Instruction No. 2024-I-11 of October 21, 2024, on exchanges between the ACPR and insurance, reinsurance, and supplementary professional pension entities

AUTORITÉ DE CONTRÔLE PRUDENTIEL ET DE RÉSOLUTION

Instruction No. 2024-I-11 on exchanges between the Autorité de contrôle prudentiel et de résolution and insurance, reinsurance entities as well as supplementary professional pension entities modifying Instructions No. 2015-I-04 of May 29, 2015, No. 2015-I-05 of May 29, 2015, No. 2015-I-06 of May 29, 2015, No. 2015-I-07 of May 29, 2015, No. 2015-I-12 of April 21, 2015, No. 2015-I-15 of June 30, 2015, No. 2015-I-17 of June 30, 2015, No. 2015-I-27 of December 17, 2015, No. 2015-I-28 of December 17, 2015, No. 2015-I-34 of December 17, 2015, No. 2016-I-02 of January 14, 2016, No. 2016-I-06 of March 11, 2016, No. 2017-I-07 of July 19, 2017, No. 2017-I-20 of November 23, 2017, No. 2018-I-13 of July 11, 2018, No. 2019-I-06 of March 15, 2019, No. 2022-I-25 of December 14, 2022 and No. 2022-I-26 of December 14, 2022

The Autorité de contrôle prudentiel et de résolution, Having regard to the Monetary and Financial Code, particularly Article L. 612-24; Having regard to Directive 2009/138/EC, known as "Solvency II," and its Delegated Regulation (EU) No 2015/35; Having regard to Implementing Regulations (EU) No 2015/499, No 2015/500, No 2015/460, and No 2015/461; Having regard to the Insurance Code; Having regard to the Mutual Code; Having regard to the Social Security Code; Having regard to the opinion of the Prudential Affairs Consultative Committee of October 1, 2024, DECIDES

Article 1: This instruction applies to: 1° Entities referred to in points 1°, 3°, and 4° of Article L. 310-2 of the Insurance Code; 2° Entities referred to in Paragraph II of Article L. 310-1-1 of the Insurance Code; 3° Securitization vehicles referred to in Article L. 310-1-2 of the Insurance Code; 4° Mutual societies and unions governed by Book II of the Mutual Code and unions managing the federal guarantee systems referred to in Article L. 111-6 of the Mutual Code, as well as group mutual unions referred to in Article L. 111-4-2 of the same Code; 5° Provident institutions, unions, and joint provident groups governed by Title III of Book IX of the Social Security Code, and social protection group insurance companies referred to in Article L. 931-2-2 of the Social Security Code in its version resulting from Ordinance No. 2015-378 of April 2, 2015; 6° Group insurance companies and mixed group insurance companies referred to in Article L. 322-1-2 of the Insurance Code; 7° Supplementary professional pension funds referred to in Article L. 381-1 of the Insurance Code, supplementary professional pension institutions referred to in Article L. 942-1 of the Social Security Code, and supplementary professional pension mutual societies or unions referred to in Article L. 214-1 of the Mutual Code; 8° Mutual societies and unions governed by Book II of the Mutual Code that have concluded a substitution agreement for all their operations conducted pursuant to Article L. 211-5 are also subject to this instruction.

Article 2: For the entities referred to in Article 1, this instruction does not apply:

• To requests or transmissions of information related to the fight against money laundering and terrorist financing sent before January 20, 2025, regarding requests or transmissions of information related to customer protection.
• To documents or information transmitted during an on-site inspection provided for in Article L. 612-23 of the Monetary and Financial Code.
• To the submission of annual and quarterly documents provided for by current regulations, the technical and methodological modalities of which are defined by Instructions No. 2023-I-09, No. 2023-I-10, No. 2023-I-14, No. 2023-I-20, No. 2024-I-01, No. 2024-I-02, No. 2022-I-18, No. 2022-I-01, No. 2018-I-20, and No. 2017-I-11.

Article 3: Except in the cases referred to in Article 2 and subject to the rules applicable to the exchange of teletransmitted data, the liable entities referred to in Article 1 shall send any application file for authorization, notification, or declaration, including those provided for by the instructions listed in the annex, duly completed and signed, as well as any document or information, in electronic format to the Autorité de contrôle prudentiel et de résolution (hereinafter "ACPR") by depositing it on the portal accessible on the ACPR website or directly at the following address: https://acpr-portail.banque-france.fr

Article 4: The articles of the instructions listed below are replaced by the following provisions:

