Regulatory AlertsImplementation of Reporting Obligations to the AMF under the AIFM Directive
The French Financial Markets Authority (AMF) issued Position DOC-2014-09 to implement ESMA guidelines regarding reporting obligations for Alternative Investment Fund Managers (AIFMs) under the AIFM Directive. The document specifies the information that portfolio management companies, managed legal persons, and self-managed French AIFs must report to the AMF, including the timing of declarations and procedures for transitioning between reporting requirements. This position relies on European Regulation 231/2013 and the Monetary and Financial Code, though it notes that updates regarding MiFID II transposition are pending.
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II - Investment Products II. 1 - Collective Investments II. 1.3. Specific Provisions for AIFs II. 1.3.1. Common Provisions
Doctrine AIFM
Implementation of Reporting Obligations to the AMF under the AIFM Directive
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Applicable as of June 26, 2018 Position DOC-2014-09
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Summary Position DOC-2014-09 incorporates the ESMA guidelines (2014/869/FR) regarding reporting obligations provided for by the AIFM Directive. It clarifies the information that portfolio management companies or legal persons - provided they manage an AIF - and self-managed French AIFs must communicate to the AMF, the time at which they must make this declaration, as well as the procedures to follow when transitioning from one reporting obligation to another.
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Reference texts
Article 110 of European Regulation 231/2013
Article L214-24 III 3° of the Monetary and Financial Code
Article L214-24-20 of the Monetary and Financial Code
Article 421-36 I of the General Regulation
Article 321-167 of the General Regulation
Tables 8, 9 and 10 of Annex II of Position DOC-2014-09
Guidelines on reporting obligations pursuant to Article 3, paragraph 3, point d and Article 24, paragraphs 1, 2 and 4 of the AIFM Directive (ESMA/2014/869/FR)
Questions and answers from the European Commission regarding the AIFM Directive
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Position DOC-2014-09 incorporates the ESMA guidelines (2014/869/FR) regarding reporting obligations provided for by the AIFM Directive. It clarifies the information that portfolio management companies or legal persons - provided they manage an AIF - and self-managed French AIFs must communicate to the AMF, the time at which they must make this declaration, as well as the procedures to follow when transitioning from one reporting obligation to another. This document has not been updated regarding texts transposing MiFID 2 and/or separating the legal regime of investment firms and portfolio management companies. This update will be carried out shortly.
Download the doctrine
Reference texts
Article 110 of European Regulation 231/2013
Article L. 214-24 III 3° of the Monetary and Financial Code
Article L. 214-24-20 of the Monetary and Financial Code
Article 311-1 B of the General Regulation
Article 421-36 I of the General Regulation
Tables 8, 9 and 10 of Annex II of Position DOC-2014-09
Guidelines on reporting obligations pursuant to Article 3, paragraph 3, point d and Article 24, paragraphs 1, 2 and 4 of the AIFM Directive (ESMA/2014/869/FR)
Questions and answers from the European Commission regarding the AIFM Directive
Legal notices: Publisher: The Director of the Communication Department of the AMF. Contact: Communication Department, Autorité des marchés financiers - 17, place de la Bourse - 75082 Paris Cedex 02