For tontines falling within the scope of Article L. 310-3-2 whose solvency margin does not reach the regulatory minimum, and for tontines falling within the scope of Article L. 310-3-1 whose eligible own funds are insufficient to cover one of the two requirements mentioned in Articles L. 352-1 and L. 352-5, the Autorité de contrôle prudentiel et de résolution may require that the securities belonging to the associations formed by the said companies be deposited, immediately after their acquisition or, as the case may be, entered in an account either at the Caisse des dépôts et consignations or at the Banque de France, in the name of the company, with the designation of the associations to which they belong reproduced on the deposit receipts or certificates recording the unavailability of the securities.
These securities may only be realised when the associations are wound up or in the event of re-investment. Such realisations and replenishments may only be made with the prior approval of the Authority.
Such approval may only be granted on the basis of a decision by the company’s board of directors indicating the number and nature of the securities to be disposed of, as well as the nature of the securities to be replaced. The value of the replacement securities must be at least equal to the value of the securities disposed of.
The replacement securities must be deposited as soon as they are acquired, in accordance with the conditions set out above.