• Article 3 of Instruction No. 2015-I-04 of May 29, 2015 is replaced by the following provisions: "The application file for approval for the use of provisions on duration-based equity risk must be sent in electronic format to the Autorité de contrôle prudentiel et de résolution by depositing it at the following address: https://acpr-portail.banque-france.fr".
• Article 4 of Instruction No. 2015-I-05 of May 29, 2015 is replaced by the following provisions: "The application file for approval for the use of unlisted own funds elements must be sent in electronic format to the Autorité de contrôle prudentiel et de résolution by depositing it at the following address: https://acpr-portail.banque-france.fr".
• Article 3 of Instruction No. 2015-I-06 of May 29, 2015 is replaced by the following provisions: "The application file for approval for the use of the transitional measure on technical provisions must be sent in electronic format to the Autorité de contrôle prudentiel et de résolution by depositing it at the following address: https://acpr-portail.banque-france.fr".
• Article 3 of Instruction No. 2015-I-07 of May 29, 2015 is replaced by the following provisions: "The application file for approval for the use of the transitional measure regarding the relevant risk-free interest rate curve must be sent in electronic format to the Autorité de contrôle prudentiel et de résolution by depositing it at the following address: https://acpr-portail.banque-france.fr".
• The fourth paragraph of Article 2 of Instruction No. 2015-I-12 of April 21, 2015 is replaced by the following provisions: "This file, duly completed and signed, must be sent in electronic format to the ACPR by depositing it at the following address: https://acpr-portail.banque-france.fr".
• Article 3 of Instruction No. 2015-I-15 of June 30, 2015 is replaced by the following provisions: "This file must be sent in electronic format to the Autorité de contrôle prudentiel et de résolution by depositing it at the following address: https://acpr-portail.banque-france.fr".
• Article 2 of Instruction No. 2015-I-17 of June 30, 2015 is replaced by the following provisions: "This file must be sent in electronic format to the Autorité de contrôle prudentiel et de résolution by depositing it at the following address: https://acpr-portail.banque-france.fr".
• Article 3 of Instruction No. 2015-I-27 of December 17, 2015 is replaced by the following provisions: "The application and file referred to in Article 1 must be sent to the Autorité de contrôle prudentiel et de résolution as group supervisor, electronically by depositing them at the following address: https://acpr-portail.banque-france.fr".
• Article 3 of Instruction No. 2015-I-28 of December 17, 2015 is replaced by the following provisions: "The application and file referred to in Article 1 must be sent to the Autorité de contrôle prudentiel et de résolution as group supervisor, electronically by depositing them at the following address: https://acpr-portail.banque-france.fr".
• Article 2 of Instruction No. 2015-I-34 of December 17, 2015 is replaced by the following provisions: "This file must be sent in electronic format to the Autorité de contrôle prudentiel et de résolution by depositing it at the following address: https://acpr-portail.banque-france.fr".
• Article 6 of Instruction No. 2016-I-02 of January 14, 2016 is replaced by the following provisions: "The exemption request must be sent in electronic format to the Autorité de contrôle prudentiel et de résolution by depositing it at the following address: https://acpr-portail.banque-france.fr".
• Article 2 of Instruction No. 2016-I-06 of March 11, 2016 is replaced by the following provisions: "This file must be sent in electronic format to the Autorité de contrôle prudentiel et de résolution by depositing it at the following address: https://acpr-portail.banque-france.fr".
• Article 3 of Instruction No. 2017-I-07 of July 19, 2017 is replaced by the following provisions: "This file must be sent in electronic format to the Autorité de contrôle prudentiel et de résolution by depositing it at the following address: https://acpr-portail.banque-france.fr".
• Article 5 of Instruction No. 2017-I-20 of November 23, 2017 is replaced by the following provisions: "This file must be sent in electronic format to the Autorité de contrôle prudentiel et de résolution by depositing it at the following address: https://acpr-portail.banque-france.fr".
• Article 3 of Instruction No. 2018-I-13 of July 11, 2018 is replaced by the following provisions: "The application file for approval for the inclusion of latent capital gains in the formation of the solvency margin must be sent in electronic format to the Autorité de contrôle prudentiel et de résolution by depositing it at the following address: https://acpr-portail.banque-france.fr".
• Article 3 of Instruction No. 2019-I-06 of March 15, 2019 is replaced by the following provisions: "Liable entities must transmit the notification form at the latest 6 weeks before the entry into force of the outsourcing. In exceptional cases, and upon a duly justified request deposited with the supervisory service, this deadline may be reduced with the agreement of the service to 4 weeks before the entry into force of the outsourcing or any subsequent significant evolution concerning these functions or activities, electronically at the following address: https://acpr-portail.banque-france.fr".
• Article 3 of Instruction No. 2022-I-25 of December 14, 2022 is replaced by the following provisions: "These forms, duly completed and signed, must be sent in electronic format to the ACPR by depositing them at the following address: https://acpr-portail.banque-france.fr".
• Article 3 of Instruction No. 2022-I-26 of December 14, 2022 is replaced by the following provisions: "This form, duly completed and signed, must be sent in electronic format to the ACPR by depositing it at the following address: https://acpr-portail.banque-france.fr".

Article 5: The references to the electronic address "https://acpr-autorisations.banque-france.fr" provided for in the annexes to the aforementioned instructions are replaced by the electronic address "https://acpr-portail.banque-france.fr".

Article 6: This instruction is published in the official register of the Autorité de contrôle prudentiel et de résolution and enters into force on December 2, 2024. Made in Paris, on October 21, 2024 For the Insurance Sector Sub-Committee The President, Jean-Paul FAUGÈRE

ANNEX Instructions in force subject to modification of provisions relating to communication with the ACPR Subject Instruction Article Duration-based equity risk 2015-I-04 Article 3 Unlisted own funds 2015-I-05 Article 4 Transitional measure on technical provisions 2015-I-06 Article 3 Transitional measure on the risk-free rate curve 2015-I-07 Article 3 Single SFCR Report 2015-I-27 Article 3 Single ORSA Report 2015-I-28 Article 3 Quarterly reporting exemption 2016-I-02 modified by 2019-I-03 Article 6 Solvency margin of supplementary pension entities 2018-I-13 Article 3 Outsourcing of significant activity 2019-I-06 modified by 2020-I-09 Article 3 Legal Entity Identifier (LEI) 2015-I-12 modified by 2019-I-09 and 2021-I-23 4th paragraph of Article 2 Approval 2015-I-15 Article 3 2017-I-07 modified by 2018-I-14 and 2019-I-14 Article 3 SGAM, SGAPS, and UMG Authorizations 2015-I-17 modified by 2018-I-15 and 2019-I-11 Article 2 Change in shareholding 2015-I-34 modified by 2018-I-08 and 2019-I-12 Article 2 Substitution agreement 2016-I-06 modified by 2018-I-10 and 2019-I-03 Article 2 European Passport 2017-I-20 modified by 2019-I-15 Article 5 Effective managers and key function holders 2022-I-25 Article 3 2022-I-26 Article 3