Before a life insurance or capitalisation contract is taken out by an individual, the insurer must provide the individual with an information note, in return for a receipt, setting out the conditions for exercising the waiver option and the essential provisions of the contract. A decree sets out the information that must be included in this note, particularly with regard to unit-linked policies. However, in the case of insurance or capitalisation contracts with a surrender or transfer value, the insurance application or draft contract is deemed to be an information memorandum if a box at the beginning of the insurance application or draft contract clearly indicates the nature of the contract. In particular, the box must indicate that charges are grouped together under a single heading, the guarantees offered and the availability of sums in the event of surrender, the profit-sharing scheme and the procedures for designating beneficiaries. An order of the Minister for the Economy, issued after consultation with the Autorité de contrôle prudentiel et de résolution, sets the format of this box and its content.
The insurance or capitalisation proposal or contract includes :
1° A drafting model designed to facilitate the exercise of the waiver option ;
2° A statement, the terms of which are set by order of the Minister for the Economy, specifying the terms and conditions of the waiver.
For contracts that include surrender values at the end of at least each of the first eight years of the contract, the proposal or draft insurance or capitalisation contract shall indicate the surrender values and, in the same table, the sum of the premiums or contributions paid at the end of each of the same years. However, for the contracts mentioned in the second paragraph of article L. 132-23, the company indicates the transfer values instead of the surrender values. The proposal or draft insurance or capitalisation contract shall indicate the minimum values and explain the mechanism for calculating surrender or transfer values where these cannot be established.
If the documents and information provided for in this article are not delivered, the waiver period provided for in article L. 132-5-1 is extended, for subscribers acting in good faith, until the thirtieth completed calendar day following the date on which these documents are actually delivered, up to a maximum of eight years from the date on which the subscriber is informed that the contract has been concluded.
The provisions of this article are specified, where necessary, by ministerial decree.
They do not apply to contracts with a maximum duration of two months.