Regulatory Alerts2021-12-16
Instruction No. 2021-I-23 of December 16, 2021 Amending Instruction No. 2015-I-12 Regarding Communication of the International Legal Entity Identifier to the ACPR by Insurance Undertakings
The French Prudential Supervision and Resolution Authority (ACPR) issued Instruction No. 2021-I-23 to update the scope and reporting requirements for the Legal Entity Identifier (LEI) under its previous 2015 directive. The amended instruction expands the list of obligated entities to include specific insurance companies, securitization vehicles, mutuals, and pension institutions, requiring them to declare their LEI to the ACPR. It further mandates that all covered entities display their LEI on all documents submitted to the authority and establishes a standardized electronic submission process via the ACPR authorization portal.
PRUDENTIAL SUPERVISION AND RESOLUTION AUTHORITY
Instruction No. 2021-I-23 amending Instruction No. 2015-I-12 of April 21, 2015 regarding the communication to the ACPR of the international "Legal Entity Identifier" by insurance undertakings
The Prudential Supervision and Resolution Authority, Having regard to the Monetary and Financial Code, in particular Articles L. 612-2 and L. 612-24; Having regard to the Recommendation of the European Systemic Risk Board of September 24, 2020 concerning the identification of legal entities (CERS/2020/12); Having regard to the Guidelines on the use of the Legal Entity Identifier (LEI) by the European Insurance and Occupational Pensions Authority (EIOPA) of October 20, 2014; Having regard to Instruction No. 2015-I-12 dated April 21, 2015 regarding the communication to the ACPR of the international "Legal Entity Identifier" by insurance undertakings; Having regard to the opinion of the Prudential Affairs Advisory Commission of November 16, 2021, DECIDES
Article 1: Article 1 of the aforementioned Instruction No. 2015-I-12 is replaced by the following provisions:
"This Instruction applies, for French companies and branches, to: 1° Undertakings referred to in points 1°, 3°, and 4° of Article L. 310-2 of the Insurance Code; 2° Undertakings referred to in paragraph II of Article L. 310-1-1 of the Insurance Code; 3° Securitization vehicles referred to in Article L. 310-1-2 of the Insurance Code; 4° Mutual societies and unions governed by Book II of the Mutual Code and unions managing the federal guarantee systems referred to in Article L. 111-6 of the Mutual Code, as well as group mutual unions referred to in Article L. 111-4-2 of the same Code; 5° Provident institutions, unions, and joint provident groups governed by Title III of Book IX of the Social Security Code and social protection insurance group companies referred to in Article 931-2-2 of the Social Security Code in its version resulting from Ordinance No. 2015-378 of April 2, 2015; 6° Insurance group companies and mixed insurance group companies referred to in Article L. 322-1-2 of the Insurance Code. 7° Additional professional pension funds, additional professional pension institutions, or mutual societies or unions of additional professional pensions."
Article 2: Article 2 of the aforementioned Instruction No. 2015-I-12 is replaced by the following provisions:
"The undertakings subject to the provisions of Article 1 of this Instruction (excluding European passports) must declare their Legal Entity Identifier to the Prudential Supervision and Resolution Authority (ACPR). If the subject undertaking is a branch established in France of an establishment having its registered office outside the European Economic Area, it must also communicate to the ACPR the Legal Entity Identifier assigned, where applicable, to its parent company.
Entities having their registered office in a State party to the Agreement on the European Economic Area, acting in the form of a branch or by way of the free provision of services in France, must inform the ACPR - via their national supervisory authority - of the Legal Entity Identifier issued to them.
These entities must also communicate to the ACPR, under the same conditions, the Legal Entity Identifier assigned to their branches operating in France.
To this end, they send to the ACPR the standard file "Form for declaration of the Legal Entity Identifier" appearing in the annex to this Instruction, accompanied by supporting documentation (certificate, invoice) provided upon obtaining the identifier.
This file, duly completed and signed, must be sent to the ACPR in electronic format by depositing it on the Authorizations portal at the address: https://acpr-autorisations.banque-france.fr"
Article 3: Article 3 of the aforementioned Instruction No. 2015-I-12 is replaced by the following provisions:
"The undertakings subject to the provisions of Article 1 of this Instruction must indicate their Legal Entity Identifier to the ACPR in all documents addressed to it."
Article 4: The annex to the aforementioned Instruction No. 2015-I-12 is replaced by the annex to this Instruction.
Article 5: This Instruction enters into application the day following its publication.
Done in Paris, on December 16, 2021
For the Insurance Sectoral Sub-College The President, [Jean-Paul FAUGÈRE]