Where a competent authority of a third country fails to comply with a request for information exchange referred to in 2° of Article L. 532-29, the AMF may refer the matter to the European Securities and Markets Authority.
I. – 1. When an AIFM established in a third country and whose reference Member State is France intends to manage units or shares of AIFs established in another Member State of the European Union, either directly or by establishing a branch, the AMF shall verify that the AIFM is authorised to manage this type of AIF; 2. When the AIFM referred to in the first paragraph intends to manage…
I. – The provisions of article L. 532-21-3 are applicable to AIFM established in third countries. II. – The provisions of Article L. 532-25-1 are applicable to portfolio management companies which manage AIFs in third countries.
Where the AMF is the competent authority of the home Member State of an AIFM established in a third country and considers that the AIFM is not complying with the rules falling within its remit, it shall immediately notify the European Securities and Markets Authority, stating its reasons.
The Autorité des marchés financiers may, at the request of the European Securities and Markets Authority: 1° Prohibit the marketing, in the European Union, of units or shares of AIFs managed by managers established in third countries or of third-country AIFs managed by managers established in the European Union without the authorisation required in Article L. 532-30 or without the notification referred to in Articles L. 214-24-1 and L. 214-24-2…
In its capacity as home authority of an asset management company, the Autorité des marchés financiers shall forward a copy of the relevant cooperation arrangements it has entered into in accordance with Articles L. 214-24-1 and L. 532-36 to the host Member States of the asset management company concerned. The Autorité des marchés financiers shall transmit the information it has received from the supervisory authorities of third countries in accordance…
In this section : 1° “Third-country firm” means a firm which, if its head office or registered office were situated in a Member State of the European Union, would be either a credit institution providing investment services or engaging in investment activities, or an investment firm; 2° “Home State” means the State in which the third-country firm has its registered office or, if, under its national law, it has no…
I.-A third-country firm establishes a branch in order to provide, in mainland France, Guadeloupe, French Guiana, Martinique, La Réunion, Mayotte or Saint-Martin, the investment services mentioned in Article L. 321-1 and, where applicable, the related services mentioned in Article L. 321-2, to : 1° Non-professional clients ; 2° Clients who have asked to be treated as professional clients; 3° Professional clients and eligible counterparties, in the absence of an equivalence…
A third-country company wishing to open a branch in mainland France, Guadeloupe, French Guiana, Martinique, La Réunion, Mayotte and Saint-Martin must submit an application for authorisation to the Autorité de contrôle prudentiel et de résolution, in accordance with the conditions laid down by decree.
I.-The Autorité de contrôle prudentiel et de résolution shall not grant authorisation to the branch of the applicant third-country undertaking unless the third-country undertaking to which the branch belongs undertakes to perform duties in respect of that branch equivalent to those assigned by Articles L. 533-29 to L. 533-31-5 to the board of directors, the supervisory board or any other body performing equivalent supervisory functions, and to the general meeting,…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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