Instruction No. 2026-I-13 replacing Instruction No. 2022-I-25 regarding nomination or renewal forms for effective managers or key function holders of insurance and supplementary professional pension schemes

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2026-I-13 replacing Instruction No. 2022-I-25 of December 14, 2022 regarding the forms for nomination or renewal of effective managers or key function holders of insurance and supplementary professional pension schemes amended by Instruction No. 2024-I-11 of October 21, 2024

The Prudential Control and Resolution Authority, Having regard to Delegated Regulation (EU) 2015/35 of the 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 (known as "Solvency II"); Having regard to Delegated Regulation (EU) 2026/269 of the Commission of October 29, 2025 amending Delegated Regulation (EU) 2015/35 as regards technical provisions, measures relating to long-term guarantees, own funds, equity risk, spread risk on securitisation positions, other capital requirements under the standard formula, information disclosure and publication, proportionality and group solvency; Having regard to the Insurance Code, particularly its Articles L. 310-3-1, L.322-2, L. 322-3-2, L. 356-1, L. 356-18, L. 357-1, L. 357-9, L.381-1, L. 381-3 and L. 385-5; Having regard to the Monetary and Financial Code, particularly its Articles L. 612-23-1, R. 612-29-3 and R. 612-29-4; Having regard to the Mutual Insurance Code, particularly its Articles L. 114-21, L. 211-10, L. 211-13, L. 212-1, L. 214-1, L. 214-3 and L. 214-12; Having regard to the Social Security Code, particularly its Articles L. 931-6, L. 931-7-1, L. 931-7-2, L. 931-9, L. 942-1, L. 942-3 and L. 942-11; Having regard to Instruction No. 2026-I-12 of July 10, 2026 of the Prudential Control and Resolution Authority regarding the implementation of new proportionality measures resulting from the revision of Directive 2009/138/EC of the European Parliament and of the Council of November 25, 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (known as "Solvency II"); Having regard to the opinion of the Prudential Affairs Advisory Committee (CCAP) dated June 26, 2026,

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DECIDES

Article 1: Hereinafter referred to as "subject entities" are the organizations subject to the "Solvency II" regime mentioned in Articles L. 310-3-1 of the Insurance Code, L. 211-10 of the Mutual Insurance Code and L. 931-6 of the Social Security Code, the parent and participating undertakings mentioned in Article L. 356-18 of the Insurance Code as well as the supplementary professional pension schemes mentioned in Articles L. 381-1 of the Insurance Code, L. 214-1 of the Mutual Insurance Code and L. 942-1 of the Social Security Code.

Article 2: I. – The subject entities mentioned in Article 1 must declare to the Prudential Control and Resolution Authority any appointment or renewal of persons who effectively manage the organization and of key function holders, as well as of any person called upon to effectively perform equivalent functions in accordance with II of Article L. 612-23-1 of the Monetary and Financial Code and, at the group level mentioned in Article L. 356-1 of the Insurance Code, in accordance with Article L. 356-18 of the Insurance Code. The declaration mentioned in the first paragraph is made using the forms attached as Annexes 1 and 2 to this instruction. Depending on the nature of the appointment, the following label must be selected: a) Appointment or renewal of effective manager and key function holder; b) Appointment resulting in a situation of cumulation of functions within the meaning of Article L. 322-3-2 of the Insurance Code [Article 41(2)bis of the Directive] for a small and non-complex enterprise; c) Appointment resulting in a situation of cumulation of functions within the meaning of Article L. 322-3-2 of the Insurance Code [Article 41(2)bis of the Directive] (excluding the internal audit key function) within the framework of a proportionality measure.

II. – Enterprises benefiting from the status of small and non-complex enterprise defined in Article L. 357-1 of the Insurance Code select label b) and accompany the appointment resulting in a situation of cumulation of functions (excluding the internal audit key function) within the meaning of Article L. 322-3-2 of the Insurance Code [Article 41(2)bis of the Solvency II Directive] with the approval of its status by the Prudential Control and Resolution Authority.

III. – Enterprises not benefiting from the status of small and non-complex enterprise but wishing to submit an application for a proportionality measure in accordance with Article L. 357-9 of the Insurance Code select label c) and accompany the appointment resulting in a situation of cumulation of functions within the meaning of Article L. 322-3-2 of the Insurance Code [Article 41(2)bis of the Solvency II Directive] (excluding the internal audit key function) with the documents provided for by Instruction No. 2026-I-12 of July 10, 2026 regarding the implementation of new proportionality measures resulting from the revision of Directive 2009/138/EC of the European Parliament and of the Council of November 25, 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (known as "Solvency II").

Article 3: These forms, duly completed and signed, must be sent in electronic format to the Prudential Control and Resolution Authority by depositing them at the following address: https://acpr-portail.banque-france.fr

Article 4: Instruction No. 2022-I-26 of December 14, 2022 of the Prudential Control and Resolution Authority regarding the form for nomination or renewal of a manager of an organization in the insurance sector is not applicable to subject entities under this instruction since January 1, 2016.

Article 5: This instruction replaces Instruction No. 2022-I-25 of December 14, 2022 amended by Instruction 2024-I-11 of October 21, 2024. References to Instruction No. 2022-I-25 of December 14, 2022 shall be understood as references to this instruction.

Article 6: This instruction enters into force on January 30, 2027. Paris, July 10, 2026 For the Insurance Sector Sub-Collegium The President, Jean-Paul FAUGÈRE