Instruction No. 2018-I-16 of July 11, 2018, repealing Instruction No. 2017-I-03 regarding annual prudential documents to be submitted by ACPR-supervised entities not subject to Solvency II

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2018-I-16 repealing Instruction No. 2017-I-03 regarding annual prudential documents to be communicated by entities subject to ACPR supervision not falling under the so-called "Solvency II" regime

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 the Insurance Code, in particular Articles L. 310-3-2, R. 336-6, R. 336-7, R. 336-8 and D. 344-5; Having regard to the Mutual Code, in particular Articles L. 212-1, L. 211-11 and D. 11411; Having regard to the Social Security Code, in particular Articles L. 931-6-1, 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, mutuals and provident institutions regarding complementary social protection; Having regard to the Order of June 24, 2008, defining the procedures for transmitting data relating to medical liability to the ACPR; Having regard to the opinion of the Prudential Affairs Consultative Committee dated June 20, 2018.

DECIDES

Article 1

The following are subject to this Instruction:
a) entities not falling under the so-called "Solvency II" regime within the meaning of:

• Article L. 310-3-2 of the Insurance Code;
• Article L. 211-11 of the Mutual Code, with the exception of entities referred to in b) of this Instruction;
• Article L. 931-6-1 of the Social Security Code.
  Their submission obligations are defined in Articles 2-1 to 3. b) mutuals and unions fully substituted as referred to in 3° of Article L. 211-11 of the Mutual Code. Their submission obligations are defined in Article 4. c) branches of foreign companies mentioned in Article L. 310-10-1 of the Insurance Code, for the statements applicable to them.

Article 2-1

The entities referred to in a) of Article 1, which carry out an activity mentioned in 1°, 2° or 3° of Article L. 310-1 of the Insurance Code, shall submit to the ACPR, within four months following the closing of the annual fiscal year, the following statements, prepared according to the models defined in Annex A of this Instruction:

• C3: Acceptances and cessions in reinsurance
• C4: Premiums by categories of contracts and guarantees
• C5: Representation of privileged commitments
• C6: Solvency margin
• C8: Description of the reinsurance plan
• C9: Dispersion of reinsurers and simulation of events
• C10: Premiums and results by accident year
• C11: Claims by accident year
• C12: Claims and results by underwriting year
• C13: Reinsurers' share in claims
• TCEP: Supplementary table to the investment statements
• FR.02.01: Balance Sheet
• FR.03.03: Non-technical Income Statement
• FR.04.01: Variation of equity for insurance companies
• FR.05.01: Variation of fixed assets
• FR.06.01: Breakdown of the amount of provisions (non-technical liabilities)
• FR.07.01: Details of regularisation accounts
• FR.08.01: Breakdown of general expenses by nature and destination, breakdown of personnel costs, Commitments towards members of management bodies
• FR.10.01: Financial data relating to social action activities
• FR.12.01: Breakdown of financial results by type of movements, by type of flows and by nature of securities

Without prejudice to point I, the entities referred to in a) of Article 1, which carry out exclusively an activity mentioned in 1° of Article L. 310-1 of the Insurance Code, shall also submit to the ACPR, within four months following the closing of the annual fiscal year, the following statements, prepared according to the models defined in Annex A of this Instruction:

• C20: Movements of policies, capitals and annuities
• FR.03.01: Technical Income Statement - Life
• FR.13.01: Income Statement by category (Life & Bodily Injury)
• FR.20.01: Servis Rate Statement - Tracking of Life mathematical provisions by contract
• FR.22.01: Participation in profits / surpluses – General Fund
• FR.22.02: Participation in profits / surpluses – Euro Growth
• FR.22.03 Participation in profits / surpluses – PERP
• FR.22.04 Reconciliation with the income statement and balance sheet
• FR.23.01 Guaranteed minimum rate, tracking of envelopes

Without prejudice to point I, the entities referred to in a) of Article 1, which carry out exclusively an activity mentioned in 2° or 3° of Article L. 310-1 of the Insurance Code, shall also submit to the ACPR, within four months following the closing of the annual fiscal year, the following statements, prepared according to the models defined in Annex A of this Instruction:

• FR.03.02: Non-life Technical Income Statement
• FR.13.03: Income Statement by category (Non-life & Bodily Injury)
• FR.24.01: Provisions for unreported claims – construction insurance

Without prejudice to point I, the entities referred to in a) of Article 1, which carry out a mixed activity falling under 1° and 2° of Article L. 310-1 of the Insurance Code, shall also submit to the ACPR, within four months following the closing of the annual fiscal year, the following statements, prepared according to the models defined in Annex A of this Instruction:

