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Article D214-240 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution shall issue the authorisation referred to in Article L. 214-189 within thirty days of notification of receipt of the application. If no decision has been notified by the AMF by the end of this period, this shall be deemed to be an authorisation decision. If the Authority requests additional information, it will notify the applicant in writing, specifying that the requested information…

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Article R214-240-1 of the French Monetary and Financial Code

The specialised financing body may grant the loans mentioned in the second paragraph of V of Article L. 214-190-1 under the conditions defined by Articles R. 214-203-1 to R. 214-203-9. For the purposes of these articles, the specialised financing body is treated in the same way as a specialised professional fund. The loan mentioned in article R. 214-203-6 does not concern the issue of debt securities.

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Article D214-240-2 of the French Monetary and Financial Code

(1) A specialised financing vehicle may issue negotiable debt securities and bonds or debt securities issued under foreign law. (2) The vehicle’s regulations or articles of association shall specify the characteristics and terms of issue of debt securities. (3) The liabilities of a specialised financing vehicle shall at all times include a minimum number of two units. 4 -The minimum amount of a unit on issue is 150 euros or…

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Article D214-240-3 of the French Monetary and Financial Code

The credit risk associated with the holding of units, shares or debt securities issued by a specialised financing vehicle is not subject to any subordination provided that the payment of interest and the repayment of principal to holders of debt securities depend on the performance of the assets held by the specialised financing vehicle and : a) either the amount of the units issued by the specialised financing vehicle does…

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Article D214-240-4 of the French Monetary and Financial Code

Under the conditions laid down in the fund’s regulations or articles of association, the units or shares issued by the specialised finance vehicle may give rise to requests for redemption by their holders or shareholders and the debt securities issued may give rise to requests for early redemption, on the basis of the net asset value of the vehicle calculated in accordance with Article L. 214-24-14. Where the undertaking may…

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Article D214-240-5 of the French Monetary and Financial Code

The extract from the articles of association of the specialised finance company referred to in Article L. 214-190-2 shall be filed with the Trade and Companies Register. It shall be signed by the members or shareholders and must contain: 1° The corporate name of the specialised finance company, its purpose and the address of its registered office; 2° The names of the corporate officers with general authority to bind the…

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Article D214-240-6 of the French Monetary and Financial Code

The former specialised finance company that retains the assets whose disposal would not be in the best interests of investors pursuant to Article L. 214-190-2-1 and the new specialised finance company have the same portfolio management company, the same asset custodian and the same statutory auditor. The portfolio management company shall immediately inform investors of the transfer of assets and send them a report justifying this decision and detailing the…

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Article D214-240-7 of the French Monetary and Financial Code

The former specialised finance fund, which retains the assets whose disposal would not be in the interests of investors pursuant to Article L. 214-190-3-1, and the new specialised finance fund have the same portfolio management company, the same asset custodian and the same auditor. The portfolio management company shall immediately inform investors of the transfer of assets and send them a report justifying this decision and detailing the terms and…

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Article D214-241 of the French Monetary and Financial Code

I. – The provisions of sub-section 1, except paragraph 1, of paragraphs 1 and 6 of sub-section 2 of section 2 or, where this “Other collective investment” is open to professional investors, of sub-paragraph 1 of paragraph 1 and sub-paragraph 1 of paragraph 2 of sub-section 3 of section 2 of this chapter, shall apply to the SICAVs mentioned in 1° of I of article L. 214-191. II. – The…

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