Undertakings not covered by the Solvency II regime are :
1° Undertakings referred to in Article L. 310-1 or in the first paragraph of Article L. 321-10-3 which are not Solvency II undertakings within the meaning of Article L. 310-3-1;
2° Undertakings which cease to be covered by the Solvency II regime after the Autorité de contrôle prudentiel et de résolution has verified that :
a) None of the conditions set out in 1° of Article L. 310-3-1 has been met during the last three consecutive financial years;
b) None of the conditions set out in 1° of Article L. 310-3-1 will, according to its forecasts, be met during the next five financial years.