Insurance and reinsurance undertakings must classify their own-fund items on the basis of the criteria defined in Article R. 351-23.
To this end, they shall refer, where appropriate, to the list of own-fund items referred to in Articles 69 to 79 of Commission Delegated Regulation (EU) No 2015/35 of 10 October 2014.
Where a capital item does not fall within that list, it shall be assessed and classified by the undertakings in accordance with the first paragraph of this Article. This assessment and classification shall be subject to approval by the Autorité de contrôle prudentiel et de résolution. The application submitted to the Autorité must be approved in advance by the company’s chief executive or management board. The Autorité shall give its decision within three months.