In the event of a portfolio transfer, any part of the rights of policyholders, contract holders, members and beneficiaries of benefits not covered by the transferee is guaranteed within the limits set by decree by the Conseil d’Etat by a payment from the guarantee fund to the transferee.
If the portfolio transfer procedure is unsuccessful or if 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, contractholders, members and beneficiaries of benefits are guaranteed by a payment from the guarantee fund to them, within the limits set by decree of the Conseil d’Etat.
The guarantee fund has a right of access to the documents supporting the calculation of its contribution, the amount of which is determined by the Autorité de contrôle prudentiel et de résolution.