The selection of the units of account mentioned in article R. 131-1-1 is reserved for:
1° Subscribers or members considered, after evaluation, to have the experience, knowledge and skills necessary to make their own investment decisions and correctly assess the risks involved;
2° Subscribers or members who allocate a premium of at least 100,000 euros to the acquisition of rights expressed in these units of account;
3° Or, where the units or shares of the funds referred to in 1° to 3° of Article R. 131-1-1 have received authorisation to use the name “ELTIF” pursuant to Regulation (EU) No 2015/760 of the European Parliament and of the Council of 29 April 2015 on European long-term investment funds, to subscribers who allocate a premium equal to or greater than 10,000 euros to the acquisition of rights expressed in these units of account.
The outstanding commitments expressed in units of account selected pursuant to 1°, 2° or 3° do not exceed 50% of the contract’s total assets. Outstanding commitments expressed in units of account selected in application of 3° by subscribers other than those mentioned in 1° and 2° do not exceed 10% of the contract’s total assets.
These ceilings are assessed when a premium is paid or an arbitration is carried out. If, apart from these operations, one of these ceilings is exceeded, the contract is deemed to comply with them. By way of derogation, a transaction that reduces the difference between the contract and the ceiling when the latter is exceeded is authorised.
The contract must stipulate the conditions under which, in the event of the disappearance of a unit of account, another unit of account of the same type is substituted for it, by an amendment to the contract.