Call Us + 33 1 84 88 31 00

Article A421-4-1 of the French Insurance Code

Auxiliary accounts are kept in a third section of the accounts of the guarantee fund for compulsory non-life insurance, entitled “Transactions resulting from the extinction of the financing of statutory annuity increases”. For this auxiliary accounting, the following is established a) A section in the income statement ; b) Specific asset and liability accounts in the balance sheet; c) An appendix containing a summary statement of transactions carried out during…

Read More »

Article A421-4-2 of the French Insurance Code

The liabilities of this section comprise, on the one hand, the reserve related to operations resulting from the extinction of the financing of statutory annuity increases and, on the other hand, debts on repayment of statutory annuity increases attributable to insurance bodies. The reserve is called the “special amortisation reserve”. The assets of this section consist of balance sheet assets allocated to the financing of statutory annuity increases and receivables…

Read More »

Article A421-4-3 of the French Insurance Code

The income statement for this section shows in detail the income from the contribution provided for inArticle L. 421-6-1 of the French Insurance Code, the cost of reimbursing statutory annuity increases and the related management and administration expenses. The income from the rights attached to the assets held to represent the fund’s commitments for this section is taken into account in full in this section.

Read More »

Article A421-4-5 of the French Insurance Code

For the entire asset portfolio, the guarantee fund only invests in assets and instruments with risks that it can identify, measure, monitor, manage, control and report adequately. All assets are invested in such a way as to guarantee both the security, quality, liquidity and profitability of the portfolio as a whole and the financial capacity of the guarantee fund to carry out its public service missions. In addition, the location…

Read More »

Article A421-4-6 of the French Insurance Code

Derivatives may be used insofar as they help to reduce risk or promote efficient portfolio management. Investments and assets not admitted to trading on a regulated market are maintained at prudent levels. Assets are appropriately diversified so as to avoid excessive dependence on any one asset, issuer or group of companies or any one geographical area and to avoid excessive accumulation of risk in the portfolio as a whole. Investments…

Read More »

Article A421-4-7 of the French Insurance Code

The composition of the guarantee fund’s investment portfolio may not exceed the following ceilings: 1° 40% for all listed shares ; 2° 6% for unlisted equities ; 3° 6% for all unlisted infrastructure investments (in capital); 4° 20% for real estate investments; 5° 5% for economic loan funds. These ceilings are assessed at market value. If one of these ceilings is exceeded, the guarantee fund implements a strategy as soon…

Read More »

Article A421-4-8 of the French Insurance Code

The guarantee fund shall adopt a governance framework providing for a division of tasks and responsibilities and the necessary delegations to ensure effective implementation of the investment strategy. It shall adopt internal control standards in order to verify the compatibility between the investment strategy, its implementation and the rules established by Article R. 421-47 and this paragraph. It shall adopt any rules or procedures necessary to ensure compliance with these…

Read More »

Article A421-5 of the French Insurance Code

All income and expenses relating to the intervention of the guarantee fund, in the event of the withdrawal of authorisation of an insurance undertaking covering, on the territory of the French Republic, risks covered by compulsory insurance of land motor vehicles and their trailers and semi-trailers, are recorded in a specific section of its accounts entitled “Operations of the guarantee fund resulting from the withdrawal of authorisation of motor insurance…

Read More »

Article A421-6 of the French Insurance Code

The operations of the guarantee fund relating to the assumption of responsibility for the losses referred to in article L. 211-1, in the event of the withdrawal of authorisation from an insurance undertaking, are shown on the liabilities side of the balance sheet by the special reserve referred to in II of article L. 421-10 and the technical provisions relating to compensation for these losses. The assets side of the…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.