Pursuant to the provisions of article R. 332-1 and subject to the exceptions provided for in that same article, in article R. 332-1-1 and in articles R. 332-3-3 to R. 332-10, the insurance undertakings referred to in article L. 310-3-2 represent their regulated commitments referred to in article R. 331-1 by the following assets:
A.-Securities and similar securities :
1° Bonds and other securities issued or guaranteed by one of the Member States of the Organisation for Economic Co-operation and Development (OECD) as well as securities issued by the Caisse d’Amortissement de la Dette Sociale instituted by Article 1 of Order no. 96-50 of 24 January 1996 ; bonds issued or guaranteed by a public international body to which one or more Member States of the European Community belong; bonds issued or guaranteed by the local authorities of an OECD Member State;
2° Securities and securities treated as equivalent, other than those mentioned in 1° and traded on a recognised market, as follows:
a) Bonds issued by a commercial company ;
b) Bonds, units or shares issued by a financial institution governed by sub-section 5 of section 2 of Chapter IV of Title I of Book II of the French Monetary and Financial Code or by a body governed by foreign law with an equivalent object;
c) Participating securities ;
2° bis Short-term negotiable securities remunerated at a fixed rate or indexed to a rate customary on the interbank, money-market or bond markets and issued by legal entities other than Member States of the OECD having their registered office in the territory of those States or by financing institutions governed by sub-section 5 of section 2 of chapter IV of title I of book II of the Monetary and Financial Code, securities of which are traded on a recognised market;
2° ter Medium-term negotiable securities that meet the conditions set out in Article R. 332-14-1 and are issued by legal entities other than OECD Member States that have their registered office in the territory of these States and whose securities are traded on a recognised market;
2°c Bonds, units or shares issued by a financial institution governed by Subsection 5 of Section 2 of Chapter IV of Title I of Book II of the Monetary and Financial Code, which comply with the rules set out in Article R. 332-14-2 ;
3° Shares in sociétés d’investissement à capital variable (open-ended investment companies) and units in fonds communs de placement (unit trusts) whose purpose is limited to the management of a portfolio of securities referred to in 1°, 2°, 2° bis and 2° ter of this article, under the conditions set out in article R. 332-14 ;
4° Shares and other transferable securities traded on a recognised market, other than those referred to in 3°, 5°, 5° bis, 8° and 9° bis;
5° Shares in insurance, reinsurance and capitalisation undertakings having their registered office in one of the Member States of the OECD;
5° bis Shares in insurance, reinsurance and capitalisation undertakings other than those referred to in 5° ;
6° Securities and similar instruments other than those mentioned in 2°, 2° bis, 2° ter, 2° quater, 3°, 4°, 5°, 5° bis, 7° bis, 8°, 9° bis and 12° bis below:
a) Negotiable debt securities, bonds, shares and rights issued by commercial companies ;
b) Negotiable debt securities, bonds, units or shares issued by a financial institution governed by Subsection 5 of Section 2 of Chapter IV of Title I of Book II of the Monetary and Financial Code;
c) Bonds, participating securities, mutualist certificates, where applicable joint certificates, and subordinated securities issued by mutual insurance companies, mutual societies, unions and federations governed by the Mutual Code and provident institutions governed by Title III of Book IX of the Social Security Code having their registered office within the territory of one of the OECD Member States;
7° Units in venture capital mutual funds underarticle L. 214-28 of the Monetary and Financial Code, units in innovation mutual funds under article L. 214-30 of the same code and units in local investment funds under article L. 214-31 of the same code;
7° bis Shares in open-ended investment companies and units in unit trusts governed by articles L. 214-160 and L. 214-161 of the Monetary and Financial Code, shares or units in collective investment schemes governed by article L. 214-154 of the Monetary and Financial Code other than those mentioned in 7° quinquies, shares or units in undertakings for collective investment in transferable securities governed byarticle L. 214-35 of the Monetary and Financial Code as it stood prior to 2 August 2003;
7° ter Units or shares in general-purpose professional funds mentioned in article R. 214-190 of the Monetary and Financial Code;
7°c Units or shares in funds of hedge funds mentioned in article R. 214-186 of the Monetary and Financial Code and collective investment schemes mentioned in III of article L. 214-24 of the same code;
7°d Units or shares in specialised professional funds referred to in Article L. 214-154 of the Monetary and Financial Code, complying with the rules laid down in Article R. 332-14-2, with the exception of the seventh paragraph of II of that Article;
8° Shares in open-ended investment companies and units in unit trusts, other than those mentioned in 3° and 7° to 7°d, under the conditions set out in Article R. 332-14 ;
The recognised markets referred to in 2°, 2° bis, 2° ter and 4° of this article are the regulated markets of the States party to the Agreement on the European Economic Area or the markets of third countries that are members of the OECD and operate regularly. The competent authorities of these countries must have defined the conditions for operation of the market, access to the market and admission to trading, and imposed reporting and transparency requirements.
