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26 November 2012

General Regulation of the AMF - Book IV - Collective investment products


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The provisions of the Chapter apply to all collective investment schemes governed by of Book II, Title I, Chapter IV, Section 1, Sub-section 1 of the Monetary and Financial Code, as well as to their management companies and depositaries.


SICAVs

The articles of incorporation of a SICAV are signed by the first shareholders in person, or by a specially empowered agent. The said articles stipulate the names of the first shareholders and the amounts paid in by each of them, and, where applicable, the names of the first directors or the names of the members of the executive board and the  supervisory board, as well as the names of the first statutory auditor and, where applicable, the substitute auditor,  named in accordance with the conditions stipulated in Article L. 214-7-2 of the Monetary and Financial Code.

The AMF notifies the SICAV whether its authorisation has been granted or refused within one month of the filing of the application. If the AMF does not respond for one month following the acknowledgement of receipt of the application, authorisation is deemed to be granted.

If the AMF asks for further information that requires the management company to submit a supplementary information sheet, the AMF serves written notice stipulating that it shall receive the items requested within sixty days. If it fails to receive the said items within this period, the authorisation application is deemed to be rejected. The AMF issues a written acknowledgement of receipt when it has received all the information requested. The acknowledgement of receipt stipulates a new authorisation period, which cannot be longer than the one referred to in the previous paragraph.

If the comparable SICAV or the reference CIS do not comply with the requirements referred to in this Article, the AMF notifies the applicant, stipulating  that the supplementary information required to compile an authorisation application under the procedures described in I shall be received within sixty days. If it fails to receive all of the supplementary information within this period, the authorisation application is deemed to be rejected. When all of the supplementary information has been received, the AMF issues a written acknowledgement of receipt and examines the authorisation application for the SICAV under the conditions and procedures referred to in I. The acknowledgement of receipt stipulates a new authorisation period of one month or less.

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© AMF - Autorité des Marchés Financiers


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