I. – A fixed fee is payable by persons subject to the supervision of the Autorité des marchés financiers, where provided for by law or regulation, in the following cases:
1° In the event of publication by the AMF of a declaration made by a person acting alone or in concert pursuant to II or VII of Article L. 233-7 of the Commercial Code or Article L. 233-11 of the same Code, the fee payable, set by decree, is greater than 500 euros and less than or equal to 1,000 euros. It is payable on the day of publication of the declaration;
2° When examining the obligation to file a public offer mentioned in I of Article L. 433-1 and in 3° of I of Article L. 433-4, the fee payable, set by decree, is greater than 2,000 euros and less than or equal to 4,000 euros. It is payable on the day of publication of the decision of the Autorité des marchés financiers ;
3° When an issuer, other than a financial institution within the meaning of Article L. 214-166-1 of this Code, submits an information document on an issuance programme, an issue, a sale or an admission to trading of financial instruments referred to in 2 of II or III of Article L. 211-1 giving rise to prior approval by the Autorité des marchés financiers pursuant to EU Regulation 2017/1129 of 14 June 2017, the fee payable, set by decree, is greater than €2,000 and less than or equal to €10,000. It is payable on the day the document is submitted;
4° Upon notification or authorisation to market in France a foreign collective investment scheme or a foreign investment fund or a subfund of such a collective investment scheme or investment fund, the fee payable, set by decree, is greater than €1,000 and less than or equal to €4,000;
5° For the filing with the Autorité des marchés financiers of the draft information documents and standard contract referred to in Article L. 551-3 that comply with Articles L. 551-1 to L. 551-5, the fee payable, set by decree, is greater than 6,000 euros and less than or equal to 15,000 euros;
6° When an issuer submits an information document on a public offering of tokens requiring prior approval by the Autorité des marchés financiers pursuant to Article L. 552-4, the fee payable, set by decree, is more than €1,500 and less than or equal to €7,000. It shall be paid within six months of the date on which the information document is filed with the Autorité des marchés financiers;
7° (Repealed).
II. – A contribution is payable by persons subject to the supervision of the Autorité des marchés financiers, where provided for by law or regulation, in the following cases:
1° On the occasion of any public offer mentioned in articles L. 433-1 to L. 433-5, the contribution is the sum of, on the one hand, a fee set at 10,000 euros and, on the other hand, an amount equal to the value of the financial instruments purchased, exchanged, presented or compensated, multiplied by a rate, set by decree, which may not exceed 0.30 per thousand when the transaction is carried out on securities giving or capable of giving direct or indirect access to capital or voting rights, and 0.15 per thousand in other cases, under conditions set by decree.
This contribution is payable by any initiator of an offer, regardless of the outcome, on the day of publication of the results of the transaction;
2° When an issuer, with the exception of the collective investment schemes referred to in Article L. 214-86, submits an information document on a public issue or sale of shares or mutual fund certificates for prior approval by the Autorité des marchés financiers pursuant to the general regulations of the Autorité des marchés financiers, this contribution is based on the value of the shares or mutual fund certificates issued or sold during the twelve-month period of validity of the approval from the date of publication of the approval. The rate is set by decree and may not exceed 0.25 per thousand and the amount may not be less than €1,000. This contribution is payable on expiry of the visa validity period;
3° When a buyback programme is implemented by an issuer liable for the contribution on market capitalisation provided for in IIa of this article.
