The 60% and 51% quotas mentioned in 1° of article L. 214-37 are met on 30 June and 31 December of each financial year, at the end of the three-year period mentioned in article L. 214-42.
In the event of non-compliance with one of these quotas, the management company of the real estate collective investment undertaking must rectify the situation within a reasonable timeframe and in such a way that each quota is met at least seven times per fixed period of five years from the end of the three-year period referred to in article L. 214-42. The management company shall immediately inform the scheme’s custodian if any of these quotas are not met. It shall also inform the Autorité des marchés financiers and the tax department with which it files its income tax return or with which the undertaking for collective investment in transferable securities files its tax return, as soon as possible and no later than fifteen days following the discovery of non-compliance. The management company shall state the reasons for the non-compliance and describe the measures it intends to implement to rectify the situation.