Life insurance undertakings are authorised to enter into commitments in the event of life or death, with the exception of temporary insurance commitments in the event of death, under the conditions set out in this chapter.
These commitments may include the guarantee of an annuity or a capital sum at maturity under conditions specified by a decree in the Conseil d’Etat. They give rise to the constitution of a diversification provision intended to absorb fluctuations in the assets represented. They may be expressed in one of the following two ways:
1° The guaranteed annuity or capital is expressed in euros and in units of the diversification reserves;
2° The guaranteed annuity or capital is expressed solely in units of the diversification reserves before maturity and gives rise to a maturity guarantee expressed in euros.
With the agreement of the parties, commitments entered into in accordance with 1° may be converted into the commitments defined in 2°. Where such conversion does not result from the conclusion of a new contract, the insurance undertaking or intermediary shall inform the policyholder or subscriber of the changes made or to be made to the contract. The provisions of article 3 of order no. 2014-696 of 26 June 2014 promoting the contribution of life insurance to financing the economy do not apply to this conversion.
The payment of premiums under a life insurance contract may give rise to the recognition of commitments expressed in euros, commitments expressed in units of account and commitments giving rise to the constitution of a diversification provision.
Life insurance companies may contract commitments in the form of capitalisation contracts under the same conditions.