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Article L214-24-21 of the French Monetary and Financial Code

I. – This paragraph applies, subject to the conditions laid down in Article 6 of Directive 2002/14/EC of 11 March 2002: 1° To one or more AIFs managed by the same management company which, either separately or jointly pursuant to an agreement entered into for that purpose, acquire control of a company or issuer referred to in Article L. 214-24-23; 2° AIFs or their management companies cooperating with one or…

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Article L214-24-22 of the French Monetary and Financial Code

When the AIF acquires, disposes of or holds shares in a company whose registered office is located in a Member State of the European Union and whose shares are not admitted to trading on a regulated market in a Member State of the European Union, the FIA or its management company notifies the Autorité des marchés financiers, within a period set by decree, of the proportion of the company’s voting…

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Article L214-24-23 of the French Monetary and Financial Code

A decree shall set the conditions under which the AIFs or their management companies mentioned in I of Article L. 214-24-1 acquire control : 1° Of a company whose registered office is established in a Member State of the European Union and whose shares are not admitted to trading on a regulated market in a Member State of the European Union. By way of derogation from Article L. 233-3 of…

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Article L214-24-24 of the French Monetary and Financial Code

The formation, conversion or liquidation of a general-purpose investment fund or a subfund of a general-purpose investment fund is subject to authorisation by the Autorité des marchés financiers. The Autorité des marchés financiers may withdraw its authorisation from any general-purpose investment fund or sub-fund of a general-purpose investment fund.

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Article L214-24-25 of the French Monetary and Financial Code

General-purpose investment funds take the form either of open-ended investment companies known as “SICAVs”, or of unit trusts. General-purpose investment funds may comprise different classes of units or shares under conditions set by the fund rules or the SICAV’s articles of association, in accordance with the general regulations of the Autorité des marchés financiers.

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Article L214-24-26 of the French Monetary and Financial Code

I. – A general-purpose investment fund may have one or more sub-funds if its articles of association or fund rules so provide. Each sub-fund shall give rise to the issue of a class of units or shares representing the assets of the general-purpose investment fund allocated to it. Notwithstanding article 2285 of the French Civil Code and unless otherwise stipulated in the articles of association or fund rules, the assets…

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Article L214-24-27 of the French Monetary and Financial Code

Creditors whose title derives from the safekeeping or management of the assets of a general-purpose investment fund shall have an action only in respect of those assets. Creditors of the depositary may not pursue payment of their claims against the assets of a general-purpose investment fund held by it.

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Article L214-24-29 of the French Monetary and Financial Code

The SICAV is a public limited company (société anonyme) or a simplified joint-stock company (société par actions simplifiée), other than a simplified joint-stock company (société par actions simplifiée) established by a single person and whose articles of association expressly prohibit multiple members, whose sole purpose is the management of a portfolio of financial instruments and deposits. The registered office and central administration of the SICAV are located in France. Subject…

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