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Article L214-24-41 of the French Monetary and Financial Code

The redemption by the fund of its units and the issue of new units may be temporarily suspended by the management company when exceptional circumstances so require and if the interests of the unitholders or the public so dictate, under conditions laid down in the fund regulations. In the same circumstances, where the disposal of certain assets would not be in the interests of the unitholders, the other assets may…

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Article L214-24-43 of the French Monetary and Financial Code

The management company is required to make the declarations stipulated in articles L. 225-126 and L. 233-7 of the French Commercial Code, for all shares held by the mutual funds it manages. Articles L. 225-126, II and III and articles L. 233-14 and L. 247-2 of the French Commercial Code are applicable. When the management company complies with the notification obligation mentioned in article L. 214-24-22, it is not bound…

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Article L214-24-44 of the French Monetary and Financial Code

General purpose investment funds and their management companies shall act independently and solely in the interests of their unitholders or shareholders. They must offer sufficient guarantees with regard to their organisation, their technical and financial resources, and the good repute and experience of their managers.

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Article L214-24-45 of the French Monetary and Financial Code

Without prejudice to the provisions of Title III of Book II of the French Commercial Code, the conditions of liquidation and the methods of asset distribution are determined by the fund rules or the articles of association of the general purpose investment fund. The management company shall act as liquidator; failing this, the liquidator shall be appointed by the courts at the request of any interested party. However, notwithstanding the…

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Article L214-24-46 of the French Monetary and Financial Code

Under the conditions defined by the general regulations of the Autorité des marchés financiers, responsibility vis-à-vis third parties for centralising subscription and redemption orders for units or shares of general-purpose investment funds is entrusted by the general-purpose investment fund or, where applicable, by the portfolio management company representing it, either to the investment fund, to the depositary, to a management company or to an investment services provider authorised to provide…

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Article L214-24-47 of the French Monetary and Financial Code

The statutory auditor is required to report as soon as possible to the Autorité des marchés financiers any fact or decision concerning the general-purpose investment fund of which he has become aware in the course of his duties, which is likely to: 1° constitutes a breach of the legal or regulatory provisions applicable to the general-purpose investment fund and is likely to have a material impact on its financial position,…

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Article L214-24-49 of the French Monetary and Financial Code

The Articles of Association of a SICAV or the regulations of a fonds commun de placement shall determine the duration of the accounting periods, which may not exceed twelve months. However, the first financial year may extend over any period not exceeding eighteen months. Within six weeks of the end of each half-year of the financial year, the SICAV and the management company, for each of the funds it manages,…

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Article L214-24-50 of the French Monetary and Financial Code

The income of a general-purpose investment fund includes 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…

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