• C20: Movements of policies, capitals and annuities
• FR.03.01: Technical Income Statement - Life
• FR.03.02: Non-life Technical Income Statement
• FR.13.01: Income Statement by category (Life & Bodily Injury)
• FR.13.02: Income Statement by category (Mixed & Bodily Injury)
• FR.20.01: Servis Rate Statement - Tracking of Life mathematical provisions by contract
• FR.22.01: Participation in profits / surpluses – General Fund
• FR.22.02: Participation in profits / surpluses – Euro Growth
• FR.22.03: Participation in profits / surpluses – PERP
• FR.22.04: Reconciliation with the income statement and balance sheet
• FR.23.01: Guaranteed minimum rate, tracking of envelopes

Article 2-2

I. The entities referred to in a) of Article 1, which carry out an activity mentioned in a), b), c), d) or e) of 1° of I of Article L. 111-1 of the Mutual Code, shall submit to the ACPR, within four months following the closing of the annual fiscal year, the following statements, prepared according to the models defined in Annex A of this Instruction:

• C3: Acceptances and cessions in reinsurance, direct business taken and operations given in substitution
• C4: Contributions by categories of operations and guarantees
• C5: Representation of privileged commitments
• C6: Solvency margin
• C8: Description of the reinsurance plan
• C9: Dispersion of reinsurers and simulation of events
• C10: Contributions and results by accident year
• C11: Benefits by accident year
• C12: Benefits and results by underwriting year
• C13: Reinsurers' share in benefits
• TCEP: Supplementary table to the investment statements
• FR.02.01: Balance Sheet
• FR.03.03: Non-technical Income Statement
• FR.04.02: Variation of equity for mutuals
• FR.05.01: Variation of fixed assets
• FR.06.01: Breakdown of the amount of provisions (non-technical liabilities)
• FR.07.01: Details of regularisation 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 action activities
• FR.12.01: Breakdown of financial results by type of movements, by type of flows and by nature of securities

Without prejudice to point I, the entities referred to in a) of Article 1, which carry out exclusively an activity mentioned in b) of 1° of I of Article L. 111-1 of the Mutual Code, shall also submit to the ACPR, within four months following the closing of the annual fiscal year, the following statements, prepared according to the models defined in Annex A of this Instruction:

• C20: Movement of membership forms for regulations or contracts for capitals and annuities
• FR.03.01: Technical Income Statement - Life
• FR.13.01: Income Statement by category (Life & Bodily Injury)
• FR.20.01: Servis Rate Statement - Tracking of Life mathematical provisions by contract
• FR.22.01: Participation in profits / surpluses - General Fund
• FR.22.03: Participation in profits / surpluses – PERP
• FR.22.04: Reconciliation with the income statement and balance sheet

Without prejudice to point I, the entities referred to in a) of Article 1, which carry out exclusively an activity mentioned in a), c), d) or e) of 1° of I of Article L. 111-1 of the Mutual Code, shall also submit to the ACPR, within four months following the closing of the annual fiscal year, the following statements, prepared according to the models defined in Annex A of this Instruction:

• FR.03.02: Non-life Technical Income Statement
• FR.13.03: Income Statement by category (Non-life & Bodily Injury)

Without prejudice to point I, the entities referred to in a) of Article 1, which carry out a mixed activity mentioned in a) and b), c), d) or e) of 1° of I of Article L. 111-1 of the Mutual Code, shall also submit to the ACPR, within four months following the closing of the annual fiscal year, the following statements, prepared according to the models defined in Annex A of this Instruction:

• C20: Movement of membership forms for regulations or contracts for capitals and annuities
• FR.03.01: Technical Income Statement - Life
• FR.03.02: Non-life Technical Income Statement
• FR.13.01: Income Statement by category (Life & Bodily Injury)
• FR.13.02: Income Statement by category (Mixed & Bodily Injury)
• FR.20.01: Servis Rate Statement - Tracking of Life mathematical provisions by contract
• FR.22.01: Participation in profits / surpluses - General Fund
• FR.22.03: Participation in profits / surpluses – PERP
• FR.22.04: Reconciliation with the income statement and balance sheet

Article 2-3

The entities referred to in a) of Article 1, which carry out an activity mentioned in a), b) or c) of Article L. 931-1 of the Social Security Code, shall submit to the ACPR, within four months following the closing of the annual fiscal year, the following statements, prepared according to the models defined in Annex A of this Instruction:

