Subsection 2: Funds open to non-professional investors.

The properties referred to in 1° of I of article L. 214-36 eligible for inclusion in the assets of an undertaking for collective real estate investment are : 1° Buildings let or offered for letting on the date of their acquisition by the undertaking or by any legal entity that has entered into a usufruct agreement in accordance with Chapter III of Title V of Book II of the French…

The rights in rem referred to in a of I of Article L. 214-92 are : 1° Ownership, bare ownership and usufruct ; 2° emphyteusis ; 3° easements; 4° The rights of the lessee under a construction lease or a rehabilitation lease; 5° Any real right conferred by a title or by an emphyteutic lease in respect of the occupation of an area of the public domain of the State,…

Direct or indirect holdings in the companies referred to in 2° and 3° of I of article L. 214-36 are only eligible for inclusion in the assets of an undertaking for collective real estate investment if the following three conditions are met: 1° These companies draw up annual accounts and interim accounts at least every six months; 2° The properties and real rights held by these companies meet the conditions…

I. – Direct or indirect holdings in foreign undertakings referred to in 5° of the I of article L. 214-36 are only eligible for inclusion in the assets of an undertaking for collective real estate investment if these undertakings draw up annual accounts and interim accounts at least every six months. II. – Direct or indirect holdings held by a real estate investment trust in real estate investment trusts, professional…

Notwithstanding article R. 214-83, the assets of a real estate investment company with variable capital may also include direct or indirect holdings in companies mentioned in 2° and 3° of the I of article L. 214-36 which do not meet the conditions set out in 2° and 3° of article R. 214-83, up to a limit of 20% of the real estate assets mentioned in 1° to 3° and 5°…

Undertakings for collective investment in real estate must invest at least 20% of their real estate assets in buildings constructed, rented or offered for rent. The conditions for assessing this 20% ratio are those set out in I and III of article R. 214-87.

I. – For the purposes of determining the 20% limit referred to in article R. 214-85 and the 20% ratio referred to in article R. 214-86, the denominator shall include : 1° The assets referred to in 1° of the I of Article L. 214-36 held directly by the undertaking for collective real estate investment ; 2° Buildings, real rights referred to in article R. 214-82 and, where applicable, lessee…

The 20% limit referred to in article R. 214-85 and the 20% ratio referred to in article R. 214-86 are complied with on 30 June and 31 December of each financial year, at the end of the three-year period referred to in article L. 214-43. The management company of the undertaking for collective investment in real estate immediately informs the undertaking’s custodian of any failure to comply with this limit…

I. – To assess the 60% and 51% quotas mentioned in 1° of article L. 214-37 , the denominator takes into account : 1° The assets mentioned in 1°, 4° and 6° to 9° of I of article L. 214-36 held directly by the real estate collective investment undertaking ; 2° Assets held directly by the companies referred to in 2° or 3° of I of Article L. 214-36 in…

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…