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Regulatory framework
Can the payment notice be broken down by AIF?
The payment notice is broken down by asset management company and paying agent and cannot be broken down by AIF.
Can the payment notice be sent directly to the AIF?
The invoice cannot be sent directly to the AIF. The invoice is sent to the paying agent and forwarded to the AMF Asset Management Directorate by email to the following address: fixedfees [at] amf-france.org (fixedfees[at]amf-france[dot]org).
Could I receive a discount free of charge?
Article R621-19 of the Monetary and Financial Code formally prohibits the Autorité des Marchés Financiers from granting discounts of charge for the fixed fees and contributions referred in Article L.621-5-3 of the Monetary and Financial Code.
The only items for which the AMF is authorised to waive its right, if sincerity is demonstrated, are penalties for lateness due in the event of payment after 30 April.
Do I have to pay a fixed fee for one or more British AIFs?
Due to Brexit and the loss of their European passports, British AIFs are no longer authorised for marketing in France since 31 December 2020, so they are not concerned by the fixed annual fee.
However, any fees payable for the authorisation of British AIFs in preceding years which might not yet have been paid to the AMF must still be paid.
How can you know to what year a payment notice is related?
I already paid a fixed fee when submitting my application. Why must I pay another fixed fee?
In accordance with Article L.621-5-3 I 4° of the Monetary and Financial Code, two fixed fees are payable for the marketing in France of foreign AIFs:
- one when sending the application for marketing,
- and the other to be paid each year before 30 April provided that the AIF is still authorised for marketing on 1 January of the fixed fee campaign year.
The invoiced AIFs have not been authorised during a full calendar year. Could I obtain a payment notice the amount of which is prorated according to the number of months' authorisation of marketing?
The amount of the fixed marketing fee is fixed: as a consequence, no prorating is possible.
What is the date of the originating event?
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