• C3: Acceptances and cessions in reinsurance
• C4: Contributions by categories of operations and guarantees
• C5: Representation of privileged commitments
• C6: Solvency margin
• C10: Contributions and results by accident year
• C11: Claims by accident year
• C12: Claims and results by underwriting year
• C13: Reinsurers' share in claims
• TCEP: Supplementary table to the investment statements
• FR.02.01: Balance Sheet
• FR.03.03: Non-technical Income Statement
• FR.04.03: Variation of 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 regularisation accounts
• FR.08.01: Breakdown of general expenses by nature and destination, breakdown of personnel costs, Commitments towards members of management bodies
• FR.10.01: Financial data relating to social action activities
• FR.12.01: Breakdown of financial results by type of movements, by type of flows and by nature of securities
• FR.22.01: Participation in profits / surpluses - General Fund
• FR.22.03: Participation in profits / surpluses – PERP
• FR.22.04: Reconciliation with the income statement and balance sheet
• FR.25.01: Operations carried out on behalf of unions of provident institutions.

Without prejudice to point I, the entities referred to in a) of Article 1, which carry out exclusively an activity mentioned in a) of Article L. 931-1 of the Social Security Code, shall submit to the ACPR, within four months following the closing of the annual fiscal year, the following statements, prepared according to the models defined in Annex A of this Instruction:

• C20: Movement of membership forms for regulations or contracts for capitals and annuities
• FR.03.01: Technical Income Statement - Life
• FR.13.01: Income Statement by category (Life & Bodily Injury)
• FR.20.01: Servis Rate Statement - Tracking of Life mathematical provisions by contract

Without prejudice to point I, the entities referred to in a) of Article 1, which carry out exclusively an activity mentioned in b) or c) of Article L. 931-1 of the Social Security Code, shall submit to the ACPR, within four months following the closing of the annual fiscal year, the following statements, prepared according to the models defined in Annex A of this Instruction:

• FR.03.02 – Non-life Technical Income Statement
• FR.13.03 – Income Statement by category (Non-life & Bodily Injury)

Without prejudice to point I, the entities referred to in a) of Article 1, which carry out a mixed activity mentioned in a) and b) or c) of Article L. 931-1 of the Social Security Code, shall submit to the ACPR, within four months following the closing of the annual fiscal year, the following statements, prepared according to the models defined in Annex A of this Instruction:

• C20: Movement of membership forms for regulations or contracts for capitals and annuities
• FR.03.01: Technical Income Statement - Life
• FR.03.02: Non-life Technical Income Statement
• FR.13.01: Income Statement by category (Life & Bodily Injury)
• FR.13.02: Income Statement by category (Mixed & Bodily Injury)
• FR.20.01: Servis Rate Statement - Tracking of Life mathematical provisions by contract

Article 2-4

In accordance with Decree 2015-1857 of December 30, 2015, Article L. 612-24 of the Monetary and Financial Code, paragraph 5, Article D. 344-5 of the Insurance Code, Article D. 114-11 of the Mutual Code, Article D. 931-37 of the Social Security Code and the Order of June 24, 2008 defining the procedures for transmitting data relating to medical liability to the ACPR, the entities referred to in a) of Article 1 shall submit, without prejudice to Articles 2-1 to 2-3, to the ACPR, within four months following the closing of the annual fiscal year, the following statements applicable to them:

• FR.14.01: Insured persons, covered persons and beneficiaries by type of guarantee
• FR.14.02: Premiums and benefits by type of guarantee
• FR.14.03: Medical expenses and daily allowances paid during the fiscal year
• FR.14.04: Supplementary management fees for "medical expenses" guarantees, delegated management of a mandatory health scheme, CMU, ACS and tax on insurance conventions for health contracts
• FR.13.03: Income Statement by category (Non-life & Bodily Injury)

Article 2-5

The entities referred to in c) of Article 1, which carry out an activity mentioned in 2° or 3° of Article L. 310-1 of the Insurance Code, shall submit to the ACPR, within four months following the closing of the annual fiscal year, the following statements, prepared according to the models defined in Annex A of this Instruction:

• C3: Acceptances and cessions in reinsurance
• C4: Premiums by categories of contracts and guarantees
• C5: Representation of privileged commitments
• C8: Description of the reinsurance plan
• C9: Dispersion of reinsurers and simulation of events
• C10: Premiums and results by accident year
• C11: Claims by accident year
• C12: Claims and results by underwriting year
• C13: Reinsurers' share in claims
• TCEP: Supplementary table to the investment statements
• FR.02.01: Balance Sheet
• FR.03.02: Non-life Technical Income Statement
• FR.03.03: Non-technical Income Statement
• FR.04.01: Variation of equity for insurance companies
• FR.05.01: Variation of fixed assets
• FR.06.01: Breakdown of the amount of provisions (non-technical liabilities)
• FR.07.01: Details of regularisation accounts
• FR.08.01: Breakdown of general expenses by nature and destination, breakdown of personnel costs, Commitments towards members of management bodies
• FR.12.01: Breakdown of financial results by type of movements, by type of flows and by nature of securities
• FR.13.03: Income Statement by category (Non-life & Bodily Injury)
• FR.24.01: Provisions for unreported claims - construction insurance

