2023-01-31 23:00:00
I. – Article L. 132-22 of the Insurance Code is amended as follows:
1° (nouveau) The eleventh paragraph is amended as follows:
a) The words: “annually from the subscription of the contract” are deleted;
b) The words: “during the last known fiscal year” are deleted;
c) A sentence worded as follows is added: “An order of the Minister for the Economy specifies the reference period for each piece of information mentioned in this paragraph. » ;
1° bis (nouveau) The first sentence of the penultimate paragraph reads as follows: “Under the conditions specified by order of the Minister responsible for the economy, the insurance company publishes annually on its website the average guaranteed return, the average rate of charges levied by the company, the average net return paid to the insured, the rate of taxes and social security contributions, and the average rate of profit-sharing allocated for each of its life insurance or capitalization contracts as well as the eligibility of these contracts for new business. » ;
2° Before the last paragraph, a paragraph worded as follows is inserted:
“For contracts whose guarantees are expressed in units of account, the insurance company publishes the detailed information mentioned in Article L. 522-5 on its website every year. This publication remains available for a minimum period of five years. The communication medium mentioned in the first paragraph of this article explicitly indicates the access path to this publication on the website. »
II. – The Monetary and Financial Code is amended as follows:
1° (nouveau) Article L. 224-29 is supplemented by a paragraph worded as follows:
“The manager of the individual retirement savings plan publishes annually on its website the detailed information provided before the opening of the plan mentioned in Article L. 224-7. This publication remains available for a minimum period of five years. The communication medium mentioned in the first paragraph of the same article L. 224-7 explicitly indicates the access path to this publication on the website. » ;
2° Before the last paragraph of Article L. 614-1, a paragraph worded as follows is inserted:
“The committee also monitors the evolution of the costs and performance of life insurance contracts and capitalization transactions, the securities accounts mentioned in Article L. 211-4, individual retirement savings plans mentioned in Article L. 224-28, equity savings plans mentioned in Article L. 221-30 and equity savings plans intended to finance small and medium-sized enterprises and mid-cap companies mentioned in article L. 221-32-1. » ;
3° (nouveau) The penultimate line of the table constituting the second paragraph of I of Articles L. 783-5, L. 784-5 and L. 785-4 reads as follows:
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L.614-1 and L.614-2 |
law no. of tending to strengthen the protection of savers |
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III (nouveau). – Article L. 223-21 of the Mutuality Code is amended as follows:
1° The sixth paragraph reads as follows:
“- and, for settlements whose guarantees are expressed in units of account under conditions set by order of the Minister responsible for mutual insurance, the values of these units of account, their evolution, the costs deducted by the mutual insurance company or the union for each unit of account, the costs borne by the asset representing the commitment in units of account and, where applicable, the retrocessions of commission received for the financial management of the assets representing the commitments expressed in units of account by the mutual or union, by its delegated managers, including in the form of an undertaking for collective investment, or by the custodian of the assets of the contract, as well as the significant modifications affecting each unit of account. » ;
2° After the same sixth paragraph, a paragraph worded as follows is inserted:
“For contracts whose guarantees are expressed in units of account or for the commitments mentioned in Article L. 134-1 of the Insurance Code, the mutual insurance company or the union makes available to the contracting party by any durable medium, at a at least quarterly, the information provided for in the second and sixth paragraphs of this article, as well as the evolution of the surrender value of the commitments mentioned in article L. 134-1 of the insurance code. » ;
2° bis At the beginning of the seventh paragraph, the words: “These amounts” are replaced by the words: “The amounts mentioned in the second to sixth paragraphs of this article”;
3° Two paragraphs are added as follows:
“Under the conditions specified by order of the Minister for the Economy, the insurance company publishes annually on its website the average guaranteed return, the average rate of costs levied by the company, the average net return paid to the insured, the rate of taxes and social security contributions, and the average rate of profit-sharing allocated for each of its life insurance or capitalization contracts as well as the eligibility of these contracts for new business. This publication takes place within ninety working days from December 31 of the year in respect of which these revaluations are carried out. This publication remains available for a minimum period of five years. The communication medium mentioned in the first paragraph of this article explicitly indicates the access path to this publication on the website.
“For settlements whose guarantees are expressed in units of account, the mutual insurance company or union publishes the detailed information mentioned in article L. 522-5 of the insurance code on its website each year. This publication remains available for a minimum period of five years. The communication medium mentioned in the first paragraph of this article explicitly indicates the access path to this publication on the website. »
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