Regulatory Alerts2022-12-14
Instruction No. 2022-I-25 of December 14, 2022, repealing Instruction No. 2018-I-09 regarding nomination or renewal forms for effective managers or key function holders of insurance and supplementary pension organizations
The Prudential Control and Resolution Authority (ACPR) issued Instruction No. 2022-I-25 to repeal Instruction No. 2018-I-09 and establish new notification requirements for insurance and supplementary pension entities. The instruction mandates that subject entities declare any appointment or renewal of effective managers or key function holders using specific electronic forms provided in the annexes. These declarations must be submitted via the ACPR portal, and the new instruction entered into force the day after its publication on December 14, 2022.
PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY
Instruction No. 2022-I-25 repealing Instruction No. 2018-I-09 regarding nomination or renewal forms for effective managers or key function holders of insurance and supplementary pension organizations modified by Instruction No. 2024-I-11 of October 21, 2024
The Prudential Control and Resolution Authority, Having regard to the Monetary and Financial Code, particularly Articles L. 612-23-1, R. 612-29-3, and R. 612-29-4; Having regard to the Insurance Code, particularly Articles L. 310-3-1, L. 322-2, L. 322-3-2, L. 356-18, L. 381-1, L. 381-3, and L. 385-5; Having regard to the Mutual Code, particularly Articles L. 114-21, L. 211-10, L. 211-13, L. 212-1, L. 214-1, L. 214-3, and L. 214-12; Having regard to the Social Security Code, particularly Articles L. 931-6, L. 931-7-1, L. 931-7-2, L. 931-9, L. 942-1, L. 942-3, and L. 942-11; Having regard to the opinion of the Consultative Committee on Prudential Affairs of November 29, 2022, DECIDES
Article 1: The following are hereinafter referred to as "subject entities": entities subject to the so-called "Solvency II" regime mentioned in Article L. 310-3-1 of the Insurance Code, Article L. 211-10 of the Mutual Code, and Article L. 931-6 of the Social Security Code; parent companies and participating undertakings mentioned in Article L. 356-18 of the Insurance Code; and supplementary pension organizations mentioned in Article L. 381-1 of the Insurance Code, Article L. 214-1 of the Mutual Code, and Article L. 942-1 of the Social Security Code;
Article 2: Subject entities mentioned in Article 1 must declare to the Prudential Control and Resolution Authority (ACPR) any appointment or renewal of persons who ensure the effective management of the entity and of key function holders, as well as any person called upon to exercise de facto equivalent functions in accordance with paragraph II of Article L. 612-23-1 of the Monetary and Financial Code and, at the group level mentioned in Article L. 356-1 of the Insurance Code, in accordance with Article L. 356-18 of the Insurance Code. The declaration mentioned in the first paragraph is made using the forms set out in Annexes 1 and 2 to this instruction.
Article 3: These forms, duly completed and signed, must be sent in electronic format to the ACPR by depositing them at the following address: https://acpr-portail.banque-france.fr
Article 4: Instruction No. 2022-I-26 regarding the nomination or renewal form for managers of insurance sector entities is not applicable to subject entities under this instruction since January 1, 2016.
Article 5: This instruction enters into force the day following its publication in the ACPR register. Instruction No. 2018-I-09 will be repealed on the date of entry into force of this instruction.
Paris, December 14, 2022 For the Insurance Sector Sub-Committee The President, Jean-Paul FAUGÈRE