B.-Real estate assets :
9° Rights in rem in immovable property relating to buildings located in one of the Member States of the OECD and shares in forestry savings companies covered by paragraph 4 of sub-section 2 of section 2 of Chapter IV of Title I of Book II of the Monetary and Financial Code;
9° bis Units or shares in companies whose object is strictly real estate, units in non-trading companies whose object is strictly real estate, having their registered office in the territory of one of the OECD Member States, under the conditions set out in article R. 332-15 ;
9° ter Units or shares in property investment funds covered by paragraph 3 of sub-section 2 of section 2 of Chapter IV of Title I of Book II of the Monetary and Financial Code, other than those mentioned in 9° sexies ;
9°c (Repealed) ;
9° quinquies Units or shares in professional undertakings for collective real estate investment covered by sub-paragraph 2 of paragraph 1 of sub-section 3 of section 2 of chapter IV of title I of book II of the Monetary and Financial Code;
9°e Units or shares in real estate collective investment schemes mentioned in article R. 214-120 of the Monetary and Financial Code, when they exercise the derogation provided for in the same article of the Code.
C.-Loans, deposits and similar securities :
10° Loans obtained or guaranteed by OECD Member States, by local authorities and public institutions of OECD Member States;
11° Mortgage loans to natural or legal persons whose domicile or registered office is in one of the OECD member countries, under the conditions set out in article R. 332-12 ;
12° Other loans or claims representing loans granted to natural or legal persons whose domicile or registered office is in one of the OECD Member States, under the conditions set out in Article R. 332-13;
12° bis Bonds, units or shares issued by a financial institution governed by Subsection 5 of Section 2 of Chapter IV of Title I of Book II of the Monetary and Financial Code, whose assets are composed exclusively of the securities referred to in 10° or 11° of this Article and the assets referred to in 2°, 3° and 4° of II of Article R. 332-14-2, and which comply with the rules laid down in III, V, VI and VII of Article R. 332-14-2;
12° ter Other loans with a total term of at least two years, unsecured, of sufficient credit quality and granted to the persons referred to in the fifth and sixth paragraphs of Article R. 332-13, by an undertaking other than the insurance undertaking. Mutual insurers and unions governed by Book II of the Mutual Code, and provident institutions governed by Title 3 of Book 9 of the Social Security Code, may not represent their regulated commitments with the assets referred to in this paragraph;
13° Deposits, under the conditions set out in Article R. 332-16 ;
D.- Common provisions:
Accrued interest on the investments listed in this article is treated in the same way as such investments.
When a forward financial instrument has been subscribed under the conditions defined in article R. 332-45 and is linked to a security or a group of securities of the same type, among those mentioned in paragraph A of this article, the premiums or compensatory payments paid or received for setting up the instrument are treated in the same way as the said security or group of securities of the same type, up to the limit of the part still to be amortised and, for premiums or compensatory payments paid in respect of over-the-counter transactions, the amount of guarantees received under the conditions of article R. 332-56.
Assets representing technical provisions are valued net of debts contracted to acquire these assets.
Assets pledged as collateral for a specific commitment are not eligible to represent other commitments. By exception, assets pledged as collateral for interest rate transactions on forward financial instruments referred to in articles R. 332-45 and R. 332-46 are accepted as collateral up to the amount of unrealised capital gains recorded on the assets referred to in article R. 343-9 to which these forward financial instruments are linked.