When insurance and reinsurance undertakings, or the parent undertakings referred to in 3° of Article L. 356-15, no longer hold sufficient eligible own funds to cover their Solvency Capital Requirement or Minimum Capital Requirement, distributions relating to certain own funds items are subject to limitations. Depending on the own funds item concerned, these restrictions consist of either a prohibition or a deferral of such distributions. They also apply in the event of non-coverage of the Solvency Capital Requirement or the Minimum Capital Requirement being caused by these distributions.
Any stipulation that non-payment of distributions, in particular as a result of the application of the limitations mentioned in the first paragraph, shall be considered as an event of default, shall be deemed to be unwritten.