The total amount of shareholdings held by a region in the capital of commercial companies does not represent more than 5% of its actual operating revenue as recorded in its last available management account.
Shareholdings held by the region, prior to the publication of Decree no. 2016-807 relating to the conditions for the acquisition of shareholdings in the capital of commercial companies by regional councils, on the basis of an authorisation by decree in the Conseil d’Etat, are taken into account for the calculation of the ratios provided for in the previous two paragraphs.
If the 5% ceiling is exceeded, the amount of new equity investments that may be made by the region during the financial year following the date on which the ceiling is exceeded is limited to the value of disposals made during that financial year. If, after this one-year period, the total amount of shareholdings held by a region in the capital of commercial companies still exceeds this 5% ceiling, the region undertakes a programme of disposals enabling it to comply with the ceiling as quickly as possible under the conditions laid down for disposals in article R. 4211-8. No new shareholdings may be acquired until the region resumes compliance with this ratio.
The region may not acquire new shareholdings until it resumes compliance with this ratio.