Instruction No. 2022-I-11 of June 15, 2022, on the Questionnaire Regarding Commercial Practices and Customer Protection

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2022-I-11
Regarding the questionnaire on commercial practices and customer protection

The Prudential Control and Resolution Authority (ACPR), Having regard to the Monetary and Financial Code, particularly Articles L. 612-1, L. 612-2, and L. 612-24; Having regard to the Insurance Code, particularly Articles L. 354-1, L. 354-2, L. 354-3, R. 354-1, R. 354-4, R. 354-4-1, R. 354-5, and R. 354-7; Having regard to the Mutual Code, particularly Articles L. 211-12 and R. 211-14; Having regard to the Social Security Code, particularly Articles L. 931-7 and R. 931-3-45-2; Having regard to the Order of November 3, 2014, as amended, relating to internal control of enterprises in the banking, payment services, and investment services sectors subject to the supervision of the Prudential Control and Resolution Authority; Having regard to the opinion of the Prudential Affairs Consultative Commission of May 10, 2022; Having regard to the opinion of the Commercial Practices Consultative Commission of May 12, 2022,

DECIDES

Article 1:
The questionnaire on commercial practices and customer protection is composed, for both the insurance sector and the banking sector, of a core form and three thematic forms, attached to this instruction. The core form is completed by the entities mentioned in Article 2, and the thematic forms are completed solely by the so-called "representative" entities within the meaning of Article 3. The questionnaire sent in year N covers the fiscal year ending on December 31 of year N-1.

Article 2:
The entities required to respond annually to the questionnaire are:

• For the insurance sector, subject to being authorized by the ACPR and, except regarding additional professional retirement bodies referred to in the last bullet point, falling under the so-called "Solvency II" regime in application of Articles L. 310-3-1 of the Insurance Code, L. 211-10 of the Mutual Code, and L. 931-6 of the Social Security Code:
• companies exercising direct insurance activity referred to in Article L. 310-1 of the Insurance Code, with the exception of those whose activity relates exclusively to large risks listed in Article L. 111-6 of the Insurance Code;
• mutual societies and unions that carry out operations falling under item 1 of I of Article L. 111-1 of the Mutual Code, with the exception of fully substituted bodies;
• provident institutions and unions that carry out operations falling under points a) to c) of Article L. 931-1 of the Social Security Code;
• additional professional retirement funds referred to in Article L. 381-1 of the Insurance Code, additional professional retirement institutions referred to in Article L. 942-1 of the Social Security Code, as well as mutual societies and unions of additional professional retirement referred to in Article L. 214-1 of the Mutual Code.
• For the banking sector, subject to having a clientele of natural persons acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity:
• credit institutions authorized by the ACPR, with the exception of those authorized solely to exercise their activities in the Principality of Monaco;
• financing companies.

Article 3:
For each thematic form, the representativeness of entities is established based on the criteria specified below so that the subject entities collectively represent 80% of the corresponding market shares.

• Regarding the insurance sector:
• for the thematic form "Savings - Retirement": premiums collected and/or mathematical provisions;
• for the thematic form "Health - Provident": premiums collected and/or number of subscriptions/memberships;
• for the thematic form "Property Damage": premiums collected and/or number of subscriptions/memberships.
• Regarding the banking sector:
• for the thematic form "Daily Banking": number of deposit accounts and/or balances of current credit accounts;
• for the thematic form "Savings": number and/or balance of savings contracts;
• for the thematic form "Loans": number and/or balance of consumer or housing loans.

Article 4:
The questionnaire is available on the OneGate electronic portal of the Bank of France to be completed by each subject possessing a Legal Entity Identifier (LEI), subject to any technical developments allowing its electronic transmission in XML-XBRL format according to the technical specifications necessary for their processing as defined by the ACPR and communicated to the concerned entities. The completed questionnaire must be validated by a senior manager or by the person, duly authorized by the latter, who has the competence and position within the establishment, or within an entity of the same group, allowing them to commit to the quality and reliability of the information they are required to validate. Regardless of any delegations granted, the aforementioned senior managers remain responsible for the quality and reliability of the information transmitted in their name and are able to proceed with the transmission of information under their own validation. The completed questionnaire must be submitted to the ACPR no later than June 30 of each year.

Article 5:
This instruction repeals and replaces Instruction No. 2019-I-23 as of its publication in the Official Register of the Prudential Control and Resolution Authority.

Paris, June 15, 2022
The President,
[François VILLEROY de GALHAU]