2020-07-08
The Prudential Control and Resolution Authority (ACPR) issued this consolidated instruction to establish the prudential reporting obligations for insurance and reinsurance entities not subject to the Solvency II regime. It mandates that these entities transmit specific quantitative and qualitative information to the ACPR via electronic submission using standardized formats, while granting exemptions to certain mutuals that have entered into substitution agreements. The instruction formally repeals the previous Instruction No. 2018-I-17 and entered into force the day following its publication.
The Prudential Control and Resolution Authority (ACPR), Having regard to the Monetary and Financial Code, particularly Article L. 612-24; Having regard to the Insurance Code, particularly Article L. 310-3-2; Having regard to the Mutual Code, particularly Articles L. 212-1; Having regard to the Social Security Code, particularly Articles L. 931-6-1 and L. 931-9; Having regard to Decree No. 2015-1121 of September 4, 2015, amending the statistical statements of insurance companies, mutuals, and provident institutions regarding complementary social protection; Having regard to the Order of June 24, 2008, defining the procedures for transmitting data related to medical liability to the ACPR; Having regard to Instruction No. 2017-I-02 regarding the transmission of quarterly statements by insurance entities not subject to the so-called "Solvency II" regime; Having regard to Instruction No. 2018-I-16 regarding the annual prudential documents to be communicated by entities subject to the supervision of the ACPR not subject to the so-called "Solvency II" regime; Having regard to the opinion of the Prudential Affairs Advisory Committee dated July 1, 2020, CONSOLIDATED INSTRUCTION
2 DECIDES Article 1: This instruction applies to entities not subject to the so-called "Solvency II" regime within the meaning of:
Article 2: Entities subject to the provisions of Article 1 that have not concluded a substitution agreement for all their operations must communicate to the General Secretariat of the ACPR the information: 1° Defined in the aforementioned Instruction No. 2017-I-02; 2° Defined in the aforementioned Instruction No. 2018-I-16; The information communicated to the ACPR must be transmitted electronically in a computerized format under the conditions set by the Prudential Control and Resolution Authority's Instruction No. 2025-I-07.
Article 3: Mutuals and unions governed by Book II of the Mutual Code that have concluded a substitution agreement for all their operations carried out pursuant to Article L. 211-5 are not subject to the obligation to transmit the documents mentioned in Instruction No. 2018-I-16. However, these documents must be communicated by the entity that has substituted for them via electronic transmission in a computerized format.
Article 4: For the electronic transmission of quantitative information, entities must use the computerized models made available by the ACPR on its website and submit monetary values in euros.
Article 5: This instruction repeals Instruction No. 2018-I-17 and enters into force the day following its publication.
3 Paris, July 8, 2020 For the Insurance Sectoral Sub-College The President, Bernard DELAS