For the purposes of Article L. 532-28, the expression “reference Member State of an AIFM established in a third country” means :
1° Where the AIFM intends to manage one or more European Union AIFs established in the same Member State, without marketing them in the European Union: the home Member State of the AIF or AIFs;
2° Where the AIFM intends to manage several European Union AIF established in different Member States without marketing them in the European Union: the Member State in which the majority of the AIF are established or the Member State in which the largest volume of assets is managed;
3° Where the AIFM intends to market an EU AIF in a Member State:
– the Member State in which the AIFM intends to market the AIF if it has not been authorised or registered in the European Union; or
– the home Member State of the AIF; or
– the Member State in which the AIFM intends to market the AIF if it has been authorised or registered in a Member State;
4° Where the AIFM intends to market a third-country AIF in a single Member State: that Member State;
5° Where the AIFM intends to market a European Union AIF in different Member States:
– the AIF’s home Member State or one of the Member States in which the AIFM intends to effectively market the AIF if the AIF is authorised or registered in a Member State; or
– one of the Member States in which the AIFM intends to develop effective marketing if the AIF is not authorised or registered in a Member State;
6° Where the AIFM intends to market a third-country AIF in different Member States: one of these Member States;
7° Where the AIFM intends to market several European Union AIFs:
– the home state of these AIFs or the state in which the AIFM intends to develop the actual marketing of most of these AIFs if they are authorised or registered in the same Member State; or
– the State in which the AIFM intends to develop the effective marketing of most of these AIF if they are not authorised or registered in the same Member State;
8° Where the AIFM intends to market several AIF from the European Union and third countries or several AIF from third countries in the European Union: the Member State in which it intends to develop the effective marketing of most of these AIF.
For the purposes of this sub-section, the reference to Member States and the European Union shall be understood to include the other States party to the Agreement on the European Economic Area.