I. – The collège de résolution shall ensure that no holder of equity securities referred to in Chapter II of Title I of Book II or of other ownership securities or creditor of a person referred to in I of Article L. 613-34, and the fonds de garantie des dépôts et de résolution under Article L. 613-55-5, does not incur or suffer, as a result of a measure to transfer part of the assets, rights and obligations or an internal bail-out taken pursuant to sub-sections 10 and 11 of this section, greater losses than those it would have incurred if the person had been wound up under the compulsory liquidation procedure pursuant to the provisions of Book VI of the French Commercial Code.
II. – Following the implementation of a measure taken pursuant to sub-sections 10 and 11 of this section, the collège de résolution shall immediately commission an independent expert appraisal for the purpose of:
1° Determine the treatment that would have been received by the holders of equity securities referred to in Chapter II of Title I of Book II or other ownership securities or the creditors of the persons referred to in I of Article L. 613-34 as well as the Fonds de Garantie des Dépôts et de Résolution if these persons had been the subject of compulsory liquidation proceedings;
2° Assess the level of losses they have actually incurred as a result of the measures in question.
The assessment made pursuant to 1° above shall not take into account any public financial support, including from the deposit guarantee and resolution fund or any equivalent mechanism.
III. – When the expert has established that the holders of equity securities mentioned in Chapter II of Title I of Book II or other ownership securities, creditors or the deposit guarantee and resolution fund under the deposit guarantee mechanism have suffered losses greater than those they would have suffered if the persons mentioned in I of Article L. 613-34 had been the subject of compulsory liquidation proceedings, the resolution college shall refer the matter to the deposit guarantee and resolution fund with a view to their compensation pursuant to III of Article L. 312-5.