A general-purpose investment fund 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 referred to in 1° of Article R. 214-32-22 independently of the other risks associated with this asset;
2° They give rise to the delivery or transfer of assets mentioned in article L. 214-24-55, 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. 214-32-22 ;
4° The risks they entail are taken into account in an appropriate manner by the risk management process of the general-purpose investment fund, as well as by its internal control mechanisms in the event of a risk of asymmetry of information between the general-purpose investment fund and the co-contractor, resulting from the latter’s possible access to non-public information 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.