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Article L214-17-1 of the French Monetary and Financial Code

The net income of a UCITS comprises net income, realised capital gains and losses net of costs and net unrealised capital gains and losses. Net income is equal to the amount of interest, arrears, premiums and lots, dividends, remuneration provided for in article L. 225-45 of the Commercial Code and all other income relating to the securities in the portfolio, plus the proceeds of sums temporarily available and less the…

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Article L214-17-2 of the French Monetary and Financial Code

I. – The sums distributable by a UCITS are made up of : 1° Net income plus retained earnings plus or minus the balance of the income equalisation account; 2° Realised capital gains, net of costs, less realised capital losses, net of costs, recorded during the financial year, plus net capital gains of the same type recorded during previous financial years which have not been distributed or capitalised, less or…

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Article L214-18 of the French Monetary and Financial Code

When the AMF becomes aware of an infringement of the provisions of this Code committed by a statutory auditor of a management company or UCITS, or when it considers that the conditions of independence required for the proper performance of the statutory auditor’s duties are not met, the AMF may ask the competent court to relieve the statutory auditor of his duties in accordance with the procedures set out inArticle…

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Article L214-20 of the French Monetary and Financial Code

I. – Subject to the conditions and limits laid down by decree of the Conseil d’Etat, the assets of a UCITS include : 1° Financial securities within the meaning of 1 and 2 of II of Article L. 211-1, referred to as “eligible financial securities” ; 2° Money market instruments normally traded on a money market, which are liquid and whose value can be determined at any time; 3° Units…

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Article L214-22 of the French Monetary and Financial Code

I. – The articles of association or fund rules of a feeder UCITS stipulate that at least 85% of its assets must be invested in shares or units of a single master UCITS or sub-fund thereof. A feeder UCITS may invest up to 15% of its assets in the following: 1° Cash on an ancillary basis ; 2° Financial contracts referred to in 5° of I of Article L. 214-20,…

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Article L214-22-1 of the French Monetary and Financial Code

The feeder UCITS enters into an information exchange agreement with the master UCITS. This agreement may, however, be replaced by internal conduct of business rules when both funds are managed by the same management company. When the master UCITS temporarily suspends subscriptions or redemptions of its units or shares pursuant to Articles L. 214-7-4 or L. 214-8-7, the feeder UCITS may suspend subscriptions or redemptions of its own units or…

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Article L214-22-2 of the French Monetary and Financial Code

I. – Where the feeder UCITS and the master UCITS do not have the same depositary, the depositaries of each of these two bodies shall enter into an information exchange agreement in order to ensure the fulfilment of their respective obligations. The feeder UCITS shall provide its depositary with all necessary information concerning the master UCITS to enable the latter to fulfil its obligations. II. – The depositary of the…

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