Instruction No. 2016-I-16 of June 27, 2016 on annual prudential documents for Solvency II entities under ACPR control (repealed)

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2016-I-16 on annual prudential documents to be submitted by entities subject to ACPR control under the so-called "Solvency II" regime, as amended by Instructions No. 2019-I-04 of March 15, 2019, No. 2019-I-27 of December 19, 2019, No. 2020-I-03 of April 3, 2020, No. 2020-I-16 of December 16, 2020, No. 2021-I-04 of June 15, 2021, No. 2021-I-07 of June 18, 2021 and No. 2021-I-11 of October 15, 2021

The Prudential Control and Resolution Authority, Having regard to Delegated Regulation (EU) No 2015/35 of the European Commission of October 10, 2014 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II); Having regard to Implementing Regulation (EU) 2015/2450 of the European Commission of December 2, 2015 laying down implementing technical standards with regard to templates for reporting information to supervisory authorities under Directive 2009/138/EC of the European Parliament and of the Council; Having regard to the Monetary and Financial Code, in particular Articles L. 612-2 and L. 612-24; Having regard to the Insurance Code, in particular Articles L. 310-3-1, L. 355-1, L. 356-21, D. 344-5; Having regard to the Mutual Code, in particular Articles L. 212-1, L. 211-10 and D. 114-11; Having regard to the Social Security Code, in particular Articles L. 931-6, L. 931-9 and D. 931-37; Having regard to the Public Health Code; Having regard to the Commercial Code; Having regard to Decree No. 2015-1121 of September 4, 2015 amending the statistical statements of insurance companies, mutual societies and provident institutions in respect of complementary social protection; Having regard to the Order of June 24, 2008 defining the procedures for transmitting data relating to medical liability to the Prudential Control and Resolution Authority; Having regard to the opinion of the Prudential Affairs Consultative Committee dated June 6, 2016.

DECIDES

Article 1:
I. Without prejudice to the submission obligations defined in Delegated Regulations (EU) No 2015/35 of the Commission of October 10, 2014 and No 2015/2450 of December 2, 2015, the following entities are subject to this Instruction:
a. insurance and reinsurance undertakings under the so-called "Solvency II" regime mentioned in Articles L. 310-3-1 of the Insurance Code, L. 211-10 of the Mutual Code and L. 931-6 of the Social Security Code; b. insurance group societies and mutual insurance group societies mentioned in Articles L. 322-1-2 and L. 322-1-3 of the Insurance Code; mutual group unions mentioned in Article L. 111-4-2 of the Mutual Code; social protection insurance group societies mentioned in Article L. 931-2-2 of the Social Security Code; mixed financial holding companies mentioned in Article L. 517-4 of the Monetary and Financial Code, included in group supervision within the meaning of Article L. 356-2 of the Insurance Code.

II. Mutual societies and unions that have entered into a substitution agreement pursuant to Article L. 211-5 of the Mutual Code for all their operations under the so-called "Solvency II" regime, and whose annual accounts are drawn up by the entity that has substituted for them, are subject only to the submission obligations defined in I., II. and III. of Article 3 of this Instruction. These submissions may be made within the same time limits by the substituting mutual society or union.

Article 2:
I. The entities referred to in I. a. of Article 1 shall submit to the Prudential Control and Resolution Authority, within four months following the closing of the annual financial year, the statements which, among the following statements established according to the models defined in Annex A of this Instruction, are applicable to them:

• FR.01.01 - Content of the submission

• FR.01.02 - Basic information

• FR.02.01 – Balance sheet

• FC.02.01 – Balance sheet by legal compartment

• FG.02.01 – Balance sheet for the general fund

• FR.03.01 - Technical profit and loss account for life operations

• FC.03.01 – Life technical profit and loss account by legal compartment

• FR.03.02 – Non-life technical profit and loss account

• FR.03.03 – Non-technical profit and loss account

• FC.03.03 – Non-technical profit and loss account by legal compartment

• FR.04.01 – Variation of shareholders' equity for insurance companies

• FR.04.02 – Variation of shareholders' equity for mutual societies

• FR.04.03 – Variation of shareholders' equity for provident institutions

• FR.05.01 – Variation of fixed assets

• FR.06.01 – Breakdown of the amount of provisions (non-technical liabilities)