The entities referred to in c) of Article 1 shall submit to the ACPR, within four months following the closing of the annual fiscal year:

• general information, as defined in Annex B.
• the annual accounts published in application of Articles L. 341-1 to L. 341-4 of the Insurance Code;

The entities referred to in c) of Article 1 shall submit to the ACPR, within thirty days following their approval by the board of directors, and no later than June 30 following the closing of the annual fiscal year:

• the solvency report provided for in Article L. 336-1 of the Insurance Code, which may include the report relating to the reinsurance policy provided for in Article R. 336-5 of the Insurance Code and the report on the investment policy provided for in Article R. 336-2 of the Insurance Code;
• the report on internal control, provided for in Article R. 336-1 of the Insurance Code;

Article 3

The entities referred to in a) of Article 1 shall submit to the ACPR, within four months following the closing of the annual fiscal year:

• general information, as defined in Annex B.

The entities referred to in a) of Article 1 shall submit to the ACPR, 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 of the Social Security Code;
• the management report established 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 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 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 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.

The entities referred to in a) of Article 1 shall submit to the ACPR, 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 fiscal year:

• the solvency report provided for in Article L. 336-1 of the Insurance Code, which may include the report relating to the reinsurance policy provided for in Article R. 336-5 of the Insurance Code and the report on the investment policy provided for in Article R. 336-2 of the Insurance Code;
• the report on internal control, provided for in Article R. 336-1 of the Insurance Code;
• the report on the procedures for the preparation and verification of financial and accounting information provided for in Article R. 341-9 of the Insurance Code;
• the report on the internal control of the anti-money laundering and counter-terrorist financing system, in application of Articles R. 561-38 of the Monetary and Financial Code and A. 310-9 of the Insurance Code.

The entities referred to in a) of Article 1, which carry out an activity mentioned in Article L. 310-1 of the Insurance Code, shall submit to the ACPR, within four months following the closing of the annual fiscal year:

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

The entities referred to in a) of Article 1, which carry out an activity mentioned in Article L. 310-1 of the Insurance Code, shall submit to the ACPR, within six months following the closing of the annual fiscal year:

• the report relating to the results of financial management and the implementation of the allocation orientations of the auxiliary accounting, provided for in Article R. 134-13 of the Insurance Code.

The entities referred to in a) of Article 1, which carry out an activity mentioned in 1°, of Article L. 310-1 of the Insurance Code, b) of 1° of I of Article L. 111-1 of the Mutual Code or a) of Article L. 931-1 of the Social Security Code, shall submit to the ACPR, within six months following the closing of the annual fiscal year:

• The annual report on actuarial balance and 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

The entities referred to in b) of Article 1 shall submit to the ACPR, within four months following the closing of the annual fiscal year:

• general information, as defined in Annex B.

The entities referred to in b) of Article 1 shall submit to the ACPR, within thirty days following their approval by the general meeting:

• the annual accounts published in application of Article L. 114-46-2 of the Mutual Code;
• the management report established in application of Articles L. 225-102 and L. 232-1 of the Commercial Code and paragraph 3 of Article L. 114-17 of the Mutual Code;
• the report of the statutory auditors on the annual accounts, in application of Articles L. 114-46-2 of the Mutual Code, the third paragraph of Article L. 225-40 and the third paragraph of Article L. 225-88 of the Commercial Code.

The entities referred to in b) of Article 1 shall submit to the ACPR, within thirty days following their approval by the board of directors, and no later than June 30 following the closing of the annual fiscal year:

• the report on the procedures for the preparation and verification of financial and accounting information provided for in Article R. 341-9 of the Insurance Code;
• the report on the internal control of the anti-money laundering and counter-terrorist financing system, in application of Articles R. 561-38 of the Monetary and Financial Code and A. 310-9 of the Insurance Code.

Mutuals and unions that have entered into a substitution agreement pursuant to Article L. 211-5 of the Mutual Code for all their operations, and whose annual accounts are prepared by the entity that has substituted them, are not subject to the obligation to transmit the documents mentioned in this Article. These documents must however...