Instruction No. 2013-I-02 of May 28, 2013 establishing the control statement for profit-sharing - C22 (repealed)

PRUDENTIAL CONTROL AUTHORITY
Instruction No. 2013-I-02 establishing the control statement for profit-sharing – C22

The Prudential Control Authority,

Having regard to the Monetary and Financial Code, in particular Article L. 612-24; Having regard to the Insurance Code, in particular Articles L. 144-1 to L. 144-4, A. 331-3 to A. 331-9-1 and A. 344-8; Having regard to the Mutual Code, in particular Articles A. 114-4 and D. 212-1 to D. 212-4; Having regard to the Social Security Code, in particular Articles A. 931-10-15 to A. 931-10-18 and A. 931-11-15; Having regard to the opinion of the Prudential Affairs Consultative Committee dated May 13, 2013;

Decides:

Article 1
The annual detailed report provided for in Articles A. 344-8 of the Insurance Code, A. 114-4 of the Mutual Code and A. 931-11-15 of the Social Security Code is supplemented by the table CONTROL STATEMENT FOR PROFIT-SHARING – C22 in the annex to this instruction.

It is submitted by the organizations designated below:
1° insurance companies carrying out direct insurance activities mentioned in 1° of Article L. 310-1 of the Insurance Code; 2° mutuals and unions governed by Book II of the Mutual Code and which have not concluded a substitution agreement for all their operations carried out pursuant to Article L. 211-5 of the Mutual Code; 3° Provident institutions and unions of provident institutions governed by Title III of Book IX of the Social Security Code.

Instruction No. 2013-I-02 establishing the control statement for profit-sharing – C22

Article 2
The table CONTROL STATEMENT FOR PROFIT-SHARING – C22 is prepared in accordance with the provisions of Articles A. 331-3 to A. 331-9-1 of the Insurance Code, Articles D. 212-1 to D. 212-4 of the Mutual Code, Articles A. 931-10-15 to A. 931-10-18 of the Social Security Code and in accordance with the technical procedures defined by the General Secretariat of the Prudential Control Authority. It is composed of the following sub-sets:

– the first sub-set presents profit-sharing information for operations not covered in the other sub-sets below; – the second sub-set presents profit-sharing information for contracts falling under Article R. 142-2 of the Insurance Code, including those falling under Article L. 144-2 and not falling under Article R. 142-12 of the same code. This second sub-set applies exclusively to insurance companies carrying out direct insurance activities mentioned in 1° of Article L. 310-1 of the Insurance Code; – the third sub-set presents profit-sharing information for a plan falling under Article L. 144-2 of the Insurance Code but not falling under Article L. 142-1 or Article L. 441-1 of the same code. This sub-set applies to insurance companies carrying out direct insurance activities mentioned in 1° of Article L. 310-1 of the Insurance Code as well as to mutuals governed by the Mutual Code and provident institutions mentioned in Article L. 931-1 of the Social Security Code, pursuant to Article L. 144-4 of the Insurance Code; – the fourth sub-set presents information relating to the comparison of the minimum profit-sharing with the effective profit-sharing of the financial year.

Article 3
This instruction enters into force on December 31, 2013.

Article 4
This instruction will be published in the official register of the Prudential Control Authority.

Paris, May 28, 2013

The President of the Prudential Control Authority, [Christian NOYER]

Prudential Control Authority 2

Instruction No. 2013-I-02 establishing the control statement for profit-sharing – C22
Annex
Control Statement for Profit-Sharing – C22

Sub-set 1
Profit-sharing information for operations not covered in the other sub-sets below

Rubric	Insurance Code Categories 1,2,4,5,7	Category 3	Category 6
Rubric Mutual Code	Categories 1,2,4,5,7	Category 3	-
Rubric Social Security Code	Categories 1,2,4,5,7, 10	Category 3	-

Technical Income Statement
(A. 331-4 I Insurance Code / D. 212-1 Mutual Code / A. 931-10-15 Social Security Code)

• Technical balance of the category
• Premiums
• Subscription balance of ancillary bodily injury guarantees for category 6
• Net acquisition and management charges for ancillary bodily injury guarantees for category 6
• Technical balance of ancillary bodily injury guarantees for category 6
• Unapplied debtor balance from previous financial years for the guarantees concerned (negative amount)
• Technical balance of the guarantees concerned net of carry-forward from previous financial years (negative amount)
• Balance to be carried forward (null or negative amount)
• Balance of category 6 net of the carried forward balance
• Unapplied debtor balance to be carried forward to the following year (negative amount)
• Insurer's participation in the technical balance - Insurance Code
• Insurer's participation in the technical balance - Mutual Code / Social Security Code
• Reinsurance balance ceded – risk reinsurance only
• Ceded premiums
• Share of claims covered by reinsurers
• Share of risk reinsurance in profit-sharing and commissions received
• Actual balance of complementary risk reinsurance
• Balance of risk reinsurance
• Sub-total 1 – Participation in technical results net of reinsurance

