Instruction No. 2023-I-01 of April 13, 2023, Repealing and Replacing Instruction No. 2018-I-11 of July 11, 2018, Regarding National Prudential Documents to be Communicated Annually by Additional Professional Retirement Organizations

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2023-I-01 of April 13, 2023
Repealing and Replacing Instruction No. 2018-I-11 of July 11, 2018 Regarding National Prudential Documents to be Communicated Annually by Additional Professional Retirement Organizations, as Amended by Instructions No. 2019-I-29 of December 19, 2019, No. 2021-I-06 of June 18, 2021, No. 2021-I-13 of October 15, 2021, No. 2021-I-26 of December 16, 2021, and No. 2025-I-07 of May 26, 2025

The Prudential Control and Resolution Authority,

Having regard to the Insurance Code, particularly Articles L. 381-1, L. 385-6, R. 355-6, and R. 385-17; Having regard to the Monetary and Financial Code, particularly Articles L. 612-2 and L. 612-24; Having regard to the Mutual Code, particularly Articles L. 214-1, L. 214-12, and R. 214-5; Having regard to the Social Security Code, particularly Articles L. 942-1, L. 942-11, and R. 942-5; Having regard to the opinion of the Prudential Affairs Consultative Committee of March 27, 2023,

DECIDES

Article 1:
The following are hereinafter referred to as "additional professional retirement organizations":

• Professional supplementary retirement funds (FRPS) mentioned in Article L. 381-1 of the Insurance Code;
• Mutual or union professional supplementary retirement organizations (MRPS or URPS) mentioned in Article L. 214-1 of the Mutual Code;
• Institutions of professional supplementary retirement (IRPS) mentioned in Article L. 942-1 of the Social Security Code.

Article 2:
Additional professional retirement organizations shall submit to the Prudential Control and Resolution Authority, within four months following the closing of the annual fiscal year, the statements that, among the following statements established according to the models defined in Annex A of this instruction, are applicable to them:

CONSOLIDATED INSTRUCTION

RC.01.01 – Content of the submission;
RC.02.01 – Balance Sheet;
RCC.02.01 – Balance Sheet by allocation auxiliary accounting; RCG.02.01 – Balance Sheet for the general fund; RC.03.01 – Life technical income statement; RCC.03.01 – Life technical income statement by legal canton; RC.03.03 – Non-technical income statement; RCC.03.03 – Non-technical income statement by legal canton; RC.04.01 – Variation of equity for FRPS; RC.04.02 – Variation of equity for MRPS and URPS; RC.04.03 – Variation of equity for IRPS; RC.05.01 – Variation of fixed assets; RC.06.01 – Breakdown of the amount of provisions (non-technical liabilities); RC.07.01 – Detail of regularization accounts; RC.08.01 – Breakdown of general expenses by nature and destination; breakdown of personnel costs; commitments vis-à-vis members of management bodies; RC.09.01 – Income and expenses from voluntary contributions in kind; RC.10.01 – Financial data related to social welfare activities; RC.12.01 – Breakdown of financial results by type of movements, by type of flows, and by nature of securities; RC.13.07 – Income statement by category (life & bodily injury); RC.13.08 – Income statement by category (life & bodily injury) – Branches; RC.14.01 – Insured persons, covered persons, and beneficiaries by type of guarantees; RC.14.02 – Premiums and benefits by type of guarantees; RC.20.01 – Interest Rate Survey; RC.22.01 – Profit participation / surpluses – General Fund; RC.22.02 – Profit participation / surpluses – Euro growth; RC.22.04 – Comparison of minimum profit participation with the effective amount of profit participation for the fiscal year; RC.23.01 – Guaranteed minimum rate, monitoring of envelopes; RC.26.01 – Monitoring of Branch 26 agreements (L. 441); RC.27.01 – Global management provision; RCC.28.01 – Provision for financial risk – general fund and allocation auxiliary accountings; RC.30.01 – Valuation of real estate assets;

Article 3:
Additional professional retirement organizations shall annually submit to the Prudential Control and Resolution Authority, within four months following the closing of the annual fiscal year, the statements that, among the following statements established according to the models defined in Annex B of this instruction, are applicable to them:

RP.01.01.01 – Content of the submission
RP.01.02.01 – Basic information – Generalities; RPC.01.03.01 – Basic information – Allocation auxiliary accountings RP.02.02.01 – Simplified balance sheet by currency; RP.02.03.01 – Category of contracts; RP.03.02.01 – Off-balance sheet items – List of unlimited and limited guarantees received by the FRPS; RP.03.03.01 – Off-balance sheet items – List of unlimited and limited guarantees given by the FRPS; RP.05.01.01 – Premiums, claims, and expenses by type of risk; RP.06.05.01 – Reconciliation of statements PF.06.02.24 (investment statement) and RC.02.01 (balance sheet); RP.07.01.01 – Structured products; RP.08.01.01 – Open positions on derivative products; RP.08.02.01 – Transactions on derivative products; RP.10.01.01 – Securities lending and repurchase agreements; RP.11.01.01 – Assets held as collateral; RP.16.02.01 – Information on annuity provisioning – life; RP.30.03.01 – Reinsurance cession program – Basic data; RP.30.04.01 – Reinsurance cession program – Data on shares; RP.31.01.01 – Reinsurers' share (including finite reinsurance and securitization vehicles); RP.32.02.01 – Related undertakings; RP.36.01.01 – Intragroup transactions (IGT) – Transactions on shares and similar securities and transfers of debt and assets; RP.36.02.01 – Intragroup transactions (IGT) – Derivatives; RP.36.03.01 – Intragroup transactions (IGT) – Internal reinsurance; RP.36.04.01 – Intragroup transactions (IGT) – Cost sharing, contingent liabilities, off-balance sheet items, and other items; RP.41.01.01 – Representation of regulated commitments – Summary; RPG.41.02.01 – Representation of regulated commitments – General Fund; RPC.41.03.01 – Representation of regulated commitments – by canton L. 441-branch 26; RPC.41.04.01 – Representation of regulated commitments – by allocation auxiliary accounting (excluding L. 441-branch 26); RP.42.01.01 – Minimum margin requirement – Fraction calculated according to life rules; RP.42.02.01 – Minimum margin requirement – Fraction calculated according to non-life rules; RP.42.03.01 – Minimum margin requirement – Constituent elements; RP.43.01.01 – Stress test – Central scenario; RP.43.01.02 – Stress test – Scenario "lower yield on amortizable assets"; RP.43.01.03 – Stress test – Scenario "lower yield on non-amortizable assets"; RP.43.01.04 – Stress test – Scenario "longevity".

