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Decree Of 27 December 2002 On Specific Responsibilities Of The Audit Board Referred To In Article L. 510 - 1 Of The Code Of Mutuality

Original Language Title: Decree of 27 December 2002 on specific responsibilities of the Audit Board referred to in Article L. 510-1 of the Code of mutuality

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Summary


Application of Council Directive 73 /239/EEC of 24 July 1973 amending the coordination of the laws, regulations and administrative provisions concerning access to the activity of the direct insurance other That the life and exercise insurance, of the Council Directive 79 /267/EEC of 5 March 1979, amending the coordination of the laws, regulations and administrative provisions concerning access to direct life insurance activities Creation in the code of mutuality (4th part) of a book V: "Control of mutual societies, unions and federations", single chapter (art. A. 510-1 to A. 510-3).

Keywords

SANTE , MUTUALITE , MUTUALITE CODE , MUTUAL , UNION , FEDERATION , CONTROLE , CONTROL BOARD , RUNNING


JORF No. 6 of 8 January 2003 Page 422
Text No. 19


ARRETE
Decree of 27 December 2002 on the particular powers of the supervisory committee referred to in Article L. 510-1 of the code of mutuality

NOR: SANS0224367A ELI: Not available


Minister of Social Affairs, Labour and Solidarity and the Minister of Health, Family and People with Disabilities,
In view of Council Directive 73 /239/EEC of 24 July 1973 amended to coordinate the legislative, regulatory and administrative provisions concerning access to the activity of direct insurance other than life insurance and its exercise;
Having regard to Council Directive 79 /267/EEC of 5 March 1979 as amended to coordinate the legislative, regulatory and administrative provisions regarding access to direct life insurance activity and its fiscal year;
Given the code of mutuality;
In the opinion of the Board Superior of mutuality as of April 17, 2002,
Stop:

Item 1 Read more about this Article ...


It is created in the mutuality code (fourth part: Orders) a book V so written:


"LIVRE V



" CONTROL OF MUTUAL,
UNIONS AND FEDERATIONS



"Single Chapter


" Art. A. 510-1. -I.-The documents referred to in the first paragraph of Article R. 510-17 are as follows:
" (a) The name and address of the headquarters of the mutual or union;
" (b) The name of the Member State in whose territory the Member State envisages Operate in the free provision of services;
" C) The list of branches that the mutual or union is entitled to practice;
" (d) A document specifying the nature of the risks or liabilities which it proposes to guarantee in free provision Services;
" (e) In the case where the mutual or the union proposes to cover risks falling within branch 17 referred to in Article R. 211-2, the option chosen from those set out in Article L. 224-7;
" (f) A dossier describing The means put in place by the mutual or union for the operations it intends to carry out in the free provision of services and its forecasts of activities
The documents cited in a, b, c, d, e and f shall be accompanied by their translation Certified in the official language of the Member State of the freedom to provide services.
" II. -The notification provided for in the first paragraph of Article R. 510-17 shall include those of the information referred to in a, b, c, d, e and f of the I of this Article affected by the proposed change in the nature or conditions of the Activities for the free provision of services in the Member State concerned, accompanied by their certified translation into the official language of the Member State of freedom to provide
. Art. A. 510-2. -I.-The file referred to in the second paragraph of Article R. 510-17 is composed of the elements referred to in Article A, c, d and e. 510-1 in their certified translation in the language of the Member State of freedom to provide services, together with a certificate from the supervisory committee referred to in Article L. 510-1 certifying that the mutual or union has the Solvency margin in accordance with the provisions of Section 2 of Chapter II of Title I of Book II of the code of mutuality
II. -The dossier referred to in the second subparagraph of Article R. 510-17 of Article R. 510-17 shall consist of the elements referred to in the I of this Article, containing the amendments envisaged by the mutual or union relating to the nature or conditions of the Activities in the free provision of services in their certified translation in the official language of the Member State of freedom to provide services and of a certificate from the supervisory committee certifying that the mutual or the union Always has the solvency margin according to the provisions of Section 2 of Chapter II of Title I of Book II of the code of mutuality
Art. A. 510-3. Article 12 of Law No. 90-614 of 12 July 1990 and Article 3 of Decree No. 91-160 of 13 February 1991 before the conclusion of any operation in the b of 1 ° of the I Article L. 111-1 when the latter gives rise to the constitution of a mathematical
. The provisions of the preceding paragraph shall not apply where the transaction results in the payment of a lower contribution amount or Equal to EUR 80 000 per year or when its payment is effected by the debit of an account opened in the name of the participating Member or the legal person of the collective contract with a credit institution, which is itself bound to the obligation Identification.
" Where a mutual or a union is part of a group within the meaning of Article L. 212-7, it may, after information of the body on which the obligation of consolidation is imposed, designate, for the purposes of Articles 2 and 5 91-160 of 13 February 1991, the person or persons specially empowered for that purpose by another body of the same group. "

Item 2 Read more about this Article ...


The Director of Social Security is responsible for the execution of this Order, which will be published in the Official Gazette of the French Republic.


Done at Paris, December 27, 2002.


The Minister of Health, the

Family and People with Disabilities,

For the Minister and delegation:

By Preventing the

Director from Social Security:

The retreats and the

institutions of complementary social protection,

F. The Morvan

The Minister of Social Affairs,

du Work and solidarity,

For the Minister and by delegation:

By preventing the Director

from Social Security:

The Deputy Director of Pensions and Institutions

of Social Protection Additional,

F. The Morvan


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