Table 1 – Technical Account (including operations outside France)

	Global Table Categories 1 to 7	Global Table Categories 1 to 7 and Category 10	Global Table Categories 1 to 7 (except Category 6)

Financial Account
(A. 331-6 and A. 331-7 Insurance Code / D. 212-3 Mutual Code / A. 931-10-17 Social Security Code)

• Technical provisions included in the financial account
• Gross technical provisions (opening)
• Gross technical provisions (closing)
• Net book value of assets allocated under code T (excluding RPS code T) (opening)
• Net book value of assets allocated under code T (excluding RPS code T) (closing)
• Average amount of gross technical provisions excluding transferred assets
• Investments except for exceptions provided (see methodological guide)
• Investment income
• Investment charges
• Net investment income
• Net book value of all categories of investments except for exceptions provided (see methodological guide) (opening)
• Net book value of all categories of investments except for exceptions provided (see methodological guide) (closing)
• Average amount of investments except for exceptions provided (see methodological guide)
• Rate of return
• Net financial income relating to assets allocated under code T (excluding RPS code T)
• Share of result allocated to own funds with ACP authorization
• Financial Balance
• Sub-total 2 – Participation in financial results

Summary – Profit-sharing Account

• Sub-total 1 - Technical elements
• Sub-total 2 - Share of financial income attributable to policyholders
• Debtor balance of the previous financial year
• Creditor balance of the profit-sharing account
• Debtor balance of the profit-sharing account, to be carried forward
• Interest credited to mathematical provisions
• Additional elements A. 331-5 (Insurance Code)
• Sum contract by contract, excluding L. 142-1, of MPs that benefited from a guaranteed rate higher than the average rate served A. 132-3 III, multiplied by the rate served
• Total, excluding L. 142-1, of MPs that benefited from a guaranteed rate higher than the average rate served A. 132-3 III multiplied by the average rate served A. 132-3 III
• Surplus of profit-sharing provided for by A. 331-5 (Insurance Code)
• Minimum amount of profit-sharing

Table 2 – Financial Account and minimum amount of profit-sharing

	Global Table Categories 1 to 7	Global Table Categories 1 to 7 and Category 10	Global Table Categories 1 to 7 (except Category 6)

Residual profit-sharing end of Year N and end of Year N-1 after successive allocations and deductions

• Profit-sharing provisions closing Year N-1
• Allocations to profit-sharing provisions (6306, 6326, 6346, 6356 only for profit-sharing provisions outside UC)
• Use of the profit-sharing reserve (6309, 6329, 6349, 6359 only for profit-sharing provisions outside UC)
• Profit-sharing provisions closing Year N

Statement of monitoring the consumption of the profit-sharing provision

Profit-sharing provisions for categories subject to the regulatory minimum (by age of sums introduced)

• Sums introduced in financial year N
• Sums introduced in financial year N-1
• Sums introduced in financial year N-2
• Sums introduced in financial year N-3
• Sums introduced in financial year N-4
• Sums introduced in financial year N-5
• Sums introduced in financial year N-6
• Sums introduced in financial year N-7
• Sums introduced in financial years N-8 and prior
• Total (= total amount of profit-sharing provisions)

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Instruction No. 2013-I-02 establishing the control statement for profit-sharing – C22

Sub-set 2
Profit-sharing information for contracts falling under Article R. 142-2 of the Insurance Code, including those falling under Article L. 144-2 and not falling under Article R. 142-12 of the same code. This second sub-set applies exclusively to insurance companies carrying out direct insurance activities mentioned in 1° of Article L. 310-1 of the Insurance Code.

Rubric	Category 13

Technical Income Statement (A. 331-4 II Insurance Code)

Receipts

• Premiums paid or amounts transferred
• Net investment income
• Variation of unrealized capital gains or losses on contract assets
• Possible commission retrocessions mentioned in Article R. 142-10
• Amounts arbitraged between auxiliary accounts for contracts mentioned in the fifth paragraph of Article R. 142-10 or in IV of Article R. 142-2

Expenses

• Charges for benefits paid to members and amounts transferred

• Technical provision charges, including those resulting from actuarial differences in mathematical provisions, before allocation of profit-sharing

• Expenses mentioned in V of Article R. 142-10, excluding those mentioned in d of said V

• Amounts arbitraged between auxiliary accounts for contracts mentioned in the fifth paragraph of Article R. 142-10 or in IV of Article R. 142-2

• Technical balance

• Reinsurance balance ceded – risk reinsurance only (A. 331-8 Insurance Code)

