When an undertaking is subject to an ex officio portfolio transfer procedure, the Autorité de contrôle prudentiel et de résolution may, if it considers that the natural or legal persons, other than the agents and employees of insurance undertakings, through whom contracts covering the risks referred to in Articles L. 421-9 and L. 423-1 have been presented or underwritten, have behaved in a way that has contributed to the difficulties of this undertaking, decide after an adversarial procedure that the aforementioned persons must repay to the transferee of the portfolio or, failing this, to the guarantee fund all or part of the commissions or remuneration of any kind, direct or indirect, received in connection with the presentation or underwriting of these contracts, during the eighteen months preceding the month in which the portfolio transfer procedure is launched.
A decree of the Conseil d’Etat shall determine the terms and conditions for the application of this article.