches of undertakings referred to in 4° of Article L. 310-2, if a natural person, must reside within the territory of a Member State. If the authorised representative is a legal entity, its registered office must be located within the territory of a Member State, and the natural person appointed to represent it must satisfy the conditions laid down in the following paragraphs and, in…

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Article R329-3 of the French Insurance Code

Under the conditions laid down in this chapter, the Autorité de contrôle prudentiel et de résolution authorises branches of undertakings referred to in 4° of Article L. 310-2 to transfer all or part of their portfolio of contracts to a transferee undertaking established on French territory, where the Autorité certifies that the transferee undertaking has, taking into account the transfer, sufficient eligible own funds to cover the Solvency Capital Requirement…

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Article R329-4 of the French Insurance Code

I.-Branches of undertakings referred to in 4° of Article L. 310-2 shall establish adequate technical provisions to cover the insurance and reinsurance obligations underwritten on French territory, calculated in accordance with the provisions of Section I of Chapter I of Title V of this Book, with the exception of Articles L. 351-4 and L. 351-5 and value their assets and liabilities in accordance with the procedures set out in Section…

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