Any insurance or reinsurance intermediary and any insurance intermediary on an ancillary basis who, even on an occasional basis, collects funds intended for payment either to an insurance undertaking or to policyholders, or who has recourse to a non-agent agent responsible for transmitting these funds, must take out a financial guarantee specifically earmarked for the repayment of these funds to policyholders, unless this agent can provide proof of such a guarantee.
This guarantee can only result from a surety undertaking issued by a credit institution, a finance company or by an insurance company governed by this code.
The obligation laid down in this article does not apply to payments for which the intermediary has received a written mandate from an insurance undertaking expressly entrusting him with the collection of premiums or contributions and, where applicable, the settlement of claims.
In all cases, intermediaries must be able to justify their compliance with this obligation at any time.