I. – Loans taken out with credit institutions by social housing management bodies and their groupings, as well as by all companies and bodies over which they exercise control as a result of ownership rights or contracts giving them the possibility of exercising a decisive influence, located in French Polynesia, meet the following conditions:
1° The loan is denominated in CFP francs or in foreign currencies. In the latter case, in order to ensure that the exchange rate risk is fully covered, a currency swap contract against CFP francs is entered into when the loan is taken out for the total amount and the total term of the loan;
2° The interest rate may be fixed or variable. A Conseil d’Etat decree determines the indices and index spreads authorised for variable interest rate indexation clauses;
3° The variable rate indexation formula meets the criteria of simplicity or predictability of the financial charges of the persons or structures mentioned in the first paragraph of this I. The conditions for application of this 3° are set by decree in the Conseil d’Etat.
II. – A financial contract backed by a loan from a credit institution may not have the effect of derogating from I. The conditions for application of this II are set by decree in the Conseil d’Etat.