The State guarantee is granted by the Minister for Economic Affairs, after consulting the Commission for Guarantees and Foreign Trade Credit, established by article 15 of law no. 49-874 of 5 July 1949. The State guarantee may also be granted by the managing director of the body mentioned in the first paragraph of article L. 432-2 of this code, in the name and on behalf of the State. The latter, with a view to granting this guarantee, may delegate his signature to certain employees exercising their functions under his authority, under conditions defined by decree in the Conseil d’Etat.
The managers, corporate officers and members of the board of directors, supervisory board or decision-making body acting in its stead of the legal entity likely to hold the body mentioned in the first paragraph of article L. 432-2 may not intervene in the process of granting the public guarantees provided for in this chapter. This prohibition also applies to the managers, corporate officers and members of the board of directors, supervisory board or decision-making body in lieu thereof of subsidiaries owned, within the meaning of article L. 233-1 of the French Commercial Code, by the aforementioned legal entity, with the exception of the chief executive officer of the body mentioned in the first paragraph of article L. 432-2 of this code.
The body mentioned in the first paragraph of article L. 432-2 implements the measures necessary for the protection of national defence secrets and other secrets entrusted to it by the State and monitors their application.