I. – By way of derogation from the 10% limit set out in II of Article R. 214-21, a UCITS may invest up to 20% of its assets in equities and debt securities of a single issuer where, in accordance with the fund rules or the SICAV’s articles of association, the aim of the UCITS’ investment policy is to replicate the composition of an equity or debt securities index, including through the use of techniques and instruments referred to in Article R. 214-18 and financial contracts, which meets the following conditions, verified by the Financial Markets Authority 214-18 and financial contracts, which meets the following conditions, verified by the Autorité des marchés financiers:
1° The composition of the index is sufficiently diversified ;
2° The index constitutes a representative benchmark for the market to which it refers: the supplier uses a recognised method which does not, as a general rule, result in the exclusion of a major issuer from the market to which the index refers;
3° The method used to compile and disseminate this index satisfies the following conditions:
a) It is accessible to the public ;
b) Its supplier is independent of the UCITS which reproduces its composition. When the index provider and the UCITS are part of the same group within the meaning ofArticle L. 233-16 of the Commercial Code, all measures are taken to avoid conflicts of interest.
II. – By way of derogation from I, a UCITS may increase the limit of 20% of its assets to 35% for a single issuer when this is justified by exceptional market conditions, in particular on regulated markets where certain transferable securities or money market instruments are highly dominant. Investment up to this limit is only permitted for a single issuer.