I. – Any portfolio management company whose registered office is located in mainland France, Guadeloupe, French Guiana, Martinique, La Réunion, Mayotte or Saint-Martin, wishes for the first time to manage a foreign UCITS authorised or to provide investment services in accordance with Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 under the freedom to provide services in another Member State of the European Union or another State party to the Agreement on the European Economic Area must notify the AMF of its plans, indicating the name of the State concerned and specifying the nature of the services it intends to provide.
For the management of foreign UCITS authorised in accordance with Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009, the notified project must also include a description of the risk management process implemented by the asset management company and a description of the procedures and methods for handling complaints.
At the request of the AMF, the portfolio management company shall provide any information on the terms and conditions under which it carries on its business under the freedom to provide services.
The notification of freedom to provide services provided for in the first paragraph may be sent by the portfolio management company concerned to the Autorité des marchés financiers at the same time as its application for authorisation.
II. – The Autorité des marchés financiers shall forward the declaration of freedom to provide services provided for in I of this article to the State concerned within one month of receiving it.
III. – When an asset management company wishes to manage one or more foreign UCITS authorised in accordance with Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009, the AMF shall attach to the documentation sent to the competent authorities of the host Member State of the asset management company, a statement confirming that the management company has been authorised in accordance with Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009, a description of the scope of the authorisation granted to the management company and details of any restrictions on the types of UCITS that the management company is authorised to manage.