I.-The undertakings mentioned in Article L. 351-7 are prohibited from making a distribution relating to one of the items mentioned in i and ii of a of Article 69 of Commission Delegated Regulation (EU) No 2015/35 of 10 October 2014, classified in Level 1 as provided for in Article R. 351-23, in the event of non-hedging of the Solvency Capital Requirement or where such distribution is on such a scale that the Solvency Capital Requirement would no longer be covered after the distribution.
Notwithstanding the provisions of the previous paragraph, in the event of failure to cover the Solvency Capital Requirement or in the event that the distribution is on such a scale that the Solvency Capital Requirement is no longer covered, the undertakings referred to in Article L. 351-7 may make a distribution if the following three conditions are met:
a) The Autorité de contrôle prudentiel et de résolution has agreed, exceptionally, to waive the prohibition on distribution;
b) The distribution does not further deteriorate the solvency of the undertaking; and
c) The undertaking’s Minimum Capital Requirement is covered after the distribution.
II.-For the items referred to in i and ii of a of Article 72 of Commission Delegated Regulation (EU) No 2015/35 of 10 October 2014, classified as Level 2 as provided for in Article R. 351-23, the undertakings referred to in Article L. 351-7 shall defer distributions relating to those items in the event that the Solvency Capital Requirement is not covered or in the event that the distributions are on such a scale that the Solvency Capital Requirement is no longer covered.
By way of derogation from the provisions of the preceding paragraph, in the event of failure to cover the Solvency Capital Requirement or in the event that the distribution is on such a scale that the Solvency Capital Requirement is no longer covered, the undertakings referred to in Article L. 351-7 may make a distribution if the following three conditions are met:
a) The Autorité de contrôle prudentiel et de résolution has agreed, exceptionally, to waive the deferral of the distribution;
b) The distribution does not further deteriorate the solvency of the undertaking; and
c) The undertaking’s Minimum Capital Requirement is covered after the distribution.
III – For the application of I and II, when the non-hedging of the Minimum Capital Requirement occurs before the non-hedging of the Solvency Capital Requirement, the term “Minimum Capital Requirement” is to be understood as meaning “Solvency Capital Requirement”.
IV.-The other cases provided for in Article L. 351-7 for which any stipulation that the non-payment of distributions is considered an event of default is deemed to be unwritten are those provided for in l of 1 of Article 71 and g of 1 of Article 73 of Commission Delegated Regulation (EU) No 2015/35 of 10 October 2014.