I. – A general-purpose investment fund 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 general-purpose investment fund to deviate from its investment objectives as set out in the fund rules, the Sicav’s articles of association or the prospectus of the general-purpose investment fund.
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 general purpose investment fund;
3° The risks they entail are appropriately taken into account by the general purpose investment fund’s 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. 214-32-28 ;
2° They are governed by a framework agreement mentioned 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. 214-32-22.
They must be taken into account for the application of the general rules on asset composition, the gearing ratios and the rules for calculating overall risk defined in this paragraph. In addition, the exposure of the general-purpose investment fund to counterparty risk on a single 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. 214-32-29.