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Article R385-16-2 of the French Insurance Code

I.-The same person may be responsible, within a supplementary occupational pension fund, for several of the key functions mentioned in Article L. 354-1, with the exception of the internal audit function, which is independent of the other key functions. When the person responsible for a key function carries out an activity within a company or association which has entered into a contract with the supplementary occupational pension fund, this activity…

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Article R385-17 of the French Insurance Code

I. – Articles R. 355-1, R. 355-1-1 and R. 355-6 are applicable to supplementary occupational pension funds. For the application of the previous paragraph, the reference to article L. 355-1 is replaced by the reference to article L. 385-6 and the reference to article R. 355-7 is replaced by the reference to article R. 385-18. II. – The results of the stress tests referred to in Article L. 385-3 are…

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Article R385-18 of the French Insurance Code

The report on the solvency and financial situation referred to in Article L. 385-7 is approved by the Board of Directors or the Supervisory Board. It contains the following information, either in full or by direct and precise reference to information which is equivalent, both in nature and scope, to that published pursuant to other legislative or regulatory provisions: 1° A description of the business and results of the supplementary…

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Article R385-19 of the French Insurance Code

I. – Articles R. 355-9 and R. 355-12 are applicable to supplementary occupational pension funds. For the application of these provisions : 1° The following should be understood: “supplementary occupational pension funds” where “insurance or reinsurance undertakings” are mentioned; 2° The reference to Article L. 355-5 is replaced by the reference to Article L. 385-7 and the reference to Article R. 355-7 is replaced by the reference to Article R….

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Article R385-20 of the French Insurance Code

Major events, within the meaning of Article L. 385-7, are at least those which have one of the following characteristics: a) When a deviation from the guarantee fund is observed and the Autorité de contrôle prudentiel et de résolution is not provided with a short-term financing plan as referred to in Article L. 385-8 within one month of the date on which the deviation was observed. In this case, the…

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Article R385-21 of the French Insurance Code

Supplementary occupational pension funds may decide to publish in the report on their solvency and financial position referred to in Article L. 385-7 any information or explanations relating to their solvency and financial position other than those already required to be published pursuant to Articles L. 385-7 and R. 385-18 to R. 385-20, under the conditions specified by Article 298 of Commission Delegated Regulation (EU) 2015/35 of 10 October 2014…

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Article R385-22 of the French Insurance Code

I. – When the solvency margin of a supplementary occupational pension fund does not reach the regulatory amount, the Autorité de contrôle prudentiel et de résolution requires a recovery plan, which must be submitted for its approval within one month. II. – When the solvency margin of a supplementary occupational pension fund does not reach the guarantee fund, or if the fund is not constituted in accordance with the regulations,…

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Article R385-23 of the French Insurance Code

I. – When the Autorité de contrôle prudentiel et de résolution requires a supplementary occupational pension fund to submit a recovery plan pursuant to Article L. 612-32 of the Monetary and Financial Code, a recovery plan pursuant to Article L. 385-8 of this Code or a short-term financing plan pursuant to the same Article, the plan must include, in particular, a detailed description of the following items for the next…

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Article R385-24 of the French Insurance Code

When the Autorité de contrôle prudentiel et de résolution temporarily suspends, restricts or prohibits the free disposal of all or part of the assets of a supplementary occupational retirement fund, a supplementary occupational retirement mutual insurer or union or an institution for supplementary occupational retirement pursuant to Article L. 612-33 of the French Monetary and Financial Code, it may also register the mortgage referred to in Article L. 327-3 of…

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Article R385-25 of the French Insurance Code

I. – When, as part of the results of the stress tests mentioned in Article L. 385-3, a supplementary occupational pension fund presents, for one of the projected financial years and one of the scenarios mentioned in a and b of Article R. 385-4, a negative difference between its solvency margin constituted on one of the dates and the maximum of its minimum required solvency margin and its guarantee fund…

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