The following are considered to be liquid within the meaning of IV of Article L. 214-165-1:
1° Transferable securities which are admitted to trading on a trading platform of a State party to the Agreement on the European Economic Area or on a trading platform of a third country recognised as equivalent;
2° Shares or units in UCITS and general-purpose investment funds covered by paragraph 1 of sub-section 2 of this section.
The mechanism guaranteeing the liquidity of securities not admitted to trading on a trading platform of a State party to the Agreement on the European Economic Area or on a third country trading platform recognised as equivalent, which is provided for in 1° of IV of Article L. 214-165-1, must offer liquidity at least equivalent to that which the fund would enjoy if it held at least one third of liquid securities. This mechanism must be the subject of a written contract appended to the fund rules, which specifies in particular the terms and conditions of its intervention and the fees which may, where applicable, be deducted from the fund’s assets.
It may be terminated at any time at the initiative of the portfolio management company or the Supervisory Board, provided that it is replaced by provisions of equivalent effect.
This mechanism is provided by a credit institution or insurance company whose registered office is located in a Member State of the European Union or in another State party to the Agreement on the European Economic Area.
It may also be provided by another entity under the conditions set by the general regulations of the Autorité des marchés financiers when the company’s capital is variable or when the company prepares consolidated accounts. In this case, approval of the mechanism is renewed each year by the fund’s supervisory board and by the Autorité des marchés financiers.