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Article L532-9 of the French Monetary and Financial Code

I. – Portfolio management companies are legal entities which manage one or more : 1° UCITS ; 2° FIA ; 3° UCITS governed by foreign law and approved in accordance with Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 ; 4° FIA governed by foreign law and subject to Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011; 5°…

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Article L532-9-1 of the French Monetary and Financial Code

I. – Changes in the ownership structure of a portfolio management company must be notified to the Autorité des marchés financiers. The acquisition or extension of direct or indirect shareholdings in a portfolio management company must be authorised by the Autorité des marchés financiers. When the AMF is notified of a direct or indirect reduction or disposal of a holding, it shall verify that the transaction does not call into…

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Article L532-9-2 of the French Monetary and Financial Code

Without prejudice to the provisions of Article L. 229-4 of the Commercial Code, the Autorité des marchés financiers also has the power to oppose, in accordance with the provisions of Article 8(14) and Article 19 of Council Regulation (EC) No. 2157/2001 of 8 October 2001 on the Statute for a European Company (SE), the transfer of the registered office of an asset management company incorporated as a European Company registered…

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Article L532-9-3 of the French Monetary and Financial Code

Without prejudice to the provisions of Article 26-6 of Law No 47-1775 of 10 September 1947 on the Statute for a Cooperative Society, the Autorité des marchés financiers is competent to oppose, in accordance with paragraph 14 of Article 7 and Article 21 of Council Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society (SCE), the transfer of the registered office of an…

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Article L532-10 of the French Monetary and Financial Code

The AMF may withdraw the authorisation of a portfolio management company at the company’s request. It may also be decided by the AMF on its own initiative if the company no longer fulfils the conditions or undertakings to which its authorisation or a subsequent authorisation was subject, or if the company has not made use of its authorisation within a period of twelve months, or if it has not been…

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Article L532-11 of the French Monetary and Financial Code

Any portfolio management company which has decided to dissolve early before the end of this period remains subject, until the end of its liquidation, to the supervision of the Autorité des marchés financiers, which may impose the sanctions provided for in article L. 621-15, including deregistration. It may only refer to its status as a portfolio management company by stating that it is in liquidation. Notwithstanding the provisions of 4°…

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Article L532-12 of the French Monetary and Financial Code

A portfolio management company may be struck off the list of approved portfolio management companies as a sanction by the Autorité des marchés financiers. Deregistration entails the liquidation of the legal entity if it has its registered office in France. In the case of branches of companies having their registered office outside the European Economic Area, this deregistration entails the liquidation of the branch’s balance sheet and off-balance sheet items….

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