Instruction No. 2019-I-23 of June 3, 2019, regarding the questionnaire on commercial practices and customer protection (repealed)

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2019-I-23 regarding the questionnaire on commercial practices and customer protection

The Prudential Control and Resolution Authority (ACPR), Having regard to the Monetary and Financial Code, particularly Articles L. 612-1, L. 612-2 and L. 612-24; Having regard to the Insurance Code, particularly Articles L. 354-1, L. 354-2, L. 354-3, R. 354-1, R. 354-4, R. 354-4-1, R. 354-5 and R. 354-7; Having regard to the Mutual Code, particularly Articles L. 211-12 and R. 211-14; Having regard to the Social Security Code, particularly Articles L. 931-7 and R. 931-3-45-2; Having regard to the Order of November 3, 2014, relating to internal control of companies in the banking, payment services and investment services sector subject to the control of the Prudential Control and Resolution Authority; Having regard to the opinion of the Commercial Practices Advisory Committee of May 9, 2019; Having regard to the opinion of the Prudential Affairs Advisory Committee of May 27, 2019, DECIDES

Article 1: The following are hereinafter referred to as "subject entities":

• Credit institutions, with the exception of establishments and branches approved to exercise their activities in the Principality of Monaco, as well as establishments whose approval is limited to the services of clearing of financial instruments and custody;

• Financing companies, with the exception of financing companies approved to issue, as their main activity, guarantees;

• Entities mentioned in point 5 of Article L. 511-6 of the Monetary and Financial Code;

• Companies exercising direct insurance activity mentioned in Article L. 310-1 of the Insurance Code and companies mentioned in the last paragraph of the same article, with the exception of insurance entities not falling under the so-called "Solvency II" regime within the meaning of Articles L. 310-3-1 and L. 310-3-2 of the Insurance Code;

• Mutual societies and unions that carry out operations falling under point 1 of I of Article L. 111-1 of the Mutual Code, with the exception of entities totally substituted and entities not falling under the so-called "Solvency II" regime within the meaning of Articles L. 211-10 and L. 211-11 of the Mutual Code;

• Provident institutions and unions that carry out operations falling under Article L. 931-1 of the Social Security Code, with the exception of entities not falling under the so-called "Solvency II" regime within the meaning of Articles L. 931-66 and L. 931-6-1 of the Social Security Code;

• Persons mentioned in Article L. 612-2 III of the Monetary and Financial Code exercising in France under the freedom of establishment.

Article 2: Subject entities must respond to the questionnaire on activities and commercial practices and on customer protection rules set out in Annex 1 for the banking sector, or in Annex 2, for the insurance sector, under the conditions specified in Articles 3, 4 and 5 of this instruction. The questionnaire consists of a core form and thematic forms, attached to this instruction, organized as follows:

• For the banking sector: a core form, a Daily Banking form, a Credit form, a Savings form;
• For the insurance sector: a core form, a Life Insurance form, a Health/Provident Insurance form, a Property Insurance form. The frequency of the questionnaire is annual. The information contained in the responses to the questionnaire sent in year N is finalized as of December 31 of the N-1 fiscal year.

Article 3: By way of derogation from Article 2, the following subject entities are exempt from responding to the questionnaire, with the exception of Part I of the core form (Identification Data):

• For entities in the banking sector: o Entities that are exclusively in contact with a client base consisting of credit institutions and/or financing companies and/or payment institutions and/or insurance entities and/or entities belonging to the same group; o All entities regarding their investment banking and financing activity.
• For subject entities in the insurance sector: o Insurance entities whose activity relates exclusively to large risks within the meaning of Article L.111-6 of the Insurance Code.

Article 4: Subject entities are required to respond to the core form.

• Only representative entities are required to complete each of the thematic forms. The representativeness of entities is established, for each theme, with regard to the criteria defined below, so that the entities completing each thematic form represent, collectively, 80% of the corresponding market shares.
• Regarding entities in the banking sector, representativeness is assessed according to the following criteria: o for the form titled "Daily Banking": number of deposit accounts o for the form titled "Savings": number of savings contracts o for the form titled "Credit": outstanding consumer loans and/or outstanding mortgage loans
• Regarding entities in the insurance sector, representativeness is assessed according to the following criteria: o for the form titled "Life Insurance": premiums collected and/or mathematical provisions o for the form titled "Health / Provident": premiums collected and/or number of insured persons o for the form titled "Property Insurance", premiums collected

Furthermore, when an entity belonging to a group is subject to a thematic form, each entity of this same group is then required to respond to the corresponding form in its own questionnaire.

Article 5: The questionnaire is available on the electronic portal "OneGate" of the Bank of France, for completion. It must be submitted exclusively in the electronic form provided, by each subject holding an interbank code for entities in the banking sector and by each subject holding a SIREN number for entities in the insurance sector.

The response to the questionnaire is validated by a senior manager or by the person, duly authorized by the latter, having the competence and a position in the establishment, or in an entity of the same group, allowing them to commit to the quality and reliability of the information they are asked to validate. Regardless of any delegations granted, the aforementioned managers remain responsible for the quality and reliability of the information transmitted on their behalf and are able to proceed under their own validation to the transmission of information. The response to the questionnaire is submitted to the ACPR no later than June 30 of each year.

Article 6: This instruction repeals Instruction No. 2017-I-21 as of its publication in the Official Register of the Prudential Control and Resolution Authority.

Paris, June 3, 2019 The President, [François VILLEROY de GALHAU]