I. – The financial futures instruments referred to in 6° of the I of article L. 214-36 and in article L. 214-38 are those referred to in 1, 5 and 6 of the I of article D. 211-1 A .
II. – An undertaking for collective investment in real estate may enter into contracts constituting the financial futures instruments referred to in I, with a view to protecting its assets or achieving its management objective, subject to the conditions set out in article R. 214-111 and the following additional conditions:
1° The undertaking’s exposure to financial futures, as defined in article R. 214-112, does not exceed the value of its net assets;
2° The contracts have the following characteristics:
a) They relate to the instruments mentioned in article L. 214-24-55, including one or more characteristics of these assets, or to interest rates, exchange rates or currencies, or to a combination of the above, or to financial indices relating, where applicable, to property prices and meeting the conditions laid down in article R. 214-32-25 ;
b) They are entered into on regulated futures markets, the list of which is set by order of the Minister for the Economy, or meet the following criteria:
i) They may be unwound or liquidated at any time, at the market value referred to in this iii, at the initiative of the undertaking for collective investment in real estate;
ii) They are entered into with a person referred to in 2° of Article R. 214-32-22;
iii) They are subject to a valuation carried out by the undertaking for collective investment in real estate, which is not based solely on market prices given by the counterparty and which meets the following criteria:
1° be based on a reliably established current market value for the instrument or, if no such value is available, on a valuation model using a recognised and appropriate method ;
2° Be verified by a third party independent of the counterparty to the financial instrument, on a regular basis and in such a way that the undertaking for collective investment in real estate can monitor it, or by a department of the undertaking for collective investment in real estate independent of the operational functions and equipped for this purpose;
3° With the exception of contracts constituting financial futures based on indices meeting the conditions defined in Article R. 214-32-30, the investment underlying these contracts must be taken into account for the application of the provisions set out in Articles R. 214-95 to R. 214-99.