The companies defined in Article 238 bis HE must make their investments in the form of:
a. Subscriptions to the capital of companies that are subject to corporation tax under ordinary law and whose sole activity is the production of cinematographic or audiovisual works falling within the scope of the authorisation provided for in the aforementioned article.
b. Cash payments made under a production association contract. This contract must be concluded and the payments made before filming begins. It makes it possible to acquire a right to the takings from the exploitation of an approved cinematographic or audiovisual work under the conditions set out in Article 238 bis HF and limits the subscriber’s liability to the amount of the payment. The contract is entered in the public film and audiovisual register provided for in Title II of Book I of the Code du Cinéma et de l’Image Animée; its holder has no right to exploit the work and is not eligible for financial support for production from the Centre National du Cinéma et de l’Image Animée. Financing through these contracts may not exceed 50% of the total cost of the work.
c. Cash payments made by distribution association contract, in order to contribute to the financing, by distribution companies, of the production of cinematographic works in the form of advances and to the assumption by these companies of the costs of publishing and promoting these works in cinemas. The contract must be signed and payments made before the work is released in cinemas. It allows the acquisition of a right to the box office receipts of a cinematographic work approved under the conditions set out in article 238 bis HF and limits the subscriber’s liability to the amount of the payment. The contract is entered in the public film and audiovisual register provided for in Title II of Book I of the French Film and Moving Images Code; its holder does not enjoy any rights to exploit the work and is not eligible for financial aid for distribution from the Centre national du cinéma et de l’image animée. The financing of the production of cinematographic works by means of these contracts in the form of advances may not exceed 50% of the total cost of the work.
The combined amount of financing by means of the contracts referred to in b and the financing of production in the form of advances by means of the contracts referred to in c may not exceed 50% of the total production cost of the cinematographic work.
The amount of the payments referred to in the same paragraph may not exceed 50% of the total production cost of the cinematographic work.
The amount of the payments mentioned in the same c represents a maximum of 15% of the total amount of annual investments mentioned in article 238 bis HE.