As an exception to the provisions of article L. 2253-1, a municipality, alone or with other local authorities, may participate in the capital of a credit institution or a finance company in the form of a public limited company governed by the provisions of Book II of the Commercial Code and whose sole purpose is to guarantee financial assistance granted to legal entities governed by private law, and in particular those operating newly created businesses, where one or more commercial companies, including at least one credit institution or finance company governed by the provisions of Chapter I of Title I of Book V of the Monetary and Financial Code, also participate in the capital of this credit institution or finance company.
The municipality may participate by paying subsidies to set up guarantee funds with the credit institution or finance company mentioned in the previous paragraph. The municipality shall enter into an agreement with the credit institution or finance company setting out, in particular, the purpose, amount and operation of the guarantee fund, as well as the conditions for repayment of the subsidies paid in the event that the fund changes or ceases to operate.
The participation of the communes in the board of directors of this establishment or company constituted in the form of a public limited company is regulated as follows:
1° Where a single commune is a shareholder in this public limited company, it has one seat on the board of directors of this company;
2° Where several communes are shareholders in this public limited company, the number of seats they have on the board of directors takes into account the capital held without this number being less than one seat or more than six.
A decree in the Conseil d’Etat determines the maximum proportion of the capital of the credit institution or finance company that may be held by local authorities, as well as the terms and conditions for granting guarantees and in particular the percentage guaranteed by the institution or company.