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Subsection 1: Specific rules concerning third countries for the management of FIAs

Article R532-31 of the French Monetary and Financial Code

For the purposes of Article L. 532-28, the expression “reference Member State of an AIFM established in a third country” means : 1° Where the AIFM intends to manage one or more European Union AIFs established in the same Member State, without marketing them in the European Union: the home Member State of the AIF or AIFs; 2° Where the AIFM intends to manage several European Union AIF established in…

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Article R532-32 of the French Monetary and Financial Code

In the case provided for in Article L. 532-33, the Autorité des marchés financiers shall participate, with the competent authorities of the other possible reference Member States, in the joint procedure for designating, within one month, the reference Member State provided for in Article 37 of Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011. Where France is designated as the reference Member State, the…

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Article R532-34 of the French Monetary and Financial Code

I. – The period referred to in Article L. 532-9 is suspended while the European Securities and Markets Authority examines the notification provided for in Article L. 532-37. II. – Where the Autorité des marchés financiers proposes to grant authorisation against the opinion of the European Securities and Markets Authority, it shall inform the latter in a reasoned decision. III. – When the Autorité des marchés financiers proposes to grant…

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Article R532-35 of the French Monetary and Financial Code

Pursuant to Article V of Article L. 532-39, in the event of a difference of opinion between the Autorité des marchés financiers and the European Securities and Markets Authority : 1° The Autorité des marchés financiers shall inform the European Securities and Markets Authority in a reasoned decision ; 2° Where the AIFM markets units or shares of AIFs that it manages in Member States other than France, the AMF…

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