Article 4:
Additional professional retirement organizations shall submit to the Prudential Control and Resolution Authority, via electronic transmission using office software formats according to technical modalities defined by the General Secretariat of the Prudential Control and Resolution Authority, the following information mentioned in Article L. 385-6 of the Insurance Code:

• The solvency and financial situation report, within the timeframes provided in I and III of Article R. 355-6 of the Insurance Code;
• The regular report to the supervisor, within the timeframes provided in I and III of Article R. 355-6 of the Insurance Code;
• The report to the supervisory authority on the internal assessment of risks and solvency ("ORSA report"), within a period of 2 weeks after its approval by the board of directors or the supervisory board.

Article 5:
I. Additional professional retirement organizations shall submit to the Prudential Control and Resolution Authority, within four months following the closing of the annual fiscal year:

• General information, as referred to in Annex C.

II. Additional professional retirement organizations shall submit to the Prudential Control and Resolution Authority, within thirty days following their approval by the general meeting:

• The annual accounts published or made available in application of Articles L. 341-1 to L. 341-4 and L. 381-6 of the Insurance Code, L. 114-46-2 and L. 214-3 of the Mutual Code, and L. 931-33-3 and L. 942-6 of the Social Security Code;
• The management report established in application of Articles L. 225-102 and L. 232-1 of the Commercial Code, Articles L. 322-26-2-4 and L. 381-3 of the Insurance Code, paragraph 3 of Article L. 114-17, and Article L. 214-3 of the Mutual Code, and Articles L. 931-33-3 and L. 942-6 of the Social Security Code;
• The report of the statutory auditors on the annual accounts, in application of Articles L. 341-3, L. 381-3, and L. 381-6 of the Insurance Code, L. 114-46-2 and L. 214-3 of the Mutual Code, and L. 931-33-3 and L. 942-6 of the Social Security Code;
• The special report of the statutory auditors on all regulated agreements, as provided for in 1° of IV of Article R. 322-57 and Articles R. 322-7 and L. 381-3 of the Insurance Code, Articles L. 114-34 and L. 214-3 of the Mutual Code, Articles R. 931-3-27 and L. 942-3 of the Social Security Code, and Articles L. 225-40 and L. 225-88 of the Commercial Code.

III. Additional professional retirement organizations shall submit to the Prudential Control and Resolution Authority, within thirty days following their approval by the board of directors or the supervisory board, and no later than June 30 following the closing of the annual fiscal year:

• The report on the procedures for the preparation and verification of financial and accounting information provided for in Article R. 341-9 of the Insurance Code, in application of Articles L. 381-6 of the Insurance Code, R. 212-11 of the Mutual Code, and R. 931-11-1 and L. 942-6 of the Social Security Code;

IV. Additional professional retirement organizations shall submit to the Prudential Control and Resolution Authority, within four months following the closing of the annual fiscal year:

• The special report of the statutory auditors concerning insurance contracts of any nature subscribed by the company with its directors, members of the supervisory board, members of the executive board, its salaried executives, and their spouses, ascendants, and descendants, in application of 2° of IV of Article R. 322-57 and Article L. 381-3 of the Insurance Code.

V. Additional professional retirement organizations shall submit to the Prudential Control and Resolution Authority, within six months following the closing of the annual fiscal year:

• The report relating to the results of financial management and the implementation of investment guidelines for the allocation auxiliary accounting, provided for in Articles R. 134-13 and L. 381-4 of the Insurance Code.

Article 6:
In the context of their submission to the Prudential Control and Resolution Authority, the information described in Articles 2 and 3 must be communicated under the conditions set by the Prudential Control and Resolution Authority's Instruction No. 2025-I-XX. In the case where the reports presented in Articles 4 and 5 must be transmitted in the form of several separate office documents, all these documents must be communicated in accordance with the modalities fixed by the aforementioned instruction.

Article 7:
The technical and methodological modalities of the submission are defined by the ACPR instructions in force.

Article 8:
Instruction No. 2018-I-11 of July 11, 2018, regarding national documents to be communicated annually by additional professional retirement organizations, is repealed and replaced by this instruction. References to the repealed Instruction No. 2018-I-11 found in other instructions shall be understood as references to this instruction.

Article 9:
This instruction enters into force upon its publication.

Paris, April 13, 2023
For the Insurance Sectoral Sub-Committee
The President,

Jean-Paul FAUGERE