A securitisation undertaking covered by this subparagraph may enter into contracts transferring insurance risks under the conditions laid down in its articles of association or its regulations, subject to the following conditions:
1° These contracts are entered into with :
a) An insurance or reinsurance undertaking governed by the Insurance Code, a mutual insurer or union governed by Book II of the Mutual Code, a provident institution or union governed by the provisions of Title III of Book IX of the Social Security Code;
b) An insurance or reinsurance undertaking established and authorised in another State of the European Union or in a State party to the Agreement on the European Economic Area;
c) An insurance or reinsurance undertaking established in a third country, appearing on a list drawn up by the Minister for the Economy;
d) A securitisation undertaking covered by this sub-paragraph;
e) A body with a similar purpose and, where these contracts are entered into for hedging purposes, located in a State party to the Agreement on the European Economic Area and which has received the authorisation provided for in Article 46 of Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance;
2° The commitments created by these contracts are settled in cash;
3° These contracts relate to :
a) coverage of all or part of the losses incurred by the undertaking or its co-contractor under insurance or reinsurance contracts or contracts covered by this article to which the undertaking or its co-contractor is a party; or
b) Or the payment of one or more sums, the amount of which depends on the parameters associated with the realisation of the insurance risk assigned to the organisation;
4° These contracts may not give rise to an unlimited commitment on the part of the securitisation undertaking;
5° At any time, the maximum net loss of the securitisation undertaking resulting from all the contracts entered into transferring insurance risks and, where applicable, from contracts entered into constituting forward financial instruments, valued taking into account the hedging from which it benefits, may not exceed the value of its assets;
6° The regulations or articles of association of the securitisation undertaking define the nature of the risks to which the undertaking proposes to expose itself and, where the undertaking proposes to enter into contracts transferring insurance risks, the characteristics of these contracts.