A decision by the Autorité de contrôle prudentiel et de résolution, under the conditions set out in Article L. 325-1 or Article L. 612-39 of the Monetary and Financial Code, to completely withdraw the administrative authorisation of an insurance undertaking automatically entails, as from the date of its publication, if it concerns an undertaking having its registered office in France, the dissolution of the undertaking or, if it concerns an undertaking not having its registered office in France, the liquidation of the assets and liabilities of the special balance sheet of its operations in France.
In both cases, the judicial liquidation is opened at the request of the Autorité de contrôle prudentiel et de résolution. It is governed by Chapter II of Title II of Book VI of the Commercial Code, subject to the provisions of this Chapter.
The Autorité de contrôle prudentiel et de résolution appoints a liquidator, who is responsible for verifying insurance claims, as well as the inventory of assets directly linked to liabilities, such as claims against policyholders, cedants, reinsurers and co-insurers.
At the same time, the competent court appoints as liquidator, at the time of the opening judgment, one or more court-appointed agents, who may be chosen from outside the list of court-appointed agents for the recovery and liquidation of companies. This liquidator is responsible for the inventory of the other assets and for the liquidation operations.
By the same decision, the court appoints a juge-commissaire responsible for supervising the liquidation operations; this judge is assisted in the performance of his duties by one or more commissaires (supervisory auditors) appointed by the Autorité de contrôle prudentiel et de résolution.