I. – When the Autorité de contrôle prudentiel et de résolution pronounces the automatic transfer provided for in 14° of I of Article L. 612-33, it has recourse to the Fonds de garantie des assurances obligatoires de dommages, the fonds de garantie des assurés contre la défaillance de sociétés d’assurance de personnes, the fonds de garantie contre la défaillance des mutuelles et des unions pratiquant des opérations d’assurances or the fonds paritaire de garantie under the conditions provided for in Article L. 421-9-1 of the French Insurance Code, Article L. 423-2 of the French Insurance Code, Article L. 431-2 of the French Mutual Code and Article L. 951-2 of the French Social Security Code, as well as, where applicable, the federal guarantee system provided for in Article L. 111-6 of the French Mutual Code, to which the mutual or insurance association has subscribed.
The Autorité de contrôle prudentiel et de résolution will issue a call for tenders for the transfer of the portfolio of insurance contracts, operations or contract or regulation subscription forms held by the person concerned by the transfer.
The authority selects the offer(s) that it considers best protects the interests of policyholders, contract subscribers, members and beneficiaries of benefits, participating members and beneficiaries of membership forms for a settlement or contracts, having regard in particular to the solvency of the persons mentioned in 1°, 3°, 5° and 9° to 11° of the B of I of article L. 612-2 who are candidates and to the rates of reduction of commitments that they propose.
The decision of the authority ordering the transfer of the portfolio of insurance contracts, operations or subscription forms to contracts or regulations to the persons mentioned in 1°, 3°, 5° and 9° to 11° of B of I of article L. 612-2 that it has designated is published in the Journal officiel. This decision releases the company whose contracts have been transferred in application of 14° of I of article L. 612-33 from all commitments towards policyholders, contract subscribers, beneficiaries of benefits, participating members and beneficiaries of membership forms for regulations or contracts.
II. – The portfolio transfer approved by the AMF or the failure of the ex officio transfer procedure will result in the withdrawal of all administrative authorisations for the company, the supplementary occupational retirement fund, the institution or union of provident institutions, the supplementary occupational retirement institution, the mutual or union of supplementary occupational retirement institutions, the mutual or union in accordance with Articles L. 325-1 and L. 383-1 of the French Insurance Code. This transfer takes place under conditions that guarantee fair and prior compensation for this person. It may be accompanied by a transfer of assets.