An undertaking for collective real estate investment may grant the guarantees referred to in article L. 211-38 under the conditions defined in that same article and under the following additional conditions:
1° The guarantees granted by the undertaking relate to the financial instruments referred to in 4° to 7° of I of article L. 214-36 held by the undertaking or to the financial instruments and deposits referred to in 8° and 9° of I of article L. 214-36 held by the undertaking in excess of the 5% quota referred to in 2° of article L. 214-37;
2° Where the guarantees granted by the undertaking are security interests, the instrument constituting these security interests defines :
a) The nature of the assets or rights that the beneficiary of the collateral may use or dispose of ;
b) The maximum amount of the assets or rights that the beneficiary of the security may use or dispose of. This maximum amount may not exceed 100% of the beneficiary’s claim on the body. The General Regulation of the Autorité des marchés financiers specifies the methods for calculating the beneficiary’s claim on the undertaking;
3° The terms and conditions for valuing the assets or rights provided as collateral by the undertaking shall be defined in the instrument establishing the collateral or in an ancillary agreement between the parties. The General Regulation of the Autorité des marchés financiers specifies the terms and conditions for valuing the assets or rights provided as collateral by the undertaking.