In accordance with the conditions laid down by decree of the Conseil d’Etat, the assets of an undertaking for collective real estate investment are made up of :
1° At least 60% in property assets. In the case of a société de placement à prépondérance immobilière à capital variable, these real estate assets are those mentioned in 1° to 5° of I of article L. 214-36, and the assets mentioned in 1° to 3° and 5° of I of the aforementioned article must represent at least 51% of the assets. In the case of a real estate investment fund, these assets are those mentioned in 1° and 2° of I of article L. 214-36 and, provided that it is a controlled holding, units in real estate investment funds and professional real estate investment funds and units or rights in bodies governed by foreign law with an equivalent purpose and of a similar form mentioned in 5° of the same I ;
2° At least 5% of the assets referred to in 8° and 9° of I of article L. 214-36. These assets must be free of any security interests or rights in favour of third parties.