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Article D214-32-7-12 of the French Monetary and Financial Code

The AIF or its management company: 1° Requests and ensures that the board of directors of the company concerned or its equivalent makes available to the representatives of the employees, or failing that, to the employees themselves, the information relating to the company concerned mentioned in 2° of Article D. 214-32-7-10, within the period mentioned in Article D. 214-32-5; or 2° Provides the AIF unitholders or shareholders with the information…

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Article D214-32-7-13 of the French Monetary and Financial Code

For a period of twenty-four months following the acquisition of control of the company by the AIF and for as long as the AIF holds control during this period, the AIF or its management company : 1° Is not authorised to facilitate, support or order the distribution, reduction of capital, repurchase of shares or acquisition of its own shares by the company, as defined in articles D. 214-32-7-14 and D….

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Article D214-32-7-14 of the French Monetary and Financial Code

The obligations imposed on the AIF or the management company by virtue of Article D. 214-32-7-13 relate to : 1° Any distribution made to shareholders where, at the closing date of the last financial year, the net asset value as defined in the annual accounts of the company concerned is, or would become as a result of such a distribution, less than the amount of the subscribed capital, plus any…

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Article D214-32-7-15 of the French Monetary and Financial Code

For the purposes of Article D. 214-32-7-14: 1° The term “distribution” includes in particular the payment of dividends and interest on shares; 2° The provisions relating to capital reductions do not apply to a reduction in subscribed capital the purpose of which is to neutralise losses incurred or to include sums of money in a non-distributable reserve provided that, on completion of this operation, the amount of the said reserve…

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Article R214-32-11 of the French Monetary and Financial Code

A SICAV’s General Meeting of shareholders is convened and shareholders are informed of proposed mergers or demergers in accordance with the same procedures as those set out respectively in articles R. 225-67 and R. 236-2 of the Commercial Code for companies whose financial securities are not admitted to trading on a regulated market or all of whose shares are in registered form. Articles R. 225-73 and R. 225-73-1 of the…

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Article D214-32-12 of the French Monetary and Financial Code

The former SICAV, which retains the assets whose disposal would not be in the interests of the shareholders pursuant to Article L. 214-24-33, and the new SICAV have the same portfolio management company, the same custodian and the same auditor. The new SICAV intended to receive assets other than those mentioned in the first paragraph is of the same type as the SICAV involved in the split. The portfolio management…

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