I. – A specialised professional fund granting loans is managed by :
1° A portfolio management company referred to in Article L. 532-9, authorised to manage FIAs and subject to the legislative and regulatory provisions of paragraphs 1 to 5 of Subsection 1 of Section 2 of Chapter IV of Title 1 of Book II, and with a programme of operations that includes the business of granting loans ;
2° A management company with its registered office in a European Union Member State other than France, authorised in accordance with Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 and authorised by its competent authority to manage AIFs that grant loans, provided that this company is subject to the same conditions as those applicable to portfolio management companies with their registered office in France.
II. – The management companies referred to in I:
1° Have a system for analysing and measuring credit risks ;
2° Have an up-to-date knowledge process for borrowers;
3° Inform borrowers of the essential characteristics of the loan or loans offered and the consequences that these loans may have on their financial situation, particularly in the event of default;
4° Have a credit risk selection procedure that takes account of borrowers’ financial situation and ability to repay;
5° Carry out a legal analysis of the conditions under which loans are granted, in order to ensure that the loans granted comply with all the obligations applicable locally to lenders, and take the necessary operational risk management measures;
6° Comply with the obligations set out in the first paragraph of Article L. 561-2, including in respect of the loans they grant;
7° Carry out a legal analysis of the existence and validity of guarantees or securities when granting loans.
The General Regulation of the Autorité des marchés financiers specifies the characteristics that must be verified by the risk analysis and measurement system.