I. – The assets transferred with a portfolio of supplementary occupational pension contracts by a life insurance or capitalisation undertaking or a supplementary occupational pension fund are allocated to a separate accounting section of the balance sheet of the undertaking or fund receiving the contracts.
For the purpose of calculating the participation in profits relating to these assets provided for in article L. 132-29, no account is taken of the respective size of the equity capital and commitments to policyholders appearing on the balance sheet of the company or fund.
II. – I does not apply to transfers of portfolios of supplementary occupational pension contracts as provided for in Article L. 384-1 where the transferee supplementary occupational pension fund(s) records the commitments relating to the supplementary occupational pension contracts transferred in an allocation sub-account mentioned in Article L. 381-2.
III. – In the context of the portfolio transfers provided for in Articles L. 384-1 to L. 384-3, the Autorité de contrôle prudentiel et de résolution may, at the request of the undertaking or fund receiving the contracts, authorise that undertaking or fund not to apply the provisions of I.