Where an AIF management company is unable to ensure compliance with the provisions of Subsection 1 of Section 2 of Chapter IV of Title I of Book II for which an AIF or another entity acting on its behalf is responsible, it shall immediately inform the Autorité des marchés financiers and, if necessary, the competent authorities of the European Union AIF or of a State party to the Agreement on the European Economic Area concerned. The Autorité des marchés financiers shall require the management company to take the necessary measures to remedy the situation.
If, despite the measures taken by the competent authorities responsible for the AIF, non-compliance with the requirements persists, and insofar as it is a management company established in the European Union or in a State party to the agreement on the European Economic Area or an AIF of the European Union or of a State party to the agreement on the European Economic Area, the Autorité des marchés financiers shall require the resignation of this company in its capacity as management company of this AIF under the conditions laid down in the general regulations of the Autorité des marchés financiers. In this case, the AIF is no longer marketed in the European Union or in a State party to the Agreement on the European Economic Area. If the fund manager is established in a third country and manages a third-country AIF, the AIF is no longer marketed in the European Union or in a State party to the Agreement on the European Economic Area. The Autorité des marchés financiers shall immediately inform the competent authorities of the AIFM’s host countries. The authorised representative appointed by the Financial Markets Authority to supervise the company until its resignation takes effect chooses, where appropriate, another portfolio management company to manage the AIF. Such agent shall be remunerated for the performance of its duties by the portfolio management company in accordance with the conditions laid down in the General Regulations of the Autorité des marchés financiers.
This article applies to the management companies of the following AIFs:
a) Falling under II of Article L. 214-24, excluding those mentioned in its last paragraph, and excluding AIFs falling under I of Article L. 214-167 and those mentioned in the second paragraph of III of Article L. 532-9;
b) Relevant to 1° of III of Article L. 214-24.