Paragraph 1: Common provisions

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Article D744-9

French Monetary and Financial CodeIn force

Updated 5 Nov 2023

For the application in the Wallis and Futuna Islands of the last paragraph of II of Article L. 214-24, the portfolio management company must :
a) Identify all the AIFs that have delegated management of the capital raised to it globally;
b) Identify the portfolio of assets of each AIF managed and determine the corresponding value of the assets managed, including assets acquired through leverage, by applying the French valuation rules and/or those provided for in the AIF's regulations or instruments of incorporation;
c) Sum the values of the assets under management determined for all the AIFs under management and compare the total amount of assets under management thus obtained with the applicable threshold set out in IV of Article L. 532-9.
UCITS for which the portfolio management company acts as management company are not included in the calculation.
AIFs managed by the portfolio management company for which it has delegated functions under the terms of the General Regulations of the Autorité des marchés financiers are included in the calculation. On the other hand, portfolios of AIFs that the portfolio management company manages by delegation are excluded from the calculation.
For the purposes of calculating the total value of assets under management, each derivative position, including any derivative embedded in transferable securities, is converted into its equivalent position in the underlying asset of that derivative by applying the conversion methods referred to in Article 10 of Commission Delegated Regulation (EU) 231/2013 of 19 December 2012. The absolute value of this equivalent position is then used to calculate the total value of the assets under management.
Where an AIF invests in other AIFs managed by the same portfolio management company, this investment may be excluded from the calculation of the portfolio management company's assets under management.
When a sub-fund within an internally or externally managed AIF invests in another sub-fund of the same AIF, this investment may be excluded from the calculation of the assets under management of the portfolio management company.
The total value of the assets under management is calculated in accordance with III of article L. 214-24 at least once a year and on the basis of the most recent asset values available. The most recent asset value available for each AIF is established over the 12 months preceding the date on which the threshold is calculated in accordance with the first sentence of this paragraph. The portfolio management company shall set a date for calculating the threshold and shall apply it consistently. Any subsequent change in the date chosen must be justified to the AMF. When choosing the date for calculating the threshold, the portfolio management company shall take into account the time at which and the frequency with which the assets under management are valued.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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