By way of derogation from the allocations provided for in the first paragraph of Article A. 132-16 and in exceptional situations, the provision for profit sharing may be written back after authorisation from the Autorité de contrôle prudentiel et de résolution.
The exceptional situations referred to in the first paragraph are only met when the balance of the life insurance technical profit and loss account for the last accounting period, drawn up in accordance with the model set out in Article 422-4 of Autorité des normes comptables Regulation No. 2015-11 of 26 November 2015 relating to the annual accounts of insurance undertakings, is negative and the Solvency Capital Requirement for undertakings subject to Article L. 310-3-1, or the minimum margin requirement for undertakings subject to Articles L. 310-3-2 and L. 310-3-3, is no longer covered.
The authorisation of the ACPR provided for in the first paragraph may only be granted if a plan is submitted by the undertaking and approved by the Autorité de contrôle prudentiel et de résolution. This plan provides in particular for the repayment of amounts written back from the provision for profit sharing, based on subsequent results and within a maximum period of eight years. It also stipulates that the insurer will not pay dividends, nor reimburse or remunerate mutualist certificates until the amounts written back have been returned.