Regulatory Alerts2016-03-11
Instruction No. 2016-I-07 on Information to be Transmitted to the ACPR Regarding Statutory Auditors, as Amended
The Prudential Control and Resolution Authority (ACPR) mandates that regulated entities notify the Authority's General Secretariat of the appointment or renewal of statutory auditors within fifteen days of the competent body's decision. This notification must include the names of designated primary and alternate auditors, whether they are individuals or legal entities, and must be submitted electronically via the Banque de France's OneGate portal using a dedicated form signed in accordance with specific ACPR instructions. The regulation applies to persons subject to the Monetary and Financial Code, with specific exclusions for certain mixed insurance groups and other defined entities, and entered into force on April 1, 2016.
PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY
Instruction No. 2016-I-07 Regarding information to be transmitted to the Prudential Control and Resolution Authority concerning statutory auditors Amended by Instructions No. 2018-I-03 of March 5, 2018, No. 2018-I-04 of June 7, 2018, and No. 2020-I-07 of June 9, 2020
The Prudential Control and Resolution Authority, Having regard to the Monetary and Financial Code, in particular Articles L. 612-24, L. 612-27, and L. 612-44; Having regard to Decree No. 2010-1599 of December 20, 2010, publishing the agreement in the form of an exchange of letters between the Government of the French Republic and the Government of the Principality of Monaco of October 20, 2010, regarding banking regulation applicable in the Principality of Monaco; Having regard to the opinion of the Prudential Affairs Consultative Committee of February 25, 2016, DECIDES
Article 1: This instruction applies to the persons mentioned in Article L. 612-2 of the Monetary and Financial Code (hereinafter referred to as the "subject persons"), with the exception of the bodies referred to in points 4 bis, 5, 6, 7, 11, and 12 of Section A of Part I, as well as mixed insurance group companies and persons mentioned in Parts II and III.
Article 2: Subject persons shall inform the General Secretariat of the Prudential Control and Resolution Authority (ACPR) of the appointment of one or more statutory auditors, whether it concerns an initial appointment or a renewal of a previous mandate, within fifteen days following the decision of the competent body. When the subject person is a natural person or a single-member company, the name(s) of the designated primary and alternate statutory auditor(s) who are natural persons shall be specified. When the subject person is a legal entity, the name(s) of the designated primary and alternate statutory auditor(s) who are natural persons shall be specified.
Article 3: The information provided for in Article 2 of this instruction shall be communicated to the ACPR via a dedicated data entry form completed on the Banque de France's "OneGate" portal, accessible at the following address: https://onegate.banque-france.fr. This form must be electronically signed in accordance with Instructions No. 2015-I-18 (Insurance Sector) and No. 2015-I-19 (Banking Sector), as amended, regarding the electronic signature of documents transmitted to the ACPR.
Article 4: This instruction shall enter into force on April 1, 2016.
Paris, March 11, 2016 The President, [François VILLEROY de GALHAU]