Question 5501 — local authorities

Summary

Mr. Antoine Golliot draws the attention of the Minister of Regional Planning and Decentralization to the possibility for a local authority to grant a loan guarantee to a mixed economy company (SEM) as part of a development operation. Indeed, when a community entrusts an SEM with the development of a concerted development zone (ZAC), it is common for the latter to request a loan guarantee from the from the community in order to activate a cash line. This cash line aims to cover the financing costs of part of the work while awaiting receipt of the proceeds from sales of developments in progress. However, the jurisprudence of the Council of State regularly recalls the ban on communities granting guarantees on cash lines, which creates legal uncertainty for these financial arrangements that are nevertheless essential to the successful completion of public development projects. Therefore, he would like to know if the Government plans to adapt the legal framework in order to allow communities to provide a loan guarantee within this specific framework, while ensuring the security of public finances.

Machine translation from French. The official text remains authoritative.

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