The reinsurance undertakings referred to in 1° of III of Article L. 310-1-1, or their branches, may be authorised, under the conditions defined in the second paragraph, to transfer all or part of their portfolio of contracts or claims to be paid to one or more reinsurance or insurance undertakings having their head office in France or in another Member State of the European Union, one or more provident institutions or unions governed by Title 3 of Book 9 of the Social Security Code, one or more mutual insurers or unions governed by Book II of the Mutual Code, or their branches established within the European Union. This transfer is only authorised if the supervisory authorities of the State in which the transferee has its registered office certify that the transferee possesses, taking into account the transfer, the eligible own funds necessary to cover the Solvency Capital Requirement referred to in Article L. 352-1. The Autorité de contrôle prudentiel et de résolution shall inform the undertaking transferring the portfolio of the receipt of this certificate.
The transfer referred to in the first paragraph may be invoked against reinsured undertakings which have not expressed their opposition within a period of three months following notification, by the undertaking or branch transferring all or part of its portfolio of contracts or claims to be paid, of this transfer by registered letter, or by electronic registered letter, with acknowledgement of receipt.