If the mandataire général referred to in article L. 362-1 is a natural person, he must have his domicile and reside on French territory. He must be vested with sufficient powers by the company concerned to bind it in relation to third parties and to represent it in relation to the French authorities and courts. He must meet the requirements of competence and good repute mentioned in article L. 322-2….
The Autorité de contrôle prudentiel et de résolution shall notify the European Commission, where applicable, of the measures taken pursuant to the second and fourth paragraphs of Article L. 363-4.
Where the Autorité de contrôle has required an insurance or reinsurance undertaking to submit a recovery plan in accordance with Article L. 612-32 of the Monetary and Financial Code , and that undertaking proposes to take over all or part of the portfolio of an undertaking having its head office in another Member State or another State party to the Agreement on the European Economic Area, it shall refrain from…
To enable the insurance undertakings involved in a co-insurance transaction to benefit from the exemption provided for in Article L. 365-1, the transaction must meet the following conditions: 1° The risk is covered by a single contract in return for an overall premium for the same duration ; 2° The insurers are not jointly and severally liable; 3° One of the insurers is designated as the lead insurer: this insurer…
The Autorité de contrôle prudentiel et de résolution works closely with the European Commission to examine any difficulties that may arise in the implementation of Article L. 365-1, in particular with regard to the exercise of the leading role assigned to the lead manager and the conditions under which insurers participate in covering the risk.
The transactions referred to in article L. 370-2 are subject to this Title. Articles R. 143-2 to R. 143-5 apply to these transactions.
The provisions of 1° of Article R. 332-3-1 apply to the portion of the institution’s assets corresponding to the operations mentioned in Article L. 370-2. In addition, all securities issued, loans obtained or guaranteed and deposits placed with undertakings belonging to the same group within the meaning of Article L. 356-1 may not exceed 10% of the said portion of assets.
The balance sheet value of the shares and units referred to in 6°, 7° to 7°c of Article R. 332-2 and of any other security not admitted to trading on a regulated market may not exceed 30% of the dispersion base defined in Article R. 332-3 and applied to the portion of the institution’s assets corresponding to the operations referred to in Article L. 370-2.
The institutions referred to in Article L. 370-1 may not cover up to 30% of the commitments relating to these operations with matching assets.
Where an institution referred to in Article L. 370-1 offers services not covered by Article L. 370-2, the Autorité de contrôle prudentiel et de résolution, without prejudice to the second paragraph of Article L. 370-4, shall immediately inform the competent authority of the State in which the institution is authorised. This article does not apply to the operations referred to in Title VI.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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