A département may only grant a loan guarantee or its surety to a private-law person mentioned in the penultimate paragraph of this article or in 1° of I of article L. 3231-4-1 or carrying out an operation mentioned in I and II of the same article L. 3231-4-1 under the conditions set out in this article.
The total amount of annual instalments, already guaranteed or guaranteed to fall due during the financial year, of loans contracted by any private or public law entity, plus the amount of the first full annual instalment of the new guaranteed loan, and the amount of annual instalments of the departmental debt may not exceed a percentage, defined by decree, of the actual revenue of the operating section of the departmental budget; the amount of the specific provisions set aside by the department to cover the guarantees and sureties granted, multiplied by a coefficient set by decree, is deducted from the total amount defined in this paragraph.
The amount of annual instalments guaranteed or bonded for the benefit of a single debtor, payable in respect of a financial year, must not exceed a percentage, defined by decree, of the total amount of annual instalments that may be guaranteed or bonded in application of the previous paragraph.
The percentage guaranteed by one or more local authorities on a single loan may not exceed a percentage set by decree.
The provisions of the previous paragraph do not apply to loan guarantees or sureties granted by a département to the general interest organisations referred to in articles 200 and 238 bis of the General Tax Code or to organisations approved as solidarity landholding organisations with a view to achieving their main purpose mentioned in Article L. 329-1 of the Town Planning Code.
No stipulation may prevent the guarantees or sureties granted by a département from being called upon, at the département’s discretion, either for the entire loan or for the annual instalments determined by the contractual repayment schedule.