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Regulation and business practices control

The ACPR shall monitor the compliance with rules designed to ensure consumer protection, adequacy of procedures and means implemented to this end by institutions subject to its supervision.

What are the institutions subject to the ACPR supervision?

This includes credit institutions, financing companies, payment and electronic money institutions, and insurance undertakings. Any intermediary in banking operations and in payment services, as well as intermediary insurance and for crowdfunding may also be subject to the ACPR supervision.

 

See the complete list of institutions subject to the ACPR supervision

Instruments on which supervision is based

 

These inspections can also deal with commitments of professional associations upon request of the Minister.

The control covers the overall marketing process from the creation of the product to the performance of contracts and complaints management, through advertising, pre-contractual and contractual phase. Rules regarding staff training, management of conflicts of interests, governance for the product, relationship and sharing of responsibilities between business partners, internal control or unclaimed assets also fall within the scope of supervision.

Supervision conditions

Supervision can be on-site or off-site. As regards on-site inspection, the ACPR has published a charter describing principles guiding supervision : See Charter of conducting an on-site mission

 

The ACPR can also ask for reports on certain topics :  Reports to be addressed to the ACPR

ACPR’s powers

The ACPR can take administrative police measures:

  • Warning: when it notes that an institution follows practices likely to put in danger the interests of its customers, the ACPR can warn it against the continuation of these practices as they are contrary to the good practices’ rules of the profession concerned;
  • Formal notice: the ACPR can put a person on formal notice to take, in a set time limit, all measures designed to comply with the obligations to which he/she is subject.

It has power to impose disciplinary measures graduated according to the seriousness of the breach.

 

The ACPR can also

  • Communicate to the public any information considered necessary to the performances of duties;
  • Publish the sanctions imposed
  • Seek the amendment or withdrawal of any document contrary to life insurance legislation or regulation.

Updated on: 06/07/2018 15:12