An insurance undertaking may use a financial futures instrument in anticipation of an investment if the following conditions are met throughout the transaction:
a) The undertaking holds or will receive before the maturity or exercise date of the instrument an amount of cash at least equal to the notional amount of the instrument. Where the forward financial instrument does not give rise to any financial obligation for the company on or after the exercise date, the cash may be receivable in a probable manner;
b) The purpose of the transaction is to reduce the uncertainty of future investment conditions, in line with the company’s commitments.
Shares in sociétés d’investissement à capital variable (open-ended investment companies) and units in fonds communs de placement (unit trusts) mentioned in 3° and 8° of article R. 332-2 and classified in the category of money-market UCITS and FIAs, as defined by the Autorité des marchés financiers, are treated in the same way as cash held.
When the cash is to be received at a maturity of more than one year, the claims arising from the forward transaction must be fully guaranteed under the conditions set out in article R. 332-56.