An undertaking for collective real estate investment may receive the guarantees mentioned in article L. 211-38 under the conditions defined in that same article, guarantees relating to joint and several sureties or first demand guarantees.
The undertaking for collective investment in real estate may only receive guarantees if they are granted by an institution acting as UCITS or AIF custodian, by a credit institution whose registered office is located in a Member State of the Organisation for Economic Co-operation and Development or by an investment firm whose registered office is located in a Member State of the European Union or in another State party to the Agreement on the European Economic Area, or by an authorised branch referred to in I of article L. 532-48. The aforementioned authorised investment firms or branches must be authorised to provide the service referred to in 1 of Article L. 321-2 and have own funds, within the meaning of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013, of at least EUR 3.8 million, except where the guarantees are granted under contracts constituting forward financial instruments referred to in Article D. 214-113.