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Article L214-132 of the French Monetary and Financial Code

When their nominal amount is less than the threshold mentioned in article L. 214-130, the units or shares issued by the SICAF or a closed-end investment fund established under foreign law may not be marketed except to qualified investors mentioned in article L. 411-2, paragraph 1. However, when a non-French resident subscribes for or acquires shares in a SICAF in the course of marketing abroad, the investors to whom the…

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Article L214-133 of the French Monetary and Financial Code

Notwithstanding the provisions of Titles II and III of Book II and Title II of Book VIII of the French Commercial Code : 1° The shares are fully paid up as soon as they are issued; 2° Any contribution in kind is assessed under the responsibility of the Statutory Auditor; 3° Ordinary General Meetings may be held without a quorum being required. The same applies to Extraordinary General Meetings on…

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Article L214-135 of the French Monetary and Financial Code

The Articles of Association of the SICAF determine the duration of the accounting periods, which may not exceed twelve months. However, the first financial year may be for a different period but may not exceed eighteen months. Within six weeks of the end of each half-year, the SICAF shall draw up an inventory of its assets under the supervision of the Custodian. Within eight weeks of the end of each…

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Article L214-137 of the French Monetary and Financial Code

Articles L. 22-10-62, the first paragraph of Article L. 225-210 and Articles L. 225-211 and L. 22-10-64 of the French Commercial Code do not apply to SICAFs covered by this sub-paragraph. A SICAF covered by this sub-paragraph is authorised to buy back its shares, without obtaining the authorisation of the General Meeting, up to a limit of 10% of its capital per year. However, this limit is increased to 25%…

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Article L214-138 of the French Monetary and Financial Code

When the units or shares of a closed-end investment fund established under foreign law are admitted to trading on a financial instruments market referred to in Article L. 421-1 or a multilateral trading facility referred to in Article L. 424-1, the units or shares of a closed-end investment fund established under foreign law are admitted to trading, the market undertaking or system operator shall verify that the fund is subject…

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Article L214-141 of the French Monetary and Financial Code

The general regulations of the Autorité des marchés financiers shall set the conditions for the subscription, sale and redemption of units or shares issued by such funds. By way of derogation from the third paragraph of Article L. 214-24-29 and the first paragraph of Article L. 214-24-34, the regulations or articles of association of the fund of hedge funds may stipulate that the redemption of units or shares may be…

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