Posted on 9 September, 2022 - 11:35 | Category : .
In order to hedge operations related to the management of the loans and exposures referred to in articles L.513-3 to L.513-7 and the obligations foncières or other funds benefiting from the privilege defined in article L.513-11, SCFs may have recourse to derivative instruments as defined in article L.211-11.
However, the amounts due under the derivative instruments SCFs use to hedge their assets and liabilities, after compensation if required, benefit from the privilege defined in article L.513-11 as do the sums due under the derivative instruments SCFs use to manage or hedge the overall risk on their assets, liabilities and off-balance sheet items.
The SCF ensure that the volume of forward financial instruments they use is adapted in the event of a reduction in the hedged risk and that they are terminated when the hedged risk disappears.
The sums due under the derivative instruments used to cover the transactions referred to in part II of article L.513-2 do not benefit from the privilege.
The securities, cash and instruments received by an SCF to guarantee the hedging operations referred to in this article are not included in the calculation of the maximum portion referred to in article L.513-7.