Regulatory Alerts2018-07-11
Instruction No. 2018-I-17 of July 11, 2018 repealing Instruction No. 2017-I-04 regarding prudential document transmission by non-Solvency II insurance and reinsurance undertakings to the ACPR
The Autorité de Contrôle Prudentiel et de Résolution (ACPR) issued Instruction No. 2018-I-17 to repeal Instruction No. 2017-I-04 and establish updated prudential reporting requirements for insurance and reinsurance entities not subject to the Solvency II regime. The instruction mandates that these entities transmit specific quarterly and annual documents to the ACPR, either by post or electronic transmission, with quantitative data submitted using ACPR-provided templates in euros. Additionally, mutuals that have entered into substitution agreements for all their operations are exempt from direct transmission obligations, as their substituting entity must provide the documents electronically.
PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY
Instruction No. 2018-I-17 repealing Instruction No. 2017-I-04 regarding the transmission to the Prudential Control and Resolution Authority of prudential documents by insurance and reinsurance undertakings not subject to the so-called "Solvency II" regime
The Prudential Control and Resolution Authority (ACPR), Having regard to the Monetary and Financial Code, particularly Article L. 612-24; Having regard to the Insurance Code, particularly Article L. 310-3-2; Having regard to the Mutual Code, particularly Articles L. 212-1; Having regard to the Social Security Code, particularly Articles L. 931-6-1 and L. 931-9; Having regard to Decree No. 2015-1121 of September 4, 2015, amending the statistical statements of insurance companies, mutuals, and provident institutions regarding complementary social protection; Having regard to the Order of June 24, 2008, defining the procedures for transmitting data related to medical liability to the ACPR; Having regard to Instruction No. 2017-I-02 regarding the transmission of quarterly statements by insurance undertakings not subject to the so-called "Solvency II" regime; Having regard to Instruction No. 2018-I-16 regarding annual prudential documents to be communicated by undertakings subject to ACPR supervision not subject to the so-called "Solvency II" regime; Having regard to the opinion of the Consultative Commission on Prudential Affairs dated June 20, 2018.
DECIDES
Article 1 This Instruction applies to undertakings not subject to the so-called "Solvency II" regime within the meaning of:
- Article L. 310-3-2 of the Insurance Code;
- Article L. 211-11 of the Mutual Code;
- Article L. 931-6-1 of the Social Security Code.
Article 2 Undertakings subject to the provisions of Article 1 that have not concluded a substitution agreement for all their operations must communicate to the General Secretariat of the ACPR the information: 1° Defined in the aforementioned ACPR Instruction No. 2017-I-02; 2° Defined in the aforementioned Instruction No. 2018-I-16; The information communicated to the ACPR must be signed in paper format and sent by post, as well as by electronic transmission in a computerized format.
Article 3 Mutuals and unions governed by Book II of the Mutual Code that have concluded a substitution agreement for all their operations carried out pursuant to Article L. 211-5 are not subject to the obligation to transmit the documents mentioned in Instruction No. 2018-I-16. These documents must, however, be communicated by the entity that has substituted for them via electronic transmission in a computerized format.
Article 4 For the electronic transmission of quantitative information, undertakings must use the computerized models made available by the ACPR on its website and submit monetary values in euros. Annual files sent by post must be communicated to the following address: SGACPR Insurance Control Brigade 4, place de Budapest 75436 Paris cedex 09
Article 5 This Instruction repeals Instruction No. 2017-I-04 and enters into force on the day of its publication.
Paris, July 11, 2018
For the Insurance Sectoral Sub-College The President, [Bernard DELAS]