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Offer your services as an intermediary in miscellaneous assets
20 February 2020

Offer your services as an intermediary in miscellaneous assets

Do you wish to offer your services as an intermediary in miscellaneous assets? The AMF oversees the regulation of intermediaries in miscellaneous assets. Below are the relevant regulatory guidelines, the application procedure and your contacts at the AMF.

What does “intermediary in miscellaneous assets” mean?

The term “intermediaries in miscellaneous assets” refers all persons who:

  • Directly or indirectly, by means of advertising or direct marketing, regularly invite third parties to subscribe to life annuities or to acquire title to movable or immovable property where the acquirers do not perform the management thereof themselves or where the contract offers a buy-back or exchange option with revaluation of the capital invested
  • Collect funds to that end
  • Are responsible for the management of such property

The Monetary and Financial Code also defines as an intermediary in miscellaneous assets, whoever invites one or more existing or potential clients to acquire title to one or more assets by emphasising the possibility of a direct or indirect financial return, or having a similar economic effect.

The rules relating to intermediation in miscellaneous assets do not apply to offers concerning:

  • Bank transactions
  • Financial instruments and shares
  • Transactions governed by the Insurance Code, the Mutual Insurance Code and the Social Security Code
  • The acquisition of title to housing property and commercial or professional premises or land intended for the construction of such housing or premises

The regulation in brief

The framework applicable to intermediaries in miscellaneous assets is governed in particular by Articles L. 551-1 et seq. of the Monetary and Financial Code. Articles 441-1 et seq. of the AMF General Regulation as well as AMF instruction (DOC-2017-06) provide further details.

Find out more

Submitting your application file

Intermediaries must submit an application file to the AMF before any advertising or marketing of transactions involving miscellaneous assets.

The documents required for the application are listed in AMF instruction DOC-2017-06. This file includes a document that will provide the public with any useful information to the public about the proposed transaction, the person who initiated it and the manager.

The file must be sent by email to biensdivers [at] amf-france.org

The AMF will have two months as from the submission of the complete file, to make any observations.

Do not hesitate to contact us to present your project before you submit your file. This will enable us to discuss any areas of complexity beforehand and then to ensure that your file is processed in the best possible way.

Filing fee to pay to the AMF

When you file your draft information document and standard contract in order to obtain a registration number, you will have to pay a tax amounting to €8,000 (Articles L. 621-5-3 and D.621-27 of the Monetary and Financial Code).

This filing fee must be paid directly to the AMF, no later than 30 days after the date on which the marketing communications and direct marketing are authorised by the AMF.

Find out more in the Guide to fees and contributions to be paid to the AMF.

 

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