The following are excluded from any indemnification or assumption of liability by the surety guarantee mechanism:
1° Guarantee commitments made in favour of the following persons:
a) Credit institutions, finance companies, portfolio management companies and investment firms, in their own name and on their own account;
b) Insurance companies;
c) UCITS and AIFs covered by paragraphs 1, 2 and 6 of sub-section 2, paragraph 2 or sub-paragraph 1 of paragraph 1 of sub-section 3, or sub-section 4 of section 2 of chapter IV of title I of book II ;
d) Retirement organisations and pension funds ;
e) Persons referred to in article L. 518-1 ;
f) Personally liable and limited partners, holders of at least 5% of the capital of the credit institution or finance company, directors, members of the management and supervisory boards, managers and statutory auditors of the company, as well as any beneficiary with the same status in other companies of the group;
g) Companies that have direct or indirect capital links with the credit institution or finance company, giving one of the affiliated companies effective control over the others;
h) Other financial institutions within the meaning of article L. 511-21, section 4;
i) Third parties acting on behalf of the persons listed above;
2° Guarantees covering transactions for which the beneficiary has been convicted of a money laundering offence under Articles 222-38, 324-1 and 324-2 of the Criminal Code orArticle 415 of the Customs Code;
3° Guarantee commitments for which the beneficiary has obtained financial advantages from the credit institution or finance company, on an individual basis, which have contributed to worsening the financial situation of this company.