Book III: Companies

This section applies to contracts or commitments for which an appropriation sub-account is kept which is not covered by Article L. 441-8 of the Insurance Code, Article L. 222-1 of the Mutual Code or Article L. 932-24 of the Social Security Code. For each sub-account, the following is drawn up: a) An appropriation profit and loss account ; b) An appropriation balance sheet account, showing the assets of the contract(s)…

When the commitments of the insurance undertaking or supplementary occupational pension fund in respect of an allocation sub-account are no longer represented in at least an equivalent manner by the assets of this contract or relating to these commitments, the insurance undertaking or supplementary occupational pension fund completes this representation by allocating to the commitments relating to this sub-account assets representing its reserves or provisions, other than those representing its…

Investments held by the insurance undertaking or by the supplementary occupational pension fund to cover commitments other than those relating to the contracts or commitments mentioned in Article R. 342-1 may only be reallocated to the latter if they fall within one of the investment categories defined in 1° to 5°, 8° and 13° of Article R. 332-2. The same provisions apply to investments in a contract or commitments which…

Assets which are recorded separately in the accounts as provided for in Article R. 342-1 are kept by a single custodian. This custodian shall open, in the name of the insurance undertaking, a cash account and a securities account specific to each sub-account, as well as any account necessary for the maintenance of positions on the financial futures markets, for financial transactions relating to the financial management of these assets….

Participation in technical and financial profits is calculated separately for each portfolio of securities and investments, which is recorded separately in the accounts, in accordance with the conditions laid down by order of the Minister for the Economy.

The income from rights attached to assets that are recorded separately in the accounts as provided for in article R. 342-1 is taken into account in full, including income corresponding to any other tax credits attached to the holding of these same assets, up to the limit of their recovery.

The insurance undertaking or the supplementary occupational pension fund may enter into reinsurance or risk transfer treaties relating to commitments contracted under a contract or commitments mentioned in Article R. 342-1, provided that these transactions relate exclusively to all or part of the difference between the amount of benefits actually paid under this contract or these commitments and that of the benefits corresponding to the mathematical provisions within the meaning…