I. – Local authorities and public establishments falling within the scope defined in article L. 1618-1 may derogate from the obligation to deposit with the State funds that come from:
1° Donations;
2° The alienation of an element of their assets;
3° Loans, the use of which is deferred for reasons beyond the control of the local authority or public establishment;
4° Exceptional income, the list of which is set by decree in the Conseil d’Etat.
II. – The funds whose origin is mentioned in I may only be invested in securities issued or guaranteed by Member States of the European Community or other States party to the Agreement on the European Economic Area, or in units or shares of undertakings for collective investment in transferable securities or collective investments covered by paragraphs 1,2 and 6 of sub-section 2, paragraph 2 or sub-paragraph 1 of paragraph 1 of sub-section 3 of Section 2 of Chapter IV of Title I of Book II of the Monetary and Financial Code managing exclusively securities issued or guaranteed by Member States of the European Community or other States party to the Agreement on the European Economic Area, denominated in euros.
Local authorities and their public establishments may also deposit these funds in a term deposit account opened with the State.
They may hold securities other than those mentioned in the first paragraph when these come from donations. They are authorised to hold them until they are realised or mature.
Securities held by local authorities and their public establishments are deposited exclusively with the State.
III. – Decisions to waive the obligation to deposit funds with the State, pursuant to I and II, fall within the remit of the deliberative body. However, the executive of the territorial authority or local public establishment may benefit from a delegation under the conditions laid down in articles L. 1424-30, L. 2122-22, L. 3211-2 and L. 4221-5.
IV. – Local authorities and their public establishments may, with the authorisation of the Minister responsible for the budget, deposit the funds of their revenue, advance and imprest accounts in an account opened at La Poste or in a credit institution that has obtained approval under the provisions applicable in the Member States of the European Community or the other States party to the agreement on the European Economic Area.
V. – Local authorities, inter-communal forest management syndicates, mixed forest management syndicates, forest syndicate groupings and sections of communes may deposit resources from sales of timber or other products from their forests in an individualised account opened in the Forest Savings Fund created under VI of Article 9 of Act no. 2001-602 of 9 July 2001 on forestry.
VI.-By way of derogation from I and II of this article, the parent entities of the public housing offices mentioned in articles L. 421-6 and L. 421-6-1 of the French Construction and Housing Code and the reference shareholder entities of the sociétés anonymes d’habitations à loyer modéré mentioned in article L. 422-2-1 of the same code, as well as any associated entity of a college holding at least 30% of the voting rights at the general meeting of a société anonyme coopérative d’habitations à loyer modéré mentioned in articles L. 422-3 and L. 422-3-2 of the said code, may waive the obligation to deposit funds with the State, regardless of the nature or origin of the funds, in order to subscribe to redeemable shares issued by these bodies pursuant to article L. 213-32 of the Monetary and Financial Code.
Members of the joint associations referred to in Article L. 421-6 of the French Construction and Housing Code may also, under the same conditions, subscribe to redeemable shares issued by the housing associations attached to these associations.
By way of derogation from Article L. 228-36 of the French Commercial Code, the fixed and variable annual remuneration of the securities subscribed by the entities mentioned in the first and second paragraphs of this IV may not exceed the nominal amount of the issue multiplied by the interest rate paid to the holder of a first passbook savings account in a Caisse d’Epargne at 31 December of the previous year, plus 1.5 points.