Instruction No. 2011-I-16 on the Composition of the Prior Declaration File for Affiliation, Withdrawal, or Exclusion of a Group Mutual Union

PRUDENTIAL CONTROL AUTHORITY
Instruction No. 2011-I-16
Regarding the composition of the prior declaration file for the affiliation, withdrawal, or exclusion of a group mutual union

The Prudential Control Authority,
Having regard to the Mutual Code, particularly Articles L. 114-4-2 and R. 115-2; Having regard to the Monetary and Financial Code, particularly Article R. 612-21; Having regard to the opinion of the Prudential Affairs Advisory Committee dated November 4, 2011; Decides:

Article 1
The file provided for in Article R. 115-2 of the Mutual Code shall consist of the elements defined in the annex to this instruction.

Article 2
The declaration file shall be sent in two copies to the following address:
General Secretariat of the Prudential Control Authority Directorate of Approvals, Authorizations, and Regulation 66-2789 61 rue Taitbout 75436 Paris Cedex 09

Paris, November 23, 2011

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

Instruction No. 2011-I-16
Regarding the composition of the prior declaration file for the affiliation, withdrawal, or exclusion of a group mutual union Prudential Control Authority 2

Annex
Composition of the prior declaration file for the affiliation, withdrawal, or exclusion of a group mutual union

For affiliations with group mutual unions mentioned in L. 111-4-2, as well as in cases of withdrawal or exclusion from them, the file mentioned in Article R. 115-2 shall consist of the following documents, drafted in French or accompanied by a certified French translation.

I. Information regarding the entities concerned by the operation
a) The name and address of the entities for which the operation is planned; b) A document proving the regular constitution of each of them in accordance with the laws and regulations of the state of their registered office, except for operators authorized in France, as well as the statutes of the group mutual union; c) The list of members of the board of directors and salaried executives, mentioned in Articles L. 114-16 and L. 114-19, as well as any person called upon to exercise equivalent functions, for each entity. This list shall include the surname, first name, domicile, nationality, date and place of birth of each aforementioned member; d) A description of the activities of each of them and the details of their holdings in French or foreign insurance undertakings; e) Where applicable, for each of them, a list of the main entities falling within the scope of combination or consolidation as defined by Article L. 212-7 of this Code, supplemented by a detailed organizational chart; f) For each of them, the balance sheet and income statement for the last two closed financial years, as well as, where applicable, the consolidated or combined accounts for the last two closed financial years; g) If any of them has been or is likely to be the subject of a professional, administrative, or judicial investigation or procedure, the sanctions or financial consequences that have resulted or are likely to result therefrom; h) For the entity wishing to affiliate, the coverage rate of its solvency margin; i) For the group mutual union, the supplementary supervision file for all affiliated members.

II. Information regarding the envisaged operation
a) The affiliation agreement mentioned in Article R. 115-6; b) The decision of the general assembly of the entity requesting affiliation or ruling on the termination; c) The decision of the general assembly of the group mutual union approving the affiliation or ruling on the exclusion; d) All information regarding the expected objectives and effects of the planned operation, including:

• in all cases, a prospective activity program for the new consolidated or combined entity over five years, including prospective income statements and balance sheets, major financial flows, and forecasts regarding the solvency margin,
• in the event of withdrawal or exclusion, a prospective activity program for the entity intending to terminate the affiliation agreement or subject to exclusion. In addition to the indications mentioned in the previous paragraph, this activity program shall include forecasts regarding the coverage of its regulated commitments;
  e) All information regarding the methods for monitoring and controlling the activities and results of the entity planning to affiliate.