I. The sums not distributed by an open-ended investment company on the date of its absorption, carried out in accordance with the regulations in force, by a mutual fund are taxed when they are distributed among the unit-holders of the mutual fund.
These provisions are applicable in the event of the demerger of an open-ended investment company in accordance with the regulations in force.
II.-In the event of the absorption, in accordance with the regulations in force, of an open-ended investment company with a majority of real estate assets referred to in 3° nonies of Article 208 by a property investment fund referred to in Article 239 nonies, the allocation of securities to the members of the transferring company in return for the cancellation of the securities of this company is not considered as a distribution of income from movable property, provided that the fund undertakes, in the merger deed, to substitute itself for the absorbed company for the distribution obligations provided for in II of Article L. 214-69 of the Monetary and Financial Code.
These provisions apply in the event of the demerger of a predominantly real estate investment company in accordance with the regulations in force. The distribution obligations mentioned in the first paragraph must be taken over by the funds receiving the contributions in proportion to the amount of the actual assets contributed, assessed on the effective date of the transaction.