Article L214-184 of the French Monetary and Financial Code
November 8, 2023
Unitholders are only liable for the debts of the fund and, where applicable, of the sub-fund, up to the issue value of the units.
Unitholders are only liable for the debts of the fund and, where applicable, of the sub-fund, up to the issue value of the units.
The board of directors, the manager or the management board of the management company appoints the fund’s auditor. The auditor shall report any irregularities or inaccuracies that he detects in the performance of his duties to the management company’s directors and to the Autorité des marchés financiers. The fund’s unitholders exercise the rights conferred on shareholders by articles L. 225-231 and L. 823-6 of the French Commercial Code.
The Management Company shall liquidate the Fund or one of its sub-funds in accordance with the conditions set out in the Fund Regulations.
This paragraph applies to securitisation undertakings or compartments of securitisation undertakings which bear insurance risks by entering into one or more contracts transferring these risks with an insurance or reinsurance undertaking or a securitisation undertaking covered by this paragraph or a foreign securitisation vehicle referred to in Article L. 310-1-2 of the French Insurance Code.
A decree shall determine the conditions under which an undertaking or, where applicable, a sub-fund covered by this paragraph shall enter into contracts transferring the insurance risks referred to in article L. 214-187 and the nature of the insurance risks covered by these contracts. Undertakings or sub-funds covered by this paragraph may sell or unwind contracts transferring the insurance risks mentioned in article L. 214-187 under conditions and within limits…
The creation of a securitisation undertaking or a compartment of a securitisation undertaking covered by this paragraph or the conversion of an existing undertaking or compartment into a securitisation undertaking covered by this paragraph is subject to authorisation by the Autorité de contrôle prudentiel et de résolution. In order to grant authorisation, the Autorité de contrôle prudentiel et de résolution verifies that : 1° The articles of association or by-laws…
In order to carry out its duties and within the limits of those duties, in particular those entrusted to it by Article L. 214-189, the Autorité de contrôle prudentiel et de résolution may conduct documentary and on-site investigations of the management company of a securitisation undertaking covered by this sub-section. It may request the management company of the securitisation undertaking to provide all the information and documents referred to in…
I. – The assets referred to in II of article L. 214-168 are financial instruments, receivables or any other asset within the meaning of article L. 214-154, or risk or cash sub-participations. Direct or indirect investment in one or more of the assets referred to in II of Article L. 214-168 may result from the issue of units, shares or debt securities, from the conclusion of contracts constituting forward financial…
A société de financement spécialisé is a specialised finance company incorporated as a société anonyme or a société par actions simplifiée. The company shall indicate its status as a specialised finance company on all deeds and documents intended for third parties. Articles L. 214-177 to L. 214-179 apply to specialised finance companies. For the preparation of their annual accounts, specialised finance companies are not subject to articles L. 123-12 to…
The repurchase by the specialised finance company of its own shares or debt securities or the issue of new shares or debt securities may be temporarily suspended by the Board of Directors, the Management Board or the company’s senior managers, when exceptional circumstances so require and if the interests of investors or the public so dictate, in accordance with the conditions laid down in the company’s articles of association. In…
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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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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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