French Insurance Code
In forceI.-The Secretary General of the Autorité de contrôle prudentiel et de résolution may ask undertakings subject to group supervision pursuant to Article L. 356-2 as well as affiliated or participating undertakings having their registered office in France and natural persons having close links with these undertakings for any data or information which may be relevant for the purposes of group supervision.
The Secretary General of the Autorité de contrôle prudentiel et de résolution may not apply directly to undertakings in the group within the meaning of Article L. 356-1 which have their registered office in France to obtain the necessary information unless such information has first been requested from the undertakings subject to supervision by the authority and the latter have failed to provide such information within a reasonable period of time.
The undertakings and persons referred to in the first paragraph may exchange with each other and with undertakings and persons in the same group which have their registered office in a Member State of the European Union any information which may be relevant for the purposes of group supervision. The provisions of this paragraph are without prejudice to the application of law no. 78-17 of 6 January 1978 on data processing, data files and individual liberties.
II - Without prejudice to the information transmitted pursuant to the provisions of Article L. 612-24 of the Monetary and Financial Code, the participating and parent undertakings referred to respectively in the second and third paragraphs of Article L. 356-2 shall regularly transmit to the Autorité de contrôle prudentiel et de résolution, in its capacity as group supervisor, a set of information at group level, including in particular:
-the report on the solvency and financial situation referred to in Article L. 356-23 ;
-the regular report to the Controller
-the annual and quarterly quantitative statements;
-the report to the supervisory authority on the internal assessment of risks and solvency referred to in 2° of Article L. 356-19.
The Autorité de contrôle prudentiel et de résolution, in its capacity as group supervisor, may limit the regular communication of this information or exempt undertakings from it, depending on the frequency or nature of the information, under conditions defined by decree of the Conseil d'Etat.
This same decree specifies the nature of the information transmitted, the procedures for approving it and the deadlines for transmitting it to the authority until 1 January 2020.