• FR.07.01 – Details of deferred accounts

• FR.08.01 – Breakdown of general expenses by nature and destination, Breakdown of personnel costs, Commitments towards members of management bodies

• FR.09.01 – Income and expenses from voluntary contributions in kind

• FR.10.01 – Financial data relating to social welfare activities

• FR.11.01 – Prospective evolution of the un-discounted capitalization reserve

• FR.12.01 – Breakdown of financial results by type of movements, by type of flows and by nature of securities

• FR.13.01 – Profit and loss account by category (life & bodily injury)

• FR.13.02 – Profit and loss account by category (mixed & bodily injury)

• FR.13.03 – Profit and loss account by category (non-life & bodily injury)

• FR.13.04 – Profit and loss account by category (life & bodily injury) – Branches

• FR.13.05 – Profit and loss account by category (mixed & bodily injury) – Branches

• FR.13.06 – Profit and loss account by category (non-life & bodily injury) – Branches

• FR.20.01 – Interest Rate Survey - Monitoring of the revaluation rates of mathematical provisions

• FR.22.01 – Profit participation / surpluses - General Fund

• FR.22.02 – Profit participation / surpluses - Euro growth

• FR.22.03 – Profit participation / surpluses – PERP

• FR.22.04 – Reconciliation with the profit and loss account and the balance sheet

• FR.23.01 – Guaranteed minimum rate, monitoring of envelopes

• FR.24.01 – Provisions for incurred but not reported claims – construction insurance

• FR.25.01 – Transactions carried out on behalf of unions of provident institutions

• FR.26.01 – Monitoring of branch 26 agreements

• FR.27.01 – Status report on substitution activity

• FR.28.01 – Supplementary Professional Retirement (RPS) compartment

• FR.30.01 – Valuation of real estate assets

II. The entities referred to in I. a. of Article 1 shall submit to the Prudential Control and Resolution Authority, within four months following the closing of the annual financial year, the following statements which are applicable to them:

• FR.14.01 – Insured, covered and beneficiaries by type of guarantees
• FR.14.02 – Premiums and benefits by type of guarantees
• FR.14.03 – Medical expenses and daily allowances paid during the financial year
• FR.14.04 – Management fee supplements for "medical expenses" guarantees, delegated management of a mandatory health scheme, CMU, ACS and tax on insurance conventions for health contracts
• FR.21.01 – Medical liability (total)
• FR.21.02 – Medical liability – Gynecology / Obstetrics
• FR.21.03 – Medical liability – Anesthesia / Resuscitation
• FR.21.04 – Medical liability – Surgery
• FR.21.04 – Medical liability – Other specialties
• FR.29.01 – Internal models - Coverage of the Solvency Capital Requirement in the Standard Formula – Solo. By exception, this statement is to be submitted to the Prudential Control and Resolution Authority within eight months following the closing of the annual financial year.

III. - The entities referred to in I. b. of Article 1 shall submit to the Prudential Control and Resolution Authority, within eight months following the closing of the annual financial year, the statement defined in Annex C of this Instruction:

• FR.29.01 – Internal models - Coverage of the Solvency Capital Requirement in the Standard Formula – Groups.

IV. - Captive reinsurance undertakings mentioned in point 3° of Article L. 350-2 of the Insurance Code are exempt from submitting a fraction of the statements mentioned in I of this Article.
The following statements are concerned:

• FR.05.01 – Variation of fixed assets

• FR.06.01 – Breakdown of the amount of provisions (non-technical liabilities)

• FR.07.01 – Details of deferred accounts

• FR.08.01 – Breakdown of general expenses by nature and destination, Breakdown of personnel costs, Commitments towards members of management bodies

• FR.09.01 – Income and expenses from voluntary contributions in kind

• FR.11.01 – Prospective evolution of the un-discounted capitalization reserve

• FR. 12.01 – Breakdown of financial results by type of movements, by type of flows and by nature of securities

• FR.23.01 – Guaranteed minimum rate, monitoring of envelopes

Article 3: I. The entities referred to in Article 1 shall submit to the Prudential Control and Resolution Authority, within four months following the closing of the annual financial year:

