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Abstract
Section R 322-120-4 ° of the Insurance covers reinsurance transfers of risks covered by mutual insurance and insurance companies or mutual insurance funds. It organises a pyramidal and compulsory reinsurance system between the three levels of funds (local, regional and central crates (Groupama); it applies only to the central agricultural mutual insurance fund (GROUPAMA). This article requires the regional insurance funds of mutual agricultural insurance to reinsure only with a company or mutual fund of mutual insurance of national jurisdiction, thus preventing any reinsurance To an anonymous company. It therefore constitutes a brake on the evolution of the legal and financial structures of the agricultural mutuality, even though Groupama wishes, in the context of its draft listing of Groupama SA, to make this company its head of The present Decree provides for the adaptation of the letter of Article R 322-12O to the evolution of the single group and therefore transferring to Groupama SA the reinsurance treaties linking the regional funds to the central fund. Legal structure by staying true to his mind. It therefore arranges the possibility for the regional bodies to reinsure themselves with an anonymous company which they control. This change will result in the adjustment of Article R 322-132 which provides for the possibility for companies or credit unions Mutual agricultural insurance to be exempted from authorisation when the latter are fully reinsured, from the start of their activity by a company or by an approved agricultural mutual insurance fund. It is therefore proposed to allow the unlicensed funds to reinsure themselves with Groupama SA.Modification of the art. R. 322-120 (addition of an al.) and R. 322-132 (al. 1) Insurance code.
Keywords
ECONOMY, FINANCE, INSURANCE , INSURANCE CODE, ASSIMILATION, BODY HAS NATIONAL COMPETENCE, INSURANCE UNDERTAKING, REINSURANCE UNDERTAKING , CONSTITUTION, ANONYMOUS SOCIETE, SA, MAJORITE, VOTING RIGHTS, FARM MUTUAL INSURANCE FUND, FARM MUTUAL INSURANCE COMPANY, WAIVER, AGREMENT , CAISSE NOT AGREED, REINSURANCE, GROUPAMA SA
JORF No. 140 of 19 June 2003 page 10250
text No. 19
Order No. 2003-519 dated June 18, 2003 amending the R. 322-120 and R. 322-132 of the Insurance Code NOR: ECOT0395086D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/6/18/ECOT0395086D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/6/18/2003-519/jo/texte
The Prime Minister,
On the Minister's report The economy, finance and industry, and the Minister of Agriculture, Food, Fisheries and Rural Affairs,
In view of the Insurance Code, in particular Articles L. 310-7, L. 322-27, R. 322-120 and R. 322-132;
In view of the rural code, in particular Article L. 771-1;
Given the code of commerce, in particular Article L. 233-3;
In view of the opinion of the National Insurance Council of 6 March 2003;
The Council of State (Finance Section) Heard,
Clipping:
Item 1
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It is added to Article R. 322-120 of the Insurance Code a paragraph worded as follows:
" For the purposes of this 4 °, any insurance or reinsurance undertaking referred to in Articles L. 310-1 and L. 310-1-1, incorporated in the form of an anonymous company and the majority of its rights, shall be treated as a national body. Shall be held jointly, directly or indirectly, by at least seven mutual agricultural reinsurance companies or funds with a total membership of at least 300,000. "
Item 2
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In the first paragraph of article R. 322-132 of the same code, after the words: " And approved for this purpose " Are inserted the words: " Or, in the case of the reinsurance of a regional fund, with an insurance undertaking referred to in the last paragraph of Article R. 322-120 ".
Article 3
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The Minister of Economy, Finance and Industry and the Minister of Agriculture, Food, Fisheries and Rural Affairs shall each be responsible for the execution of this Order, which shall be published in the Official Journal of the French Republic.
Done at Paris, June 18, 2003.
Jean-Pierre Raffarin
By the Prime Minister:
Finance and Industry Minister
Francis Mer
Minister of Agriculture, Food,
Fisheries and Rural Affairs,
Herve Gaymard
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