A UCITS may enter into financial contracts meeting the characteristics of credit derivatives which satisfy the following criteria:
1° They make it possible to transfer the credit risk associated with an asset mentioned in 1° of Article R. 214-15 independently of the other risks associated with this asset;
2° They give rise to the delivery or transfer of assets mentioned in article L. 214-20, including in the form of cash;
3° They fulfil the criteria applicable to over-the-counter financial contracts mentioned in 2° and 3° of Article R. 214-15;
4° The risks they entail are taken into account in an appropriate manner by the UCITS’ risk management process, as well as by its internal control mechanisms in the event of a risk of asymmetry of information between the UCITS and the co-contractor, resulting from the latter’s possible access to information not available to the public concerning entities whose assets serve as underlyings for credit derivatives.
The General Regulation of the Autorité des marchés financiers shall specify the conditions of application of this article.