This contribution is payable on 1 January of each year and is based on the gross annual amount of buybacks carried out during the previous calendar year. The rate is set by decree and may not exceed 0.25 per thousand. It may not be less than €1,000;
4° In the context of the supervision of the following persons, this contribution is calculated as follows:
a) For investment firms and credit institutions authorised in France on 1 January to provide at least one investment service mentioned in Article L. 321-1, other than that mentioned in 4 of the same Article L. 321-1, or authorised on the same date to provide the related service mentioned in 1 of Article L. 321-2, the contribution is equal to an amount set by decree, greater than 10,000 euros and less than or equal to 60,000 euros ;
By way of derogation from the first paragraph of this a, for investment firms and credit institutions authorised solely to provide the investment services mentioned in 1 and 5 of Article L. 321-1, the contribution is equal to an amount set by decree, greater than 5,000 euros and less than or equal to 15,000 euros;
b) For branches of third-country investment firms and credit institutions authorised in France on 1 January to provide at least one investment service mentioned in Article L. 321-1 or authorised on the same date to provide the related service mentioned in Article L. 321-2(1), the contribution is equal to an amount set by decree, greater than 10,000 euros and less than or equal to 60,000 euros;
By way of derogation from the first paragraph of this b, for branches of investment firms and credit institutions authorised solely to provide the investment services mentioned in 1 and 5 of Article L. 321-1, the contribution is equal to an amount set by decree, greater than 5,000 euros and less than or equal to 15,000 euros;
c) For investment firms and credit institutions authorised on 1 January to provide, on an unrestricted basis in France, at least one investment service mentioned in Article L. 321-1 or authorised on the same date to provide the related service mentioned in 1 of Article L. 321-2, the contribution is equal to an amount set by decree, greater than 5,000 euros and less than or equal to 40,000 euros;
By way of derogation from the first paragraph of this c, for investment firms and credit institutions only authorised to provide the investment services mentioned in 1 and 5 of Article L. 321-1, the contribution is equal to an amount set by decree, greater than 3,000 euros and less than or equal to 12,000 euros;
d) For investment firms and credit institutions authorised in France to provide the investment service mentioned in 4 of Article L. 321-1, the contribution is set at an amount equal to the assets managed under mandate, regardless of the country in which the assets are held or registered, multiplied by a rate set by decree which may not exceed 0.015 per thousand, but may not be less than €1,500. Assets under management are calculated as at 31 December of the previous year;
e) For the collective investment management companies referred to in Article L. 543-1 and collective investment schemes that have not delegated the management of their entire portfolio within the meaning of Articles L. 214-7-1 and L. 214-24 authorised in France, the contribution is set at an amount equal to the outstanding amount of units, shares or debt securities issued by collective investment schemes governed by French and foreign law and investment funds governed by foreign law, and assets managed under mandate, regardless of the country in which the assets are held or registered, multiplied by rates set by decree which may not exceed 0.015 per thousand, but may not be less than €1,500. The amounts outstanding are calculated at 31 December of the previous year.
By way of derogation from the first paragraph of this e, for legal entities that manage alternative investment funds mentioned in 3° of III of the same Article L. 214-24, the contribution is equal to an amount set by decree, greater than 1,000 euros and less than or equal to 2,000 euros;
f) For the management companies referred to in Articles L. 532-20-1 and L. 532-21-3, the contribution is set at an amount equal to the total outstanding value of the units or shares of the undertakings for collective investment in transferable securities or alternative investment funds governed by French law that they manage, multiplied by a rate set by decree which may not exceed 0.015 per thousand, but may not be less than 1,500 euros. Assets under management are calculated as at 31 December of the previous year;
g) For management companies that manage undertakings for collective investment in transferable securities or alternative investment funds and that are authorised to provide, on 1 January, at least one of the investment services mentioned in Article L. 321-1 on an unrestricted basis in France, the contribution is equal to an amount set by decree, greater than 5,000 euros and less than or equal to 40,000 euros. This amount is paid only once if the management company manages both undertakings for collective investment in transferable securities and alternative investment funds;
By way of derogation from the first paragraph of this g, for management companies authorised solely to provide the investment services mentioned in 1 and 5 of Article L. 321-1, the contribution is equal to an amount set by decree, greater than 3,000 euros and less than or equal to 12,000 euros;
h) For central depositories mentioned in 1° of I of Article L. 441-1, market undertakings and financial instrument clearing houses, the contribution is set at an amount equal to their operating income for the previous financial year, multiplied by a rate set by decree which may not exceed 0.9%;
