I. – The proportion referred to in Article L. 344-1 is a percentage of the value of all investments belonging to the company or the supplementary occupational pension fund and of other assets allocated to the representation of regulated commitments, valued in accordance with Article R. 343-11. For the companies mentioned in Article L. 310-3-1 and supplementary occupational pension funds, other assets include receivables from policyholders and reinsurers as well as deferred acquisition costs. This percentage is at least equal to the result obtained by dividing the sum of the following amounts by this value:
a) Assets corresponding to the transactions referred to in Article L. 134-2, Article L. 144-2, Article L. 143-1 and subject to sub-ledger accounting, and Article L. 441-1, valued in accordance with Article R. 343-11 ;
b) Investments allocated to represent unit-linked life insurance or capitalisation contracts defined in the second paragraph of Article L. 131-1 and valued in accordance with the requirements of the French Accounting Standards Authority (Autorité des normes comptables), as well as investments allocated to occupational pension contracts whose rights are expressed in units of account and which are not subject to ancillary allocation accounting pursuant to Article L. 381-2 ;
c) Assets referred to in the first paragraph of Articles L. 324-7 and L. 384-4, valued in accordance with Article R. 343-11;
d) The amount of technical provisions gross of reinsurance established in respect of operations carried out by the insurance undertaking for classes 20 to 26 of Article R. 321-1 or by the supplementary professional retirement fund, other than those mentioned in a and b, less the amount of the assets mentioned in c, valued in accordance with Articles R. 343-9 and R. 343-10;
e) A percentage, defined in II, of the difference between, on the one hand, the value evaluated in accordance with article R. 343-11 and, on the other hand, the value evaluated in accordance with articles R. 343-9 and R. 343-10, of all the investments belonging to the company or to the supplementary occupational retirement fund and of those of the other assets allocated to the representation of the regulated commitments, other than those mentioned in a, b and c. For undertakings mentioned in Article L. 310-3-1 and supplementary occupational pension funds, other assets include receivables from policyholders and reinsurers as well as deferred acquisition costs.
II. – The percentage mentioned in e of I is equal to 85% of the quotient A/ B, where :
A. – Average amount of technical provisions gross of reinsurance established in respect of all operations carried out by the undertaking other than those mentioned in a and b of I or relating to group death contracts or, for mixed undertakings, to operations falling under classes 1 or 2 of article R. 321-1, or, for supplementary occupational pension funds, to the additional guarantees mentioned in the first paragraph of Article L. 143-2, and reduced by the average amount of the assets mentioned in c of I, valued in accordance with Articles R. 343-9 and R. 343-10;
B. – Average amount of all investments belonging to the company or to the supplementary occupational retirement fund and of those of other assets allocated to the representation of regulated commitments, other than those mentioned in a, b and c of I, valued in accordance with articles R. 343-9 and R. 343-10. For undertakings mentioned in Article L. 310-3-1 and supplementary occupational pension funds, other assets include receivables from policyholders and reinsurers as well as deferred acquisition costs.
The average amount mentioned in the previous paragraph is obtained by dividing by two the sum of the amounts recorded in the accounts at the beginning and end of the financial year.
III. – The investments, assets and provisions mentioned in this article do not include those constituted by the company or the supplementary professional retirement fund in the context of operations carried out by its establishments located abroad.
IV. – In the event of a portfolio transfer, the value of the assets transferred may not exceed that resulting from their valuation in accordance with Article R. 343-11.