When the solvency margin of an undertaking referred to in Article L. 310-3-2 does not reach the guarantee fund, or if the fund is not constituted in accordance with the regulations, the Autorité de contrôle prudentiel et de résolution, without prejudice to the implementation of the powers at its disposal under the terms of Sections 6 and 7 of Chapter II of Title 1 of Book VI of the Monetary and Financial Code, requires a short-term financing plan, which must be submitted for its approval within one month.
The Autorité de contrôle prudentiel et de résolution appoints an auditor who must be kept permanently informed by the undertaking of the preparation of the short-term financing plan. The company shall report on the implementation of the decisions and measures contained in the plan to this controller, who shall ensure that the plan is carried out.