• Ceded premiums

• Share of claims covered by reinsurers

• Share of risk reinsurance in PB and commissions received

• Actual balance of complementary risk reinsurance

• Balance of risk reinsurance

• Debtor balance from previous financial years for the guarantees concerned

• Amount of profit-sharing defined in II of Article A. 331-4 of the Insurance Code

• Debtor balance of the current financial year

• Deduction of the share of the debtor balance of the current financial year that can be offset by recovery on the diversification provision within the limit of the minimum value of this provision mentioned in Article R. 142-5

• Debtor balance carried forward as expenses of the profit-sharing account determined at the next maturity

• Insurer's participation in the technical balance unless the expenses mentioned in f of V of Article R. 142-10 are applied

• Technical profit-sharing net of reinsurance

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Instruction No. 2013-I-02 establishing the control statement for profit-sharing – C22

Sub-set 3
Profit-sharing information for a plan falling under Article L. 144-2 of the Insurance Code but not falling under Article L. 142-1 or Article L. 441-1 of the same code

Rubric	Category 11

Technical Income Statement (A. 331-4 III Insurance Code) applicable to all organizations regardless of code proposing the operations covered

Receipts

• Amount of contributions paid and amounts transferred to the plan
• Net investment income
• Possible commission retrocessions mentioned in Article R. 144-21

Expenses

• Charges for benefits paid to participants and amounts transferred by participants to other plans

• Technical provision charges, including those resulting from actuarial differences in mathematical provisions, before allocation of profit-sharing

• Expenses levied by the insurance organization mentioned in Article R. 144-25 and, where applicable, the operating expenses of the supervisory committee

• Technical balance

• Reinsurance balance ceded – risk reinsurance only (A. 331-8 Insurance Code) applicable to all organizations regardless of code proposing the operations covered

• Ceded premiums

• Share of claims covered by reinsurers

• Share of risk reinsurance in PB and commissions received

• Actual balance of complementary risk reinsurance

• Balance of risk reinsurance

• Debtor balance from previous financial years for the guarantees concerned

• Amount of profit-sharing defined in III of Article A. 331-4 of the Insurance Code applicable to all organizations regardless of code proposing the operations covered

• Debtor balance carried forward as expenses of the profit-sharing account determined at the next maturity

• Interest credited to mathematical provisions

• Technical profit-sharing net of reinsurance

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Instruction No. 2013-I-02 establishing the control statement for profit-sharing – C22

Residual PB end of Year N and end of Year N-1 after allocations and successive deductions

• Closing PPB Year N-1
• Allocations to the PB reserve (6306, 6326, 6346, 6356 only for PPB outside UC)
• Use of the PB reserve (6309, 6329, 6349, 6359 only for PPB outside UC)
• Closing PPB Year N

Statement of monitoring the consumption of the profit-sharing provision

Profit-sharing provisions for categories subject to the regulatory minimum (by age of sums introduced)

• Sums introduced in financial year N
• Sums introduced in financial year N-1
• Sums introduced in financial year N-2
• Sums introduced in financial year N-3
• Sums introduced in financial year N-4
• Sums introduced in financial year N-5
• Sums introduced in financial year N-6
• Sums introduced in financial year N-7
• Sums introduced in financial years N-8 and prior
• Total (= total amount of PPB)

Prudential Control Authority 8

Instruction No. 2013-I-02 establishing the control statement for profit-sharing – C22

Prudential Control Authority 9

Sub-set 4
Information relating to the comparison of the minimum profit-sharing with the effective profit-sharing of the financial year

• Amount of profit-sharing allocated to contracts
• Profit-sharing for the financial year for categories covered by Articles A. 331-6 and A. 331-7 of the Insurance Code / D. 212-3 of the Mutual Code / A. 931-10-17 of the Social Security Code
• Profit-sharing for the financial year for categories covered by Article A. 331-4 II of the Insurance Code (category 11)
• Profit-sharing for the financial year for categories covered by Article A. 331-4 III of the Insurance Code (category 12)
• Other contracts
• TOTAL

Residual PB end of Year N and end of Year N-1 after allocations and successive deductions

• Closing PPB Year N-1

Comparison of minimum PB with the amount of effective PB of the financial year

• Sums introduced in financial year N

• Sums introduced in financial year N-1

• Sums introduced in financial year N-2

• Sums introduced in financial year N-3

• Sums introduced in financial year N-4

• Sums introduced in financial year N-5

• Sums introduced in financial year N-6

• Sums introduced in financial year N-7

• Sums introduced in financial years N-8 and prior

• Total (= total amount of PPB)

• Amount of profit-sharing placed in reserve

• Total

• Technical Interest

• Allocations to the PB reserve (6306, 6326, 6346, 6356 only for PPB outside UC)

• Use of the PB reserve (6309, 6329, 6349, 6359 only for PPB outside UC)

• Closing PPB Year N