The capital, the reserve funds and the guarantee fund are allocated to guarantee the sureties given by the company in such a way as to serve as a provision for bills, notes and commitments, in the absence of settlement. Before beginning to give any guarantees, the directors are required to state, in a declaration filed in duplicate at the clerk’s office of the judicial court of the company’s registered office, the use they have made of the capital (investments in securities or bank deposits). A receipt is issued for this declaration. One of the copies is sent by the judge of the judicial court to the clerk of the commercial court of the district.
Each year, a declaration in the same form must disclose the use of the capital and the reserve fund.
The Articles of Association set out the procedures for setting up, operating and repaying the guarantee fund.