Regulatory Alerts2018-03-05
Instruction No. 2018-I-03 of March 5, 2018 amending Instruction No. 2016-I-07 regarding information to be transmitted to the ACPR on statutory auditors
The Autorité de Contrôle Prudentiel et de Résolution (ACPR) issued Instruction No. 2018-I-03 to amend the reporting obligations for statutory auditors under Instruction No. 2016-I-07. The amendment requires supervised entities to notify the ACPR Secretariat General of the appointment or renewal of statutory auditors within fifteen days of the competent body's decision, specifying the names of designated individuals. Furthermore, this notification must be submitted via a dedicated form on the Banque de France's OneGate portal, while previous articles detailing alternative procedures were deleted.
PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY
Instruction No. 2018-I-03 amending Instruction No. 2016-I-07 regarding information to be transmitted to the Prudential Control and Resolution Authority on statutory auditors
The Prudential Control and Resolution Authority, Having regard to the Monetary and Financial Code, in particular Articles L. 612-1 and L. 612-24; Having regard to the opinion of the Consultative Committee on Prudential Affairs dated 14 February 2018. DECIDES:
Article 1: Article 1 of Instruction No. 2016-I-07 is replaced by the following provisions:
"This Instruction applies to the persons referred to in Article L. 612-2 of the Monetary and Financial Code (hereinafter the 'supervised persons'), with the exception of the entities referred to in points 4 bis, 5, 6, 7, 11 and 12 of A of I as well as mixed insurance group companies and the persons referred to in II and III."
Article 2: Article 2 of Instruction No. 2016-I-07 is replaced by the following provisions:
"Supervised persons shall inform the Secretariat General of the Prudential Control and Resolution Authority (ACPR) of the appointment of one or more statutory auditors, whether it be an initial appointment or a renewal of a previous mandate, within fifteen days following the decision of the competent body. Where the statutory auditor is a natural person or a single-member company, the name(s) of the designated principal and alternate statutory auditor(s) who are natural persons shall be specified. Where the statutory auditor is a legal entity, the name(s) of the designated principal statutory auditor(s) who are natural persons and, where applicable, the alternate(s) shall be specified."
Article 3: Article 3 of Instruction No. 2016-I-07 is replaced by the following provisions:
"The information to the ACPR provided for in Article 2 of this Instruction shall be made by completing a dedicated entry form via the 'OneGate' portal of the Banque de France, accessible at the following address https://onegate.banque-france.fr."
Article 4: Article 4 of Instruction No. 2016-I-07 is deleted.
Article 5: Article 5 of Instruction No. 2016-I-07 is deleted.
Article 6: Article 6 of Instruction No. 2016-I-07 is deleted.
Article 7: This Instruction shall enter into force upon its publication in the Official Register of the ACPR.
Paris, 5 March 2018 The President of the Prudential Control and Resolution Authority, [ François VILLEROY de GALHAU ]