The indemnity referred to in the fourth paragraph of Article L. 132-21-1 may not exceed 5% of the present value of the commitments made respectively by the insurer and by the policyholders of the contract referred to in the first paragraph of Article L. 131-21-1 and must be zero at the end of a period of ten years from the effective date of the contract.
For the purposes of this article, the present value of the commitments made by the insurer and the policyholders respectively does not take into account any fidelity guarantees not payable by the policyholder at the time of surrender. These guarantees must be explicitly described in the contract and clearly distinguished from the guarantee which is the main object.