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Article L310-13 of the French Insurance Code

The Autorité de contrôle prudentiel et de résolution may require the modification or decide the withdrawal of any document which is contrary to legislative and regulatory provisions, with the exception of documents of a contractual or advertising nature for the undertakings mentioned in 1° of III of Article L. 310-1-1 . In such cases, it shall rule in accordance with the conditions laid down inArticle L. 612-35 of the Monetary…

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Article L310-25 of the French Insurance Code

Judicial reorganisation or liquidation proceedings instituted by the aforementioned law no. 85-98 of 25 January 1985 may only be opened in respect of a company mentioned in article L. 310-1 at the request of the Autorité de contrôle prudentiel et de résolution; the court may also initiate proceedings of its own motion or be requested to do so by the public prosecutor after receiving the assent of the Autorité de…

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Article L310-25-1 of the French Insurance Code

Safeguard, receivership and compulsory liquidation proceedings instituted by Titles II, III and IV of Book VI of the Commercial Code may only be opened in respect of a reinsurance undertaking mentioned in 1° of III of Article L. 310-1-1 after receiving the opinion of the Autorité de Contrôle. The president of the court may only be seised of a request to open the conciliation procedure instituted by Title I of…

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Article L310-25-2 of the French Insurance Code

In the case of insurance undertakings whose head office is located within the territory of another Member State of the European Union, the Autorité de contrôle prudentiel et de résolution may request information on the conduct of the winding-up proceedings from the supervisory authorities of the home Member State.

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Article L310-27 of the French Insurance Code

Carrying out any of the operations mentioned in 1°, 2° and 3° of Article L. 310-1 on French territory without complying with the provisions of Articles L. 310-2 and L. 310-6 or with the provisions of I of Article L. 310-2-3 is punishable by three years’ imprisonment and a fine of 75,000 euros. Carrying out one of the operations mentioned in I of article L. 310-1-1 on the territory of…

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Article L310-28 of the French Insurance Code

The fact, for any manager of a société de groupe d’assurance or of a société de groupe mixte d’assurance defined in Article L. 322-1-2, of a mixed financial holding company defined in Article L. 517-4 of the Monetary and Financial Code, of a company mentioned in Article L. 214-190 of the Monetary and Financial Code or of a company subject to State supervision by virtue of Article L. 310-1 or…

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Article L311-1 of the French Insurance Code

The provisions of this chapter apply to the following persons: 1° The undertakings carrying on direct insurance business referred to in Article L. 310-1, with the exception of those not covered by the Solvency II regime referred to in Article L. 310-3-2 ; 2° Undertakings referred to in Article L. 310-1-1 carrying on reinsurance business and whose head office is located in France; 3° Insurance group companies referred to in…

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Article L311-2 of the French Insurance Code

The expression “critical functions” refers to the activities, services or operations of a person mentioned in Article L. 311-1 with the following characteristics: they are provided by this person to third parties that are not linked to it; the inability of this person to continue them would be likely to have a significant impact on financial stability or the real economy; this person cannot be replaced for their provision at…

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Article L311-3 of the French Insurance Code

In carrying out the duties referred to in 4° of II of Article L. 612-1 of the Monetary and Financial Code and performed for the insurance sector, the supervisory board and the resolution board of the Autorité de contrôle prudentiel et de résolution shall take into account, in particular, the nature of the activities and risk profile of the person concerned, its legal form, the complexity of its activities and,…

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