I. – When an eligible financial security or money market instrument referred to in article L. 214-24-55 includes a financial contract that simultaneously meets the three conditions mentioned below, the latter is taken into account for the application of articles R. 214-32-24 and R. 214-32-41. These conditions are as follows
1° As a result of its presence, all or part of the cash flows that would otherwise be involved in the financial instrument in which the financial contract is included may be modified according to an interest rate, the price of a financial instrument, an exchange rate, a price or rate index, a credit rating or index, or another specified variable, and consequently varies in a manner similar to a stand-alone derivative ;
2° The economic characteristics and risks of the financial contract are not closely related to the economic characteristics and risk profile of the financial instrument in which it is included;
3° The financial contract has a significant impact on the risk profile and valuation of the financial instrument in which it is included.
II. – The eligible financial security or money market instrument is not deemed to include a financial contract if one of its components is contractually negotiable independently of the eligible financial security or money market instrument. Such a component is deemed to constitute a separate financial instrument.