I. – If the actual development of the AIFM’s operations in the European Union within two years of its authorisation indicates that the marketing strategy as presented at the time of authorisation has not been followed or that it has made false statements, or if it has failed to fulfil its obligations under Article L. 532-39, the AMF shall ask the AIFM to indicate its new reference Member State.
If the AIFM fails to reply, the AMF will withdraw its authorisation.
II. – In the event of a change in its marketing strategy after the period referred to in Article L. 532-39, which is likely to result in a change of reference Member State, the AIFM may submit a request to the AMF to change its reference Member State.
III. – If the Autorité des marchés financiers disagrees with the AIFM’s designation of its new Member State of reference pursuant to the provisions of I and II of this Article, it may refer the matter to the European Securities and Markets Authority.