The opening of safeguard, receivership or liquidation proceedings, as well as any enforcement proceedings and any equivalent legal proceedings opened under foreign law against an electronic money institution, shall not affect funds collected from electronic money holders deposited or invested in financial instruments held in accounts opened specifically for this purpose under the conditions laid down in Article L. 526-32.
In the event of the opening of safeguard, reorganisation or liquidation proceedings against an electronic money institution, the court-appointed administrator or liquidator, together with the provisional administrator or liquidator appointed, where applicable, by the Autorité de contrôle prudentiel et de résolution, shall verify that the funds collected as consideration for the issuance of electronic money deposited or invested in financial instruments held in accounts opened specifically for this purpose under the conditions provided for in Article L. 526-32 are sufficient for the electronic money institution to fulfil its obligations towards its holders. If these funds are insufficient, a proportional distribution of the funds deposited shall be made among the holders. These funds are returned to holders who are exempt from the declaration provided for in article L. 622-24 of the French Commercial Code.
For the claim corresponding to the funds that could not be returned to the holders because of the shortfall, the holders are exempted from the declaration provided for in the same article L. 622-24.
The supervisory judge is informed of the result of the verification carried out by the administrator or liquidator and, where applicable, of the proportional distribution of the funds.
A decree of the Conseil d’Etat shall specify the conditions of application of this article.