Subsection 4: Operating rules

A merger, split or absorption involving a UCITS or a sub-fund is subject to approval by the Autorité des marchés financiers.

By way of derogation from the provisions of Article L. 214-15, when, in the course of a merger, a foreign UCITS approved in accordance with Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 is absorbed by a French UCITS covered by this section, the merger is not subject to approval by the Autorité des marchés financiers but is subject to disclosure to it under…

The Articles of Association of a SICAV and the regulations of a fonds commun de placement set 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, draw…

The net income of a UCITS comprises 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 the…

I. – The sums distributable by a UCITS are made up of : 1° Net income plus retained earnings plus or minus the balance of the income equalisation account; 2° Realised capital gains, net of costs, less realised capital losses, net of costs, recorded during the financial year, plus net capital gains of the same type recorded during previous financial years which have not been distributed or capitalised, less or…

Notwithstanding the provisions of the first paragraph of Article L. 123-22 of the Commercial Code, the accounts of a UCITS may be kept in any currency, in accordance with the procedures laid down by decree.

When the AMF becomes aware of an infringement of the provisions of this Code committed by a statutory auditor of a management company or UCITS, or when it considers that the conditions of independence required for the proper performance of the statutory auditor’s duties are not met, the AMF may ask the competent court to relieve the statutory auditor of his duties in accordance with the procedures set out inArticle…

UCITS must provide the Banque de France with the information required to compile monetary statistics.