Instruction No. 2023-I-23 of 14 December 2023 on the reporting of prudential financial information for important and less important groups and entities

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2023-I-23 on the reporting of prudential financial information applicable to important and less important groups and entities repealing and replacing Instruction No. 2015-I-13 of 15 June 2015 as amended by Instruction No. 2016-I-11 of 6 June 2016 and by Instruction No. 2025-I-05 of 22 May 2025

The Prudential Control and Resolution Authority (ACPR), Having regard to the Monetary and Financial Code, in particular Article L. 612-24; Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012; Having regard to Regulation (EU) No 2015/534 of the European Central Bank of 17 March 2015 concerning the reporting of financial information for supervisory purposes (ECB/2015/13); Having regard to Commission Implementing Regulation (EU) No 2021/451 of 17 December 2020 laying down implementing technical standards with regard to the prudential information to be provided by institutions pursuant to Regulation (EU) No 575/2013 of the European Parliament and of the Council, and repealing Implementing Regulation (EU) No 680/2014; Having regard to the opinion of the Prudential Affairs Advisory Committee of 29 November 2023,

Article 1: DECIDES

Important groups, including the obligations incumbent upon them on behalf of their subsidiaries established in a non-participating Member State or a third country, and important entities, as defined in points (a), (b), (c) and (d) of the first paragraph of Article 1 of Regulation (EU) 2015/534 of the European Central Bank of 17 March 2015 concerning the reporting of financial information for supervisory purposes (ECB/2015/13), are required to submit to the General Secretariat of the Prudential Control and Resolution Authority prudential financial information as defined in Title II of the aforementioned Regulation.

Less important groups and entities subject to prudential supervision, as defined in points (e), (f) and (g) of the first paragraph of Article 1 of Regulation (EU) 2015/534 of the European Central Bank of 17 March 2015 concerning the reporting of financial information for supervisory purposes (ECB/2015/13), are required CONSOLIDATED INSTRUCTION to submit to the General Secretariat of the Prudential Control and Resolution Authority prudential financial information as defined in Title III of the aforementioned Regulation.

By way of exception, important and less important entities subject to prudential supervision that have obtained a derogation from the application of prudential requirements on an individual basis, in accordance with Articles 7 and 10 of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012, are not required to report the prudential financial information provided for in the first paragraph of this Article.

Article 2:

Important groups defined in points (a) and (b) of the first paragraph of Article 1 of Regulation (EU) 2015/534 of the European Central Bank of 17 March 2015 concerning the reporting of financial information for supervisory purposes (ECB/2015/13) must transmit to the General Secretariat of the ACPR the prudential financial information defined in Article 1 of this Instruction at the reference dates and according to the submission deadlines specified respectively in Articles 2 and 3 of Commission Implementing Regulation (EU) No 2021/451 of 17 December 2020 laying down implementing technical standards with regard to the prudential information to be provided by institutions pursuant to Regulation (EU) No 575/2013 of the European Parliament and of the Council, and repealing Implementing Regulation (EU) No 680/2014.

The prudential financial information transmitted by important groups under the obligations incumbent upon them on behalf of their subsidiaries established in a non-participating Member State or a third country, as defined in point (d) of the first paragraph of Article 1 of Regulation (EU) 2015/534 of the European Central Bank of 17 March 2015 concerning the reporting of financial information for supervisory purposes (ECB/2015/13), must be prepared at the reference dates specified in Article 2 of Commission Implementing Regulation (EU) No 2021/451 of 17 December 2020 laying down implementing technical standards with regard to the prudential information to be provided by institutions pursuant to Regulation (EU) No 575/2013 of the European Parliament and of the Council, and repealing Implementing Regulation (EU) No 680/2014.

Important entities defined in point (c) of the first paragraph of Article 1 of Regulation (EU) 2015/534 of the European Central Bank of 17 March 2015 concerning the reporting of financial information for supervisory purposes (ECB/2015/13) must prepare and transmit to the General Secretariat of the Prudential Control and Resolution Authority the prudential financial information defined in Article 1 of this Instruction at the reference dates defined in paragraph 1 of Article 8 of Regulation (EU) 2015/534 of the European Central Bank of 17 March 2015 concerning the reporting of financial information for supervisory purposes (ECB/2015/13).

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The prudential financial information defined in Article 1 of this Instruction to be submitted by important entities and important groups on behalf of their subsidiaries established in a non-participating Member State or a third country shall be addressed to the General Secretariat of the Prudential Control and Resolution Authority:

• for important entities subject to prudential supervision that do not form part of an important group subject to prudential supervision, on the 30th business day following the reference date;
• for important entities subject to prudential supervision that form part of an important group subject to prudential supervision, on the 30th business day following the reference date;
• for important groups on behalf of their subsidiaries established in a non-participating Member State or a third country, on the 45th business day following the reference date.

Article 2 bis:

Less important groups and entities defined in points (e), (f) and (g) of the first paragraph of Article 1 of Regulation (EU) 2015/534 of the European Central Bank of 17 March 2015 concerning the reporting of financial information for supervisory purposes (ECB/2015/13) must transmit to the General Secretariat of the Prudential Control and Resolution Authority the prudential financial information defined in Article 1 of this Instruction at the reference dates defined in paragraph 1 of Articles 12 and 15 of Regulation (EU) 2015/534 of the European Central Bank of 17 March 2015 concerning the reporting of financial information for supervisory purposes (ECB/2015/13).

The prudential financial information defined in Article 1 of this Instruction to be submitted by less important groups and entities shall be addressed to the General Secretariat of the ACPR:

• for less important groups subject to prudential supervision, including their sub-groups, making their reports on a consolidated basis, on the 45th business day following the reference date;
• for less important groups subject to prudential supervision, making their reports on a sub-consolidated basis, on the 55th business day following the reference date;
• for less important entities subject to prudential supervision that do not form part of a group subject to prudential supervision, on the 45th day following the reference date;
• for less important entities subject to prudential supervision that form part of a less important group subject to prudential supervision, on the 55th business day following the reference date.

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Article 3:

These documents are prepared in euros. They are addressed to the General Secretariat of the Prudential Control and Resolution Authority by electronic transmission in XML – XBRL format, under the conditions set by the Prudential Control and Resolution Authority’s Instruction No. 2025-I-05, according to the technical specifications necessary for their processing as defined by the General Secretariat of the Prudential Control and Resolution Authority.

Article 4:

This Instruction repeals and replaces Instruction No. 2015-I-13 of 15 June 2013 on the reporting of prudential financial information applicable to important and less important groups and entities as amended by Instruction No. 2016-I-11 of 6 June 2016. References to Instruction No. 2015-I-13 shall be understood as references to this Instruction. This Instruction enters into force the day following its publication.

Article 5:

This Instruction is published in the official register of the Prudential Control and Resolution Authority.

Paris, 14 December 2023

The Designated President, Denis BEAU