The condition set out in 2° of I of Article L. 3332-17-1 is met when either of the following two conditions is met:
1° Operating expenses relating to activities involved in the pursuit of social utility, within the meaning ofArticle 2 of Law No. 2014-856 of 31 July 2014 on the social and solidarity economy, represent at least 66% of all operating expenses in the company’s income statement over the last three financial years ended ;
2° The ratio between, on the one hand, the sum of the dividends and the remuneration of the non-bank financial assistance mentioned in Articles L. 213-5, L. 213-32 to L. 213-35, L. 313-13, L. 512-1 to L. 512-8 of the Monetary and Financial Code and paragraphs 2 and 3 of Article L. 312-2 of the same code, and, on the other hand, the sum of shareholders’ equity and the aforementioned non-bank financial assistance is less, over the last three financial years, than the average rate of return on the bonds of private companies mentioned inarticle 14 of law no. 47-1775 of 10 September 1947 on the status of cooperation, increased by a rate of 5%. The company must also undertake to continue to comply with the ratio thus defined for the duration of the approval.
The 5% increase referred to in the previous paragraph may be modified by order of the Minister responsible for the social economy to take account of changes in business financing conditions, up to a limit of plus or minus one quarter of this rate.
For companies that have been in existence for less than three years on the date of the application for approval, the conditions mentioned in 1° and 2° are verified for all of their completed financial years.