Council of the European Union and European Parliament 14 December 2016, Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision (IORPs) (recast) (Text with EEA relevance)

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European Union · · · Cited by 707 · 14-12-2016

TITLE I. GENERAL PROVISIONS
Article 1. Subject matter
Article 2. Scope
Article 3. Application to IORPs operating social security schemes
Article 4. Optional application to institutions covered by Directive 2009/138/EC
Article 5. Small IORPs and statutory schemes
Article 6. Definitions
Article 7. Activities of an IORP
Article 8. Legal separation between sponsoring undertakings and IORPs
Article 9. Registration or authorisation
Article 10. Operating requirements
Article 11. Cross-border activities and procedures
Article 12. Cross-border transfers
TITLE II. QUANTITATIVE REQUIREMENTS
Article 13. Technical provisions
Article 14. Funding of technical provisions
Article 15. Regulatory own funds
Article 16. Available solvency margin
Article 17. Required solvency margin
Article 18. Required solvency margin for the purpose of Article 17(3)
Article 19. Investment rules
TITLE III. CONDITIONS GOVERNING ACTIVITIES
CHAPTER 1. System of governance
Section 1. General provisions
Article 20. Responsibility of the management or supervisory body
Article 21. General governance requirements
Article 22. Requirements for fit and proper management
Article 23. Remuneration policy
Section 2. Key functions
Article 24. General provisions
Article 25. Risk-management
Article 26. Internal audit function
Article 27. Actuarial function
Section 3. Documents concerning governance
Article 28. Own-risk assessment
Article 29. Annual accounts and annual reports
Article 30. Statement of investment policy principles
CHAPTER 2. Outsourcing and investment management
Article 31. Outsourcing
Article 32. Investment management
CHAPTER 3. Depositary
Article 33. Appointment of a depositary
Article 34. Safekeeping of assets and depositary liability
Article 35. Oversight duties
TITLE IV. INFORMATION TO BE GIVEN TO PROSPECTIVE MEMBERS, MEMBERS AND BENEFICIARIES
CHAPTER 1. General provisions
Article 36. Principles
Article 37. General information on the pension scheme
CHAPTER 2. Pension Benefit Statement and supplementary information
Article 38. General provisions
Article 39. Pension Benefit Statement
Article 40. Supplementary information
CHAPTER 3. Other information and documents to be provided
Article 41. Information to be given to prospective members
Article 42. Information to be given to members during the pre-retirement phase
Article 43. Information to be given to beneficiaries during the pay-out phase
Article 44. Additional information to be given on request to members and beneficiaries
TITLE V. PRUDENTIAL SUPERVISION
CHAPTER 1. General rules on prudential supervision
Article 45. Main objective of prudential supervision
Article 46. Scope of prudential supervision
Article 47. General principles of prudential supervision
Article 48. Powers of intervention and duties of the competent authorities
Article 49. Supervisory review process
Article 50. Information to be provided to the competent authorities
Article 51. Transparency and accountability
CHAPTER 2. Professional secrecy and exchange of information
Article 52. Professional secrecy
Article 53. Use of confidential information
Article 54. European Parliament right of inquiry
Article 55. Exchange of information between authorities
Article 56. Transmission of information to central banks, monetary authorities, European Supervisory Authorities and the European Systemic Risk Board
Article 57. Disclosure of information to government administrations responsible for financial legislation
Article 58. Conditions for the exchange of information
Article 59. National provisions of a prudential nature
TITLE VI. FINAL PROVISIONS
Article 60. Cooperation between Member States, the Commission and EIOPA
Article 61. Processing of personal data
Article 62. Evaluation and review
Article 63. Amendment of Directive 2009/138/EC
Article 64. Transposition
Article 65. Repeal
Article 66. Entry into force
Article 67. Addressees
ANNEX I. PART A

23.12.2016

Official Journal of the European Union

L 354/37

DIRECTIVE (EU) 2016/2341 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 14 December 2016

on the activities and supervision of institutions for occupational retirement provision (IORPs)

(recast)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on

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