An undertaking for collective investment in real estate may enter into contracts constituting the financial futures instruments referred to in article L. 214-38 which meet the characteristics of credit derivatives defined by the agreements referred to in articles L. 211-36 and L. 211-36-1, under the conditions set out in articles R. 214-111 and D. 214-113.
These financial futures instruments make it possible to transfer the credit risk linked to an instrument mentioned in article L. 214-24-55, independently of the other risks linked to this instrument, and comply with the following criteria:
1° In accordance with the conditions laid down in the general regulations of the Autorité des marchés financiers, the real estate investment trust takes appropriate account of the risk that its counterparty may hold information to which it does not have access;
2° The issuers on which the credit risk is based may be :
a) One or more States ;
b) One or more public international bodies of which one or more Member States of the European Union are members;
c) One or more local authorities of the European Union;
d) One or more legal entities that have issued at least :
i) either debt securities meeting the criteria defined in Article R. 214-32-20 or debt securities admitted to trading on a regulated market within the meaning of I of Article R. 214-32-18 and having made public, for at least one issue of such debt securities, at least one rating obtained from a body appearing on a list drawn up by the Minister for the Economy ;
ii) equity securities admitted to trading on a regulated market within the meaning of I of Article R. 214-32-18;
e) Several entities in categories a to d above;
3° The settlement of commitments created by these contracts may only give rise to the delivery or transfer of assets, including cash, eligible for inclusion in the assets of an undertaking for collective real estate investment.