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Article D214-32-3 of the French Monetary and Financial Code

Pursuant to the second paragraph of II of Article L. 214-24-2, the marketing, with a passport, in a Member State of the European Union other than France, to professional clients, of units or shares of third-country AIFs or feeder AIFs which do not meet the conditions laid down in the first paragraph of II of Article L. 214-24-2 is subject to : 1° The existence of appropriate cooperation arrangements between…

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Article D214-32-4 of the French Monetary and Financial Code

Pursuant to the first paragraph of I of Article L. 214-24-2, the marketing with a passport in a Member State of the European Union other than France of units or shares of AIFs established in a third country by an authorised AIFM established in a third country for which France is the reference Member State is subject to : 1° Compliance by the AIFM with the legislative and regulatory provisions…

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Article D214-32-4-1 of the French Monetary and Financial Code

The AMF shall ensure that the notification file provided for in Article L. 214-24-2 is complete. It shall send the file to the competent authorities of the host Member State in which the units or shares of the AIF are to be marketed, no later than twenty working days after the date of receipt of the notification letter and all the documents making up the file.

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Article D214-32-4-1-1 of the French Monetary and Financial Code

I.-Pursuant toArticle L. 214-24-2-1, a portfolio management company may undertake pre-marketing activities in France or in another Member State of the European Union except where the information presented to potential professional clients is : a) Sufficient to enable investors to commit to subscribing to or acquiring units or shares of a given AIF; b) Equivalent to subscription forms or similar documents, whether in draft or definitive form; c) Equivalent to…

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Article D214-32-4-2 of the French Monetary and Financial Code

Pursuant to Article L. 214-24-7, the appointment of a depositary established in a third country is subject to : 1° The existence of arrangements for cooperation and exchange of information between the competent authorities of the Member States in which the units or shares of the third-country AIF are to be marketed, the competent authorities of the home Member State of the management company and the competent authorities of the…

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Article D214-32-5 of the French Monetary and Financial Code

The AIF’s annual report is published no later than six months after the end of the financial year. However, when the AIF publishes an annual financial report in accordance with I of article L. 451-1-2, this report is published no later than four months after the end of the financial year.

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Article D214-32-7 of the French Monetary and Financial Code

For the purpose of calculating the percentage of voting rights held by the AIF, account is taken, in addition to the voting rights held directly by the AIF, of the voting rights of an undertaking which it controls or those of a natural person or legal entity acting in its own name but on behalf of the AIF or on behalf of an undertaking which the AIF controls. The percentage…

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Article D214-32-7-1 of the French Monetary and Financial Code

The AIF or its management company shall notify the acquisition of control to : 1° the company concerned ; 2° To the shareholders of the company concerned whose identity and contact details are made available to the FIA or its management company, or may be communicated to it by the company concerned itself, or appear in a register to which the FIA or its management company may have access; 3°…

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