i) For administrators of benchmark indices mentioned in Article 3(1)(6) of Regulation (EU) 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks for financial instruments and contracts or to measure the performance of investment funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) No 596/2014, where they are not subject to the payment of a contribution under any other provision of this Article, the contribution shall be equal to an amount set by decree, greater than EUR 400 and less than or equal to EUR 1,500 ;
j) For data communication service providers approved by the AMF, where they are not subject to the payment of a contribution under another provision of this Article, the contribution shall be equal to an amount set by decree, greater than 400 euros and less than or equal to 1,500 euros;
k) For financial investment advisers, the contribution is equal to an amount set by decree, greater than 400 euros and less than or equal to 1,000 euros;
l) For providers of equity crowdfunding services authorised in France pursuant to Article L. 547-1, the contribution due annually is equal to an amount set by decree, greater than €2,500 and less than or equal to €5,000;
m) For digital asset service providers registered in France under the conditions set out in Article L. 54-10-3, the contribution is equal to an amount set by decree, greater than 300 euros and less than or equal to 1,000 euros. This contribution is payable once only and must be paid within six months of the date of registration by the Autorité des marchés financiers ;
For digital asset service providers authorised in France under the conditions set out in Article L. 54-10-5, the contribution is equal to an amount set by decree, greater than €1,500 and less than or equal to €7,000. This annual contribution is paid within six months of the date of authorisation by the Autorité des marchés financiers in the first year, and by 30 June at the latest in subsequent years. Payment of this amount is equivalent to payment of the contribution linked to registration to provide at least one digital asset service mentioned in 1° and 2° of Article L. 54-10-2 when registration is applied for at the same time as authorisation.
II bis. – A contribution is introduced, payable on 1 January of each year, payable, above a market capitalisation threshold of one billion euros assessed on 1 January of the year of taxation, by French issuers whose equity securities are admitted on this date to trading on a regulated market of the European Economic Area and by foreign issuers whose equity securities are admitted on this date to trading on a French regulated market when this is the market on which the highest volume of securities is traded. The amount of this contribution, ranging from €20,000 to €460,000, is set on the basis of the issuer’s average market capitalisation as recorded on the last trading day of the previous three years or, where the issuer’s equity securities have been admitted to trading on a regulated market for less than three years, its market capitalisation as recorded on the last trading day of the previous year. The six brackets of the progressive scale of this contribution and the corresponding amounts are set by decree.
II ter. – An annual contribution is payable by investment services providers other than portfolio management companies that have their registered office in France and are authorised on 1 January to provide the investment service referred to in 3 of Article L. 321-1. The person liable for the contribution is the investment service provider, other than a portfolio management company, that prepares its accounts in consolidated form, or, failing that, the consolidated entity of the group authorised to provide the investment service referred to in the same point 3 that has its registered office in France and whose net banking income for the last financial year is the highest. This contribution is not payable by investment service providers other than portfolio management companies included in the consolidated scope of a company whose registered office is outside France.
The basis of assessment for this contribution is the fraction exceeding an amount of 1.5 billion euros of the basis of assessment mentioned in A of II of article L. 612-20. The rate, set by decree, is between 0.04 per thousand and 0.14 per thousand. This contribution is calculated on the basis of the capital requirements set out in the call for contributions referred to in 1° of V of Article L. 612-20. The Autorité de contrôle prudentiel et de résolution communicates this call to the Autorité des marchés financiers before 30 April. Before 31 May, the Autorité des marchés financiers shall notify the persons liable to pay the contribution of the amount due. The persons subject to the requirements make the corresponding payment by 31 July of each year at the latest. Challenges to the amount of capital requirements on which this contribution is based follow the rules applicable to challenges under 3° of V of Article L. 612-20. When, pursuant to VII of the same Article L. 612-20, the Autorité de contrôle prudentiel et de résolution revises the amount of the capital requirements of the person subject to this contribution, it shall send the Autorité des marchés financiers the corrected call for contribution together with the notice of receipt by the person subject to the contribution. When the amount of capital requirements is revised upwards, the resulting additional contribution is due on the date of receipt of the rectifying call for contribution. The additional contribution is paid to the Autorité des marchés financiers within two months of its due date. Where the amount of the capital requirement is revised downwards, the reporting entity may submit a written request to the Autorité des marchés financiers, within one month of receiving the rectifying call for contributions, for repayment of the corresponding amount. The refund will be made within one month of receipt of this letter.
III. – The decrees provided for in this article shall be issued after obtaining the opinion of the College of the Autorité des marchés financiers.