Subsection 3: Approval of AIFM established in a third country

I. – If the actual development of the AIFM’s operations in the European Union within two years of its authorisation indicates that the marketing strategy as presented at the time of authorisation has not been followed or that it has made false statements, or if it has failed to fulfil its obligations under Article L. 532-39, the AMF shall ask the AIFM to indicate its new reference Member State. If…

Any dispute arising between the Autorité des marchés financiers and the AIFM established in a third country of which France is the reference Member State shall be subject to the jurisdiction of the French courts. Any dispute between the AIFM established in a third country of which France is the reference Member State and unitholders or shareholders in the European Union of the AIF concerned shall be subject to the…

Where a competent authority of a third country fails to comply with a request for information exchange referred to in 2° of Article L. 532-29, the AMF may refer the matter to the European Securities and Markets Authority.

I. – 1. When an AIFM established in a third country and whose reference Member State is France intends to manage units or shares of AIFs established in another Member State of the European Union, either directly or by establishing a branch, the AMF shall verify that the AIFM is authorised to manage this type of AIF; 2. When the AIFM referred to in the first paragraph intends to manage…