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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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Article D532-36 of the French Monetary and Financial Code

The application for authorisation referred to in Article L. 532-49 shall include : 1° The name of the authority responsible for supervising the third-country undertaking in its home country. If several authorities are responsible for supervision, their respective areas of competence are specified; 2° The following information: a) Concerning the third-country undertaking : i) its name, its legal form, the address of its registered office or, failing that, the address…

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Article D532-37 of the French Monetary and Financial Code

I. – On receipt of an application for authorisation as referred to in Article L. 532-49, the Autorité de contrôle prudentiel et de résolution shall check that it is complete and, if so, shall proceed to examine it. The procedure set out in II, III and IV of Article R. 532-3 applies. II. – The Autorité de contrôle prudentiel et de résolution is informed in advance of any proposed changes…

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Article D532-39 of the French Monetary and Financial Code

I. – Where, pursuant to paragraph 3 of Article 47 of Regulation (EU) No 600/2014 of 15 May 2014, a branch authorised in France of a third-country firm benefiting from an equivalence decision provided for in Article 47 of Regulation (EU) No 600/2014 of 15 May 2014 wishes to provide investment services in another Member State of the European Union or party to the Agreement on the European Economic Area…

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Article D532-40 of the French Monetary and Financial Code

A company from a third country within the meaning of 1° of Article L. 532-47 of this Code is not required to establish a branch in France if, without providing any other investment service mentioned in Article L. 321-1 in France, it enters into transactions on its own account in financial instruments or in units mentioned inArticle L. 229-7 of the Environment Code in one of the following situations: 1°…

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