French Insurance Code
In forceThe appointment of the entity responsible for preparing and publishing the combined accounts is the subject of a written agreement between all the entities whose cohesion does not result from capital links and which belong to the group subject to the obligation to prepare combined accounts. This agreement automatically binds all the undertakings over which one of the parties to the agreement exercises exclusive control, joint control or significant influence.
In the absence of a prior agreement at the balance sheet date, this entity is :
a) In the case referred to in 1° of Article R. 345-1-1, the entity with the highest average premium or contribution income over the last five financial years;
b) Where the obligation to draw up combined accounts arises solely from 2° of Article R. 345-1-1, the assignee and, where several assignees are involved, the assignee which has accepted on average, over the last three financial years, the highest amount of premiums or contributions assigned by the entities of the group subject to the obligation to draw up combined accounts.
However, notwithstanding the provisions of the previous paragraph, when an entity forming part of a group of entities as defined in Article R. 345-1-1 is included by full consolidation in the consolidated accounts of an entity which is itself subject to a consolidation obligation pursuant to Article L. 345-2, the entity required to prepare and publish combined accounts is the consolidating entity. In this case, the obligation to prepare and publish combined financial statements is the same as the obligation to prepare consolidated financial statements. The consolidated accounts then include the accounts of the entities forming part of the aforementioned entity.
