I. – After receiving the application for authorisation referred to in Article L. 532-30, the Autorité des marchés financiers shall examine whether the AIFM’s designation of France as the reference Member State meets the criteria set by decree in the Conseil d’Etat.
If the Autorité des marchés financiers considers that this is not the case, it shall return the application for authorisation to the sender, stating the reasons.
If the Autorité des marchés financiers considers that France is the reference Member State but that the criteria for authorisation of the AIFM are not met, it shall refuse the application for authorisation in a reasoned decision.
If the Autorité des marchés financiers considers that France is the reference Member State and that the criteria for authorisation of the AIFM are met, it will notify the proposed authorisation to the European Securities and Markets Authority for its opinion, under conditions set by decree.
II. – If the Autorité des marchés financiers proposes to grant authorisation against the opinion of the European Securities and Markets Authority referred to in I, it shall inform the latter by means of a reasoned decision.
III. – When the Autorité des marchés financiers proposes to grant authorisation against the opinion of the European Securities and Markets Authority and the AIFM intends to market AIF units or shares in Member States other than France, the Autorité des marchés financiers shall inform the competent authorities of these Member States in a reasoned decision. Where applicable, it shall also inform, by reasoned decision, the competent authorities of the home Member States of the AIF managed by the AIFM.