In order to grant a reinsurance undertaking the administrative authorisation provided for in Article L. 321-1-1, the Autorité de contrôle prudentiel et de résolution des entreprises d’assurance shall verify that the following conditions are met:
1° The undertaking limits its object to the business of reinsurance and related operations ;
2° The technical and financial resources which the undertaking proposes to implement are sufficient and appropriate in the light of its programme of operations;
3° The persons entrusted with the management of the undertaking are of good repute and have the necessary competence and experience for their position;
4° The distribution of the company’s capital and the status of its shareholders or, in the case of the companies referred to in Article L. 322-26-1, the mutual insurers and associations referred to in Article L. 211-8-1 of the Mutual Code and the provident institutions or associations referred to in Article L. 931-4-1 of the Social Security Code, the procedures for constituting the establishment fund guarantee sound and prudent management;
5° The system of governance complies with the provisions of Articles L. 354-1 to L. 354-3;
6° The undertaking holds the eligible basic own funds necessary to meet the absolute floor of the minimum capital requirement provided for in Article L. 352-5;
7° The undertaking demonstrates that it is in a position to hold the eligible basic own funds necessary to permanently hold the minimum capital requirement provided for in Article L. 352-5;
8° The undertaking demonstrates that it is able to hold the eligible own funds necessary to permanently hold the Solvency Capital Requirement provided for in Article L. 352-1.
The granting of authorisation may be subject to compliance with undertakings given by the applicant undertaking.
The Autorité de contrôle prudentiel et de résolution shall refuse authorisation where the exercise of the supervisory mission of the undertaking is likely to be hindered either by the existence of direct or indirect capital or control links between the applicant undertaking and other natural or legal persons, or by the existence of legislative, regulatory or administrative provisions of a State which is not a party to the Agreement on the European Economic Area and to which one or more of these persons belong.
The Autorité de contrôle prudentiel et de résolution sets the list of documents to be produced in support of an application for authorisation submitted in accordance with the provisions of Article L. 321-1-1.