I. – For the application of a, b and c of 3 of article L. 221-32-2, the number of employees, turnover and balance sheet total mentioned in 2 of the same article are determined in accordance with I of article D. 221-113-5.
The data used to determine eligibility for the plan are those relating to the last financial year ended prior to the date on which the securities concerned are included in the assets of the undertaking for collective investment. It is calculated on an annual basis.
II.In order to enable unitholders or shareholders of the undertakings for collective investment mentioned in a, b, c and e of 3 of Article L. 221-32-2 to justify the eligibility of their investment in the plan, these undertakings or, in the absence of a legal entity, their manager or their representative in relation to third parties, undertake, in a document intended for the information of subscribers and which must be sent to the Autorité des marchés financiers prior to the marketing in France of the securities concerned, to invest their assets on a permanent basis in the proportions provided for in the aforementioned Article L. 221-32-2.
They must also indicate in their annual or half-yearly reports, which the administration may request, the proportion of their assets actually invested in the securities mentioned in the previous paragraph during the year or half-year in question.
III. – Unit holders or shareholders in collective investment undertakings must prove that their investment is eligible for the plan by producing, at the request of the authorities, the document provided for in the first paragraph of II.