I. – When an eligible financial security or money market instrument referred to in article L. 214-20 includes a financial contract which simultaneously meets the three conditions mentioned below, the latter is taken into account for the application of articles R. 214-15-1 and R. 214-30. These conditions are as follows
1° By virtue of its presence, all or part of the cash flows that would otherwise be implied by the financial instrument in which the financial contract is included may be modified according to an interest rate, the price of a financial instrument, an exchange rate, a price or rate index, a credit rating or index, or another specified variable, and consequently varies in a manner similar to a stand-alone derivative ;
2° The economic characteristics and risks of the financial contract are not closely related to the economic characteristics and risk profile of the financial instrument in which it is included;
3° The financial contract has a significant impact on the risk profile and valuation of the financial instrument in which it is included.
II. – The eligible financial security or money market instrument is not deemed to include a financial contract if it includes a component that is contractually negotiable independently of the eligible financial security or money market instrument. Such a component is deemed to constitute a separate financial instrument.