I.-The guarantee or equivalent undertaking referred to in the third paragraph of article R. 332-17 must :
-be governed by French law and, in the event of a dispute, be subject to the exclusive jurisdiction of the French courts;
-constitute an irrevocable and unconditional first demand guarantee.
II – The guarantor credit institution referred to in the third paragraph of article R. 332-17 must meet the following conditions:
1° The guarantor must be a credit institution authorised to operate in France pursuant to Act no. 84-46 of 24 January 1984 , as amended, relating to the activity and control of credit institutions, and must comply with all applicable laws and regulations in respect of the proposed guarantee;
2° The guarantor is not an undertaking related to the reinsurer or the guaranteed insurance undertaking, within the meaning of Article 310-5 of Regulation 2015-11 of 26 November 2015 of the Autorité des normes comptables relating to the accounting framework for insurance undertakings.
III-The waiver referred to in the third paragraph of Article R. 332-17 may only be granted insofar as, in the opinion of the Autorité de contrôle prudentiel et de résolution, it does not diminish the quality of the representation of the regulated commitments, and in particular within the limits set below:
-the duration, initially set by the Autorité de contrôle prudentiel et de résolution, may not exceed one financial year, which may be renewable under the conditions defined by the Autorité ;
-the total amount of guarantees accepted under the said waiver may not at any time exceed :
-the maximum amount set by the Autorité de contrôle prudentiel et de résolution ;
one half of the total amount of regulated commitments as defined in article R. 331-1 of this code; – two thirds of the total amount of regulated commitments as defined in article R. 331-1 of this code;
two-thirds of the total amount of reinsurers’ share of technical provisions.
IV -The derogation may be withdrawn at any time by the AMF if it considers that the conditions justifying it are no longer met.