An undertaking for collective real estate investment whose information document for subscribers provided for in III of Article L. 214-35 stipulates that the undertaking is reserved for no more than twenty unit or share holders or for a category of investors whose characteristics are defined in the general regulations of the Autorité des marchés financiers in accordance with the fifth paragraph of Article L. 214-73 may, in accordance with Article R. 214-95 and under the conditions laid down in that Article, include units or shares of undertakings referred to in 5° of I of Article L. 214-36 representing more than 10% of the assets of the real estate collective investment undertaking, subject to compliance with the following conditions:
1° The undertaking’s information document for subscribers mentions the use of this derogation;
2° The securities referred to in 5° of I of Article L. 214-36 issued by a single undertaking may not exceed 10% of the assets of the undertaking for collective real estate investment, excluding the undertaking’s operating receivables.