Key Benefits:
The Prime Minister,
On the report of the Minister of Health and Solidarity,
Considering Directive No. 2002/83/EC of the European Parliament and the Council of 5 November 2002;
Having regard to Directive No. 2003/51/EC of the European Parliament and of the Council of 18 June 2003 amending Council Directive No. 78/660/EEC of 25 July 1978, No. 83/349/EEC of the Council of 13 June 1983 and No. 91/674/EEC of 19 December 1991;
Considering the social security code, including title III of Book IX;
The State Council (Finance Section) heard,
Decrete:
The Social Security Code (Part Two: Decrees in the Council of State) is thus amended:
1° To article R. 931-10-6:
In II, the words: "of the credit margin provided for in this section" are replaced by the words: "the lowest amount of the credit margin requirement or the credit margin requirement";
2° In article R. 931-10-8:
The last paragraph is replaced by the following:
"The fund is constituted by the elements mentioned in 1, 2 and 3 of I, II and 1 of III of Article R. 931-10-6";
3° Article R. 931-10-21:
(a) At 8°, after the words: "and mutuals" are inserted the words: ", unions and federations" and the word: "9°" is replaced by the words: "9° bis";
(b) The 9° is replaced by the following:
« 9° Shares of mutual funds at risk under Article L. 214-36 of the monetary and financial code, shares of mutual funds in the innovation of Article L. 214-41 of the same code and shares of investment funds in the vicinity of Article L. 214-41-1 of the same code; » ;
(c) After 9°, it is added a 9° bis, 9° ter and 9° quater as follows:
"9° bis Actions of companies of variable capital investment and shares of mutual funds of investments of articles L. 214-37 and L. 214-38 of the monetary and financial code, shares or shares of a collective investment agency in securities under Article L. 214-35-2 of the monetary and financial code, shares or shares of securities collective investment organizations under Article L. 214-35 of the previous monetary code and
"9° ter Shares or shares of levers collective investment organizations referred to in R. 214-29 or collective investment organizations in securities with levers-based investment rules referred to in R. 214-32;
"9° quater Shares or shares of collective investment organizations in securities of alternative funds referred to in R. 214-36";
(d) At 10°, after the words: "other than those mentioned in 4° and 9°" are inserted the words: "at 9° quater";
4° Article R. 931-10-22:
At 1°, the words "5%" are replaced by the words "10%" and after the word "9°" are inserted the words "at 9° quater";
5° In article R. 931-10-23:
(a) At 1°, after the words: "ready obtained" are inserted the words: "or guaranteed";
(b) At 3°, the words "0.5%" are replaced by the word "1%" and after the word "9°" are inserted the words "9° bis and 9° ter";
6° Section R. 931-10-35 is replaced by the following provisions:
"Art. R. 931-10-35. - Pursuant to the provisions of 4° and 10° of section R. 931-10-21, are eligible for representation of the regulated commitments the shares or shares of securities collective investment bodies under subsections 1 to 8 of section 1 of chapter IV of title I of book II of the monetary and financial code (regulatory part); are also eligible for the shares or shares of the securities collective investment bodies governed by the regulations of the Member States of the European Community and other States Parties to the Agreement on the European Economic Area, provided that these rules are in accordance with Community Directive No. 85/611/EEC of 20 December 1985 amended on securities collective investment bodies. »
7° In article R. 931-10-40:
(a) In the last paragraph of I, the words: "a provision for depreciation must be incorporated" are replaced by the words: "a depreciation must be observed";
(b) In the last paragraph of II, the words: "constitution of a provision for depreciation" are replaced by the words: "recognition of depreciation";
8° In article R. 931-10-41:
In the first sentence of the last paragraph, the words "depreciation provisions" and "depreciation a" are replaced respectively by the words "depreciations" and "that they have";
9° In article R. 931-12-16:
In the first paragraph, the words "a provision for risks and expenses" are replaced by the word "a provision".
The Minister of Health and Solidarity is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, December 11, 2006.
Dominique de Villepin
By the Prime Minister:
Minister of Health and Solidarity,
Xavier Bertrand
