Notwithstanding articles 1349 of the French Civil Code and L. 228-44 and L. 228-74 of the French Commercial Code, sociétés de crédit foncier may subscribe to their own “obligations foncières” for the sole purpose of using them as collateral for Banque de France credit operations in accordance with the procedures and conditions determined by the Banque de France for its monetary policy and intraday credit operations, in the event that the sociétés de crédit foncier are unable to cover their cash requirements by the other means available to them.
The “obligations foncières” thus subscribed must comply with the following conditions:
1° The maximum proportion that they may represent is 10% of the total outstanding resources benefiting from the privilege on the date of acquisition ;
2° They are deprived of the rights provided for in articles L. 228-46 to L. 228-89 of the French Commercial Code for as long as they are held by the société de crédit foncier ;
3° They are assigned as collateral to the Banque de France. Failing this, they are cancelled within eight days;
4° They may not be subscribed by third parties.
The Specific Controller certifies that these conditions have been met and draws up a report for the Autorité de contrôle prudentiel et de résolution.