I. – Any portfolio management company having its registered office in mainland France, the French overseas departments, Saint-Martin and the Department of Mayotte and authorised to manage an AIF covered by Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 or to provide investment services pursuant to this Directive, under the freedom to provide services or the freedom of establishment in another Member State of the European Union, shall notify the Autorité des marchés financiers of its plans in accordance with the procedures laid down by decree of the Conseil d’Etat.
II. – When the Autorité des marchés financiers is informed by the competent authorities of the host State that an asset management company referred to in I refuses to provide them with information falling under their responsibility or has not taken the necessary steps to put an end to breaches committed within the territory of the host State, the Autorité des marchés financiers :
a) Take all appropriate measures to ensure that the asset management company provides the information requested by the competent authorities of its host Member State or puts an end to the breaches committed. The Autorité des marchés financiers shall inform the competent authorities of the host Member State of the measures taken;
b) Request the necessary information from the competent supervisory authorities of third countries.
Where the Autorité des marchés financiers is informed by the authorities of the management company’s host Member State that they have clear and demonstrable grounds for considering that the management company is infringing rules which do not fall within their competence, the Autorité des marchés financiers shall take appropriate measures, including, if necessary, requesting additional information from the relevant supervisory authorities of third countries.