I.-A “securitisation vehicle” is a legal entity, with or without legal personality, other than an insurance or reinsurance undertaking, which bears insurance risks ceded to it by an insurance or reinsurance undertaking and which fully finances the exposure to these risks by issuing units, shares, debt securities or another financing mechanism, the repayment rights of which are subordinated to the vehicle’s commitments to the undertaking which transferred the risks to it.
For the purposes of this Code, this vehicle is :
1° Either a securitisation vehicle governed by the provisions of Section 2 of Chapter IV of Title I of Book II of the Monetary and Financial Code;
2° A vehicle authorised by another Member State of the European Union or by another State party to the Agreement on the European Economic Area, under the conditions set out in Article 211 of Directive 2009/138/EU of 25 November 2009 on the taking-up and pursuit of the business of insurance and reinsurance.
II – Contracts under which a securitisation vehicle assumes an insurance risk do not constitute insurance contracts within the meaning of Book I, or an insurance transaction within the meaning of Article L. 310-2.