French Insurance Code
In forceI. - Any supplementary occupational pension fund holding the authorisation referred to in Article L. 382-1 and planning to provide IORP services in the territory of another Member State of the European Union, in accordance with Article L. 382-4, shall notify its plan to the Autorité de contrôle prudentiel et de résolution, together with the documents listed by the Autorité under the conditions set out inArticle R. 612-21 of the Monetary and Financial Code.
The notification file includes:
1° The designation of the host Member State or Member States identified, where applicable, by the underwriter or the association referred to in Article L. 141-7 ;
2° The name of the underwriter or the association referred to in Article L. 141-7 and the location of their registered office;
3° The main characteristics of the pension scheme to be managed.
If the Autorité de contrôle prudentiel et de résolution considers that the conditions set out in Article L. 382-4 have been met, it will send the competent authorities of the host Member State the documents referred to in the previous paragraph, with the exception of those relating to the competence and good repute of the authorised agent in the case of branches, and will notify the supplementary occupational pension fund of this communication. The fund may then commence its activities as soon as it has received the information provided for in I of Article R. 382-5 or, at the latest, six weeks after it has been notified that its file has been sent to the competent authority of the host Member State.
The deadline for communicating information to the authorities of the host Member State runs from the time the Autorité de contrôle prudentiel et de résolution receives a complete file. It shall be three months.
II. - The Autorité de contrôle prudentiel et de résolution must be notified of any plan to make substantial changes to the nature or operating conditions of the activities authorised in accordance with Article L. 382-4.
If the Autorité de contrôle prudentiel et de résolution considers that the conditions referred to in Article L. 382-4 are still met, it shall, within one month of the notification referred to in the previous paragraph, communicate once again to the competent authorities of the host Member State concerned the documents referred to in the first paragraph of I, with the exception of those relating to the competence and good repute of the authorised agent in respect of branches, and shall notify the supplementary occupational pension fund of this communication. The proposed amendment may be made as soon as the fund has received this notification.
III. - When the Autorité de contrôle prudentiel et de résolution refuses to communicate the file mentioned in the second paragraphs of I and II to the competent authorities of the Member State concerned, it shall notify the supplementary occupational pension fund concerned and inform it of the reasons for the refusal within the time limits mentioned in the last paragraphs of I and II. Where necessary, it will also notify the competent authorities of the Member State concerned.
