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Book IV - Collective investment products
Title II - AIFS
Chapter I - General provisions
Section 3 - Information
Sub-section 1 - Disclosure to investors
Article 421-34 from 01/12/2024

Article 421-34 into force since

  • Version into force since
ELI : /en/eli/fr/aai/amf/rg/article/421-34/20241201/notes

I. - The information referred to in an AMF Instruction is made available to investors before they subscribe units or shares in an AIF.

Any material changes to the information in this document are also made available to investors.

II. - The AIF or its portfolio asset management company, investment management company or manager shall inform investors before they invest in the AIF of any arrangement made by the depositary to contractually discharge itself of liability in accordance with III and IV of Article L. 214-24-10 of the Monetary and Financial Code. The AIF or its portfolio asset management company, investment management company or manager shall also inform the unit or shareholders without delay of any changes with respect to depositary liability.

III. - Where the AIF is required to publish a prospectus in accordance with Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003, only such information referred to in I and II which is in addition to that contained in the AIF’s prospectus need be disclosed separately or as additional information to the prospectus.

IV. - European Union AIFs and AIFs marketed in the European Union, or their portfolio asset management company, investment management company or manager, shall periodically disclose to unit or shareholders:

1° The percentage of the AIF's assets subject to special arrangements arising from their illiquid nature;

2° Any new arrangements for managing the liquidity of the AIF;

3° The current risk profile of the AIF and the risk management systems employed by the AIF or its portfolio asset management company, investment management company or manager to manage those risks.

V. - European Union AIFs and AIFs marketed in the European Union, employing leverage, or their portfolio asset management company, investment management company or manager, shall periodically, for each such AIF, disclose the following information:

  1. Any changes to the maximum level of leverage which the portfolio asset management company, management company or manager may employ on behalf of the AIF as well as any right of reuse of the AIF's assets given as collateral and any guarantee under the leveraging arrangements;

  2. The total amount of leverage employed by that AIF.