I.-Prior to taking out or subscribing to a contract as referred to in article L. 522-1, the intermediary or the insurance or capitalisation undertaking shall specify in writing the requirements and needs expressed by the potential subscriber, as well as the reasons justifying the appropriateness of the proposed contract. He or she shall provide objective information on the proposed insurance product in a comprehensible, accurate and non-misleading form to enable the policyholder to make an informed decision.
The intermediary or the insurance or capitalisation undertaking shall advise on a contract that is consistent with the requirements and needs of the prospective policyholder or subscriber and shall specify the reasons for this advice. To this end, the intermediary or company will ask the policyholder or member about their financial situation and investment objectives, as well as their knowledge and experience in financial matters.
The details mentioned in the first paragraph are adapted to the complexity of the proposed insurance or capitalisation contract and make it possible to determine whether the proposed contract is appropriate for the potential subscriber.
For contracts with unit-linked guarantees, the intermediary or the insurance or capitalisation undertaking provides detailed information prior to subscription or membership of a contract referred to in article L. 522-1, specifying, for each unit of account, the performance gross of charges, the performance net of charges and the charges deducted, over a period defined by order of the Minister for the Economy. This information shall mention in particular any commission retrocessions received in respect of the financial management of the assets representing the commitments expressed in units of account by the insurance company, by its delegated managers, including in the form of a collective investment undertaking, or by the custodian of the contract assets under the conditions defined by order of the Minister responsible for the economy.
When the intermediary or company advises on bundles of services or products, it verifies the appropriateness of the bundled offer as a whole.
II.Without prejudice to the provisions of I, before subscribing to or joining a contract mentioned in Article L. 522-1, and when a personalised recommendation service is provided by the intermediary or the insurance or capitalisation undertaking to the potential subscriber or the potential member, this service consists of explaining to the subscriber how, among different contracts or different investment options within a contract, one or more contracts or options are more appropriate to his requirements and needs and in particular more suited to his risk tolerance and his capacity to incur losses.