The delegation to a third party of the custody of the assets of the UCITS referred to in II of article L. 214-10-5 does not exonerate the depositary from its liability.
The liability of the custodian referred to in article L. 214-11 may not be excluded or limited contractually. Any agreement to the contrary shall be null and void.
The depositary may be held liable to the unit-holders or shareholders of the UCITS directly, or indirectly through the management company or the SICAV, to the extent of the loss suffered and subject to compliance with the principle of equal treatment of unit-holders or shareholders.
The Autorité des marchés financiers and the Autorité de contrôle prudentiel et de résolution may obtain from the depositary, on simple request, all information obtained in the performance of its duties necessary for the performance of their respective tasks. If the UCITS or the management company is authorised by an authority other than that of the depositary, the Autorité des marchés financiers and the Autorité de contrôle prudentiel et de…
Without prejudice to the provisions of Title III of Book II of the French Commercial Code, the conditions of liquidation and the methods of asset distribution are determined by the UCITS rules or articles of association. The management company acts as liquidator; failing this, the liquidator is appointed by the courts at the request of any interested party. However, notwithstanding the same provisions of the French Commercial Code, if the…
Under the conditions defined by the General Regulation of the Autorité des marchés financiers, responsibility for centralising subscription and redemption orders for UCITS units or shares vis-à-vis third parties is entrusted by the UCITS or, where applicable, the portfolio management company representing it, either to the said organisation, or to the depositary, or to a portfolio management company, or to another investment services provider authorised to provide one of the…
Statutory auditors are required to report as soon as possible to the Autorité des marchés financiers any fact or decision concerning the UCITS of which they have become aware in the course of their duties, which is likely to: 1° constitutes a breach of the legal or regulatory provisions applicable to this undertaking and is likely to have a material effect on its financial position, results or assets and liabilities;…
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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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