In the event of a portfolio transfer ordered pursuant to 14° of I of article L. 612-33 of the French Monetary and Financial Code, any part of the rights of policyholders, contract holders, members and beneficiaries of benefits not covered by the transferee is guaranteed by a payment from the guarantee fund to the transferee within the limits set by decree in the Conseil d’Etat and within those provided for by the contracts taken out with the company whose authorisation has been withdrawn.
When the portfolio transfer procedure is unsuccessful or the Autorité de contrôle prudentiel et de résolution has taken a decision leading to the liquidation of the company pursuant to article L. 311-19, the rights of policyholders, contract subscribers and beneficiaries of benefits born before the termination provided for in article L. 326-12 are guaranteed by payments to them from the guarantee fund within the limits set by decree of the Conseil d’Etat. These payments may not, in any event, exceed the terms and conditions of the contracts.