I. – A UCITS may use techniques and instruments relating to eligible financial securities and money market instruments, and in particular repurchase agreements and similar transactions for the temporary purchase or sale of securities, provided that these techniques and instruments are used for the purpose of efficient portfolio management.
Under no circumstances will these techniques and instruments cause the UCITS to deviate from its investment objectives as set out in the fund rules, the Sicav’s articles of association or the UCITS prospectus.
II. – The techniques and instruments referred to in I meet the following criteria:
1° They are economically appropriate, in the sense that they are profitable to implement;
2° They are used to achieve one or more of the following objectives:
a) Risk reduction ;
b) Cost reduction ;
c) Creation of additional capital or income for the UCITS;
3° The risks they entail are taken into account in an appropriate manner by the UCITS’ risk management process.
III. – The transactions referred to in I also meet the following criteria:
1° They are carried out with a person mentioned in the second paragraph of II of Article R. 214-19 ;
2° They are governed by a master agreement referred to in articles L. 211-36 and L. 211-36-1;
3° They must comply with the settlement rules set out in 3° of article R. 214-15.
In addition, the undertaking’s exposure to counterparty risk on the same counterparty resulting from these transactions is aggregated with that resulting from over-the-counter financial contracts entered into with the same counterparty for the purpose of assessing the limits provided for in III of article R. 214-21.