Instruction No. 2021-I-12 of October 15, 2021 amending Instruction No. 2021-I-05 regarding annual prudential documents for ACPR-supervised entities not subject to Solvency II

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2021-I-12 amending Instruction No. 2021-I-05 of June 18, 2021 regarding the annual prudential documents to be communicated by entities subject to the supervision of the ACPR that do not fall under the so-called "Solvency II" regime and which are not FRPS (Supplementary Professional Retirement Funds)

The Prudential Control and Resolution Authority (ACPR), Having regard to the Monetary and Financial Code, in particular Articles L. 612-2 and L. 612-24; Having regard to Directive 91/674/EEC of December 19, 1991 concerning the annual accounts and consolidated accounts of insurance undertakings; Having regard to Decree No. 2021-1248 of September 28, 2021 relating to the valuation of real estate assets of insurance companies, mutuals, provident institutions and supplementary professional retirement funds; Having regard to the Insurance Code, in particular Article R. 343-11; Having regard to the Mutual Code, in particular Article R. 212-11; Having regard to the Social Security Code, in particular Article R. 931-11-1; Having regard to Instruction No. 2018-I-16 of July 11, 2018 regarding the annual prudential documents to be communicated by entities subject to the supervision of the ACPR that do not fall under the so-called "Solvency II" regime; Having regard to the opinion of the Prudential Affairs Consultative Committee of June 23, 2021, DECIDES

Article 1:
Article 2-1 of the aforementioned instruction is amended as follows:
After the paragraph "- FR.12.01: Breakdown of financial result by type of movements, by type of flows and by nature of securities", a new paragraph is added, worded as follows:
"- FR.30.01 – Valuation of real estate assets"

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After the paragraph "- FR.22.04: Reconciliation with the income statement and balance sheet", a new paragraph is added, worded as follows:
"- FR.22.05 – Participation in profits / excesses - Category 14"

Article 2:
Article 2-2 of the aforementioned instruction is amended as follows:
After the paragraph "- FR.12.01: Breakdown of financial result by type of movements, by type of flows and by nature of securities", a new paragraph is added, worded as follows:
"- FR.30.01 – Valuation of real estate assets" After the paragraph "- FR.22.04: Reconciliation with the income statement and balance sheet", a new paragraph is added, worded as follows:
"- FR.22.05 – Participation in profits / excesses - Category 14"

Article 3:
Article 2-3 of the aforementioned instruction is amended as follows:
After the paragraph "- FR.22.04: Reconciliation with the income statement and balance sheet", a new paragraph is added, worded as follows:
"- FR.22.05 – Participation in profits / excesses - Category 14" After the paragraph "- FR.25.01: Transactions carried out on behalf of unions of provident institutions", a new paragraph is added, worded as follows:
"- FR.30.01 – Valuation of real estate assets"

Article 4:
Article 2-5 of the aforementioned instruction is amended as follows:
After the paragraph "- FR.24.01: Provisions for claims not yet reported - construction insurance", a new paragraph is added, worded as follows:
"- FR.30.01 – Valuation of real estate assets"

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Article 5:
Annex A of the aforementioned instruction is replaced by Annex A of this instruction.

Article 6:
Articles 1 to 4 of this instruction apply in electronic format for collections due for financial years and quarters ending on or after December 31, 2021, and in XBRL format for collections due for financial years and quarters ending on or after December 31, 2022.

Article 7:
This instruction enters into force the day following its publication in the Official Register of the Prudential Control and Resolution Authority.

Done in Paris, on October 15, 2021

For the Insurance Sectoral Sub-Collegium
The Vice-President,
[Jean-Paul FAUGÈRE]