Instruction No. 2015-I-03 of May 29, 2015 on the forms for the appointment or renewal of effective managers or key function holders of insurance sector entities and amending Instruction No. 2015-I-02 (repealed)

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2015-I-03 on the forms for the appointment or renewal of effective managers or key function holders of insurance sector entities and amending Instruction No. 2015-I-02

The Prudential Control and Resolution Authority, Having regard to the Monetary and Financial Code, particularly Article L. 612-23-1 as amended by Ordinance No. 2015-378 of April 2, 2015, Articles 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 and L. 356-18 as amended by Ordinance No. 2015-378 of April 2, 2015; Having regard to the Mutual Insurance Code, particularly Articles L. 114-21, L. 211-10, L. 211-13 and L. 212-1 as amended by Ordinance No. 2015-378 of April 2, 2015; Having regard to the Social Security Code, particularly Articles L. 931-6, L. 931-7-1, L. 931-7-2 and L. 931-9 as amended by Ordinance No. 2015-378 of April 2, 2015; Having regard to Section III of Article 19 of Ordinance No. 2015-378 of April 2, 2015; Having regard to the opinion of the Prudential Affairs Advisory Committee dated January 30, 2015, Decides:

Article 1
The following entities are hereinafter referred to as "subject entities": those 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 Insurance Code, and Article L. 931-6 of the Social Security Code, as amended by Ordinance No. 2015-378 of April 2, 2015, as well as parent and participating undertakings mentioned in Article L. 356-18 of the Insurance Code, as amended by Ordinance No. 2015-378 of April 2, 2015.

Article 2
Subject entities referred to in Article 1 must notify the Prudential Control and Resolution Authority (ACPR) of any appointment or renewal of persons who effectively manage the entity and of key function holders, as well as any person called upon to actually perform equivalent functions in accordance with Section II of Article L. 612-23-1 of the Monetary and Financial Code, as amended by Ordinance No. 2015-378 of April 2, 2015, and, at the group level referred to in Article L. 356-1 of the Insurance Code, in accordance with Article L. 356-18 of the Insurance Code, as amended by Ordinance No. 2015-378 of April 2, 2015. Pursuant to Section III of Article 19 of Ordinance No. 2015-378 of April 2, 2015, the notifications referred to in the preceding paragraph may be received by the ACPR upon publication of this instruction for persons who will not assume their respective functions, as defined by the provisions of said ordinance, until January 1, 2016. These transitional provisions do not apply at the group level. The notification referred to in the first paragraph shall be submitted using the forms attached as Annexes 1 and 2 to this instruction.

Article 3
These forms must be sent in one copy by mail and in electronic format to the following addresses:
General Secretariat of the Prudential Control and Resolution Authority Directorate of Approvals, Authorizations and Regulation 66-2789 Insurance Entities Service 61, rue Taitbout 75436 Paris Cedex 09 Electronic address: 2789-DIRIGEANTS-RFC-SOA-UT@acpr.banque-france.fr

Article 4
Instruction No. 2015-I-02 on the form for the appointment or renewal of managers of insurance sector entities will cease to apply to entities subject to this instruction as of January 1, 2016.

Article 5
This instruction shall enter into force upon its publication.
Paris, May 29, 2015
The President of the Prudential Control and Resolution Authority, [Robert OPHÈLE]