The AMF Enforcement Committee fined UK asset manager H2O AM LLP โฌ75 million and its executives Bruno Crastes (โฌ15 million, plus a 5-year ban) and Vincent Chailley (โฌ3 million) for breaches in managing French UCITS funds, including ineligible Tennor Group investments, liquidity risks, valuation failures, and non-compliance with investment ratios and counterparty limits. This matters as it underscores AMF's strict enforcement on UCITS eligibility, risk management, and prospectus adherence, with cross-border implications confirmed by the Conseil d'รtat's dismissal of appeals on 13 June 2025. It signals heightened scrutiny on illiquid, unrated assets and "buy & sell back" transactions for EU asset managers.
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What Changed
This is an enforcement decision, not new rules, but it reinforces existing UCITS requirements under French Monetary and Financial Code and AMF regulations:
UCITS investments must exclude illiquid, unrated securities outside prospectus scopes; liquidity risks must be properly assessed to ensure redemption capabilities.
Debt holdings per issuer capped at 10%; counterparty exposure (e.g., 5% limit) must include all relevant transactions like buy & sell backs.
Reliable valuation information required
What You Need To Do
- Review portfolios
- Enhance due diligence
- Strengthen governance
- Depositary checks
- Training/remediation
Key Dates
30 December 2022 - AMF Enforcement Committee decision SAN-2023-01 imposing fines and sanctions.
7 August 2023 - Conseil d'รtat rejects preliminary constitutionality question.
13 June 2025 - Conseil d'รtat dismisses appeals (n. 471548, 471744), upholding sanctions and ordering โฌ3,000 costs to AMF.
June 2025 .
Compliance Impact
Urgency: High - Finalized enforcement (June 2025) with massive fines (โฌ93M total) and bans demonstrates AMF's willingness to pursue personal/executive liability for UCITS breaches, especially cross-border. Matters for firms with illiquid strategies, as it amplifies post-2020 liquidity crisis lessons