By way of derogation from the provisions of the Commercial Code relating to parent company financial statements, insurance undertakings shall set up a subsidiary accounting system for the commitments referred to in Article L. 142-1. Commitments which are not allocated to this subsidiary accounting system shall be transferred to it before 1 January 2023.
The insurance undertaking shall ensure that this transfer is not detrimental to the interests of the policyholders whose commitments are transferred.
In particular, it verifies that the assets transferred ensure a fair distribution of investments valued at realisable value, of distributable profit sharing and of the capitalisation reserve with regard to the valuation of the commitments in accordance with the method referred to in 2° of article L. 351-1. When the horizon of the commitments transferred allows for a longer-term investment than that of the portfolio that is not transferred, it shall nevertheless ensure that the amounts transferred of unrealised capital gains, distributable profit sharing and the capitalisation reserve reflect the difference between the investment horizon of the portfolio transferred and that of the portfolio that is not transferred.
The conditions of application of this article to commitments expressed in units of the diversification provision are specified by decree.
The provisions of this article do not apply to the commitments mentioned in article L. 441-1, to commitments covered by the group insurance agreement known as the “complementary pension scheme for hospital employees” mentioned in article L. 132-23 or to commitments borne by a supplementary professional pension fund covered by article L. 381-1.