Article 411-138-1 into force since
- Version into force since
I. - In application of IV of Article L. 214-2-1 of the Monetary and Financial Code, the UCITS may withdraw the notification dossier filed with the AMF for the marketing of its units or shares in another State, including, where applicable, classes of units or shares. This withdrawal is subject to compliance with the following conditions:
a) A general repurchase or redemption offer shall be made, without fees or deductions, for all the units or shares of the UCITS held by investors in the host State; this offer shall be available to the public during at least thirty business days and shall be sent individually, directly or via financial intermediaries, to all the investors in said State whose identity is known;
b) The intention of terminating the planned procedure for marketing these units or shares in said State shall be published on a medium available to the public, including by electronic means, which is customary for the marketing of UCITS and suitable for a typical UCITS investor;
c) All contractual terms with financial intermediaries or delegatees shall be modified or terminated, effective from the date of withdrawal of the notification, in order to prevent any new or additional activity, direct or indirect, for an offer or placement of the units or shares identified in the notification mentioned in II.
The information mentioned in a) and b) describes clearly the consequences for investors if they do not accept the offer for repurchase or redemption of their units or shares.
The information mentioned in a) and b) shall be provided in the official language, or one of the official languages, of the State with regard to which the UCITS has performed notification in accordance with Article L. 214-2-1 of the Monetary and Financial Code or in a language accepted by the competent authorities of said State.
From the date mentioned in c), the UCITS shall cease any new or additional activity, direct or indirect, for an offering or placement of its units or shares for which notification has been withdrawn in said State.
II. - The UCITS shall submit to the AMF a notification containing the information mentioned in a), b) and c) of I.
III. - The AMF checks that the notification that the UCITS has submitted to it in accordance with II is complete. Within no more than 15 business days following receipt of the complete notification, the AMF forwards this notification to the competent authorities of the State identified in the notification mentioned in II, and to the European Securities and Markets Authority.
After having forwarded the notification in accordance with the above paragraph, the AMF immediately informs the UCITS of this.
IV. - The UCITS shall provide investors who retain an investment in the UCITS, as well as the AMF, with the information mentioned in Article L. 214-23-1 of the Monetary and Financial Code and in Article 411-138. For this purpose, the use of any electronic communication system or other remote communication system shall be authorised on condition that the information and the communication systems are available to investors in the official language, or one of the official languages, of the State in which those investors are located, or in a language accepted by the competent authorities of that State.
V. - The AMF forwards to the competent authorities of the State identified in the notification mentioned in II the information relating to any change in the documents mentioned in Article 411-136.
Head of publications: The Executive Director of AMF Communication Directorate. Contact: Communication Directorate – Autorité des marches financiers 17 place de la Bourse – 75082 Paris cedex 02