• general information, as referred to in Annex B.II. The entities referred to in I. a. of Article 1 shall submit to the Prudential Control and Resolution Authority, within thirty days following their approval by the general meeting:
• the annual accounts published in application of Articles L. 341-1 to L. 341-4 of the Insurance Code, L. 114-46-2 of the Mutual Code and L. 931-33-3 of the Social Security Code;
• the management report drawn up in application of Articles L. 225-102 and L. 232-1 of the Commercial Code, Article L. 322-26-2-4 of the Insurance Code, paragraph 3 of Article L 114-17 of the Mutual Code, and Article L. 931-33-3 of the Social Security Code;
• the report of the statutory auditors on the annual accounts, in application of Articles L. 341-3 of the Insurance Code, L. 114-46-2 of the Mutual Code and L. 931-33-3 of the Social Security Code as well as the third paragraph of Article L. 225-40 and the third paragraph of Article L. 225-88 of the Commercial Code;
• the special report of the statutory auditors on all regulated agreements, as provided for in point 1° of IV of Article R. 322-57 of the Insurance Code, Article R. 322-7 of the Insurance Code, Article L 114-34 of the Mutual Code, Article R 931-3-27 of the Social Security Code and Article L. 225-40 of the Commercial Code.

III. The entities mentioned in I. a. of Article 1 shall submit to the Prudential Control and Resolution Authority, within thirty days following their approval by the board of directors or the supervisory board, and no later than June 30 following the closing of the annual financial year:

• the report on the procedures for drawing up and verifying financial and accounting information provided for in Article R. 341-9 of the Insurance Code;

IV. The entities mentioned in I. b. of Article 1 shall submit to the Prudential Control and Resolution Authority, within thirty days following their approval by the general meeting:

• the annual accounts published in application of Articles L. 341-1 to L. 341-4 of the Insurance Code, L. 114-46-2 of the Mutual Code and L. 931-33-3 of the Social Security Code;

• the management report drawn up in application of Articles L. 225-102 and L. 232-1 of the Commercial Code, Article L. 322-26-2-4 of the Insurance Code, paragraph 3 of Article L. 114-17 of the Mutual Code, and Article L. 931-33-3 of the Social Security Code;

• the report of the statutory auditors on the annual accounts, in application of Articles L. 341-3 of the Insurance Code, L. 114-46-2 of the Mutual Code and L. 931-33-3 of the Social Security Code as well as the third paragraph of Article L. 225-40 and the third paragraph of Article L. 225-88 of the Commercial Code;

• the special report of the statutory auditors on all regulated agreements, as provided for in point 1° of IV of Article R. 322-57 of the Insurance Code, Article R. 322-7 of the Insurance Code, Article L. 114-34 of the Mutual Code, Article R. 931-3-27 of the Social Security Code and Article L. 225-40 of the Commercial Code;

V. Mutual insurance companies defined in Article L. 322-26-1 of the Insurance Code and companies mentioned in Article L. 322-26-4 of the Insurance Code shall submit to the Prudential Control and Resolution Authority, within four months following the closing of the annual financial year:

• the special report of the statutory auditors concerning insurance contracts of any nature subscribed with the company by its directors, its members of the supervisory board, its members of the executive board, its salaried executives and their spouses, ascendants and descendants, as provided for in point 2° of IV of Article R. 322-57 of the Insurance Code.

VI. The entities mentioned in I. a. of Article 1, which directly cover commitments falling under Article L. 144-2 of the Insurance Code, shall submit to the Prudential Control and Resolution Authority, within six months following the closing of the annual financial year:

• the annual report on the actuarial balance and the administrative, technical and financial management of the plan (PERP), as provided for in III of Article L. 144-2 of the Insurance Code.

Article 4
Instruction No. 2014-I-03 of March 3, 2014 amending Instruction No. 2011-I-02 of January 11, 2011 creating the supplementary table to the investment statements is repealed.
Instruction No. 2013-I-02 of May 28, 2013 creating the profit participation monitoring statement - C22 is repealed.
Instruction No. 2013-I-03 of May 28, 2013 creating the statement on guaranteed minimum rates - C23 is repealed.
Instruction No. 2013-I-04 of May 28, 2013 creating the statement on monitoring agreements under branch 26 - C26 is repealed.
Instruction No. 2013-I-05 of May 28, 2013 creating the statement on provisions for incurred but not reported claims - C24 is repealed.

Article 5
The technical and methodological procedures for submission are defined by the ACPR Instructions in force.

Article 6
This Instruction shall enter into force upon its publication.

Paris, June 27, 2016
For the Insurance Sectoral Sub-College
The President,
[Bernard DELAS]