Suggested considerations
- Conduct gap analysis of operational procedures for investments/divestments, ensuring lender authorization checks (reference AMF Position-Recommendation DOC-2020-05 on portfolio management).
- Review AML/CTF due diligence frameworks for fund assets/liabilities, aligning with AMF Regulation 2016-01.
- Audit retrocession practices to distributors, documenting service quality enhancements (per AMF doctrine on inducements).
- Update marketing materials and advisory processes for compliance with honesty/fairness standards.
- Enhance senior manager attestations and training on personal liability under CMF L.621-15-1.
What changed
- This is an enforcement decision, not a regulatory change introducing new rules. It reinforces existing AMF requirements under professional obligations, including:
- Implementation of operational procedures for investment/divestment processes, such as verifying lender authorizations.
- Systematic anti-money laundering (AML) and counter-terrorism financing (CTF) due diligence on fund assets and liabilities.
- Justification of retrocessions (rebates) to distributors, proving enhanced client service quality.
- Honest, fair, and diligent business conduct with requisite skill and care, extending to marketing materials and advisory services.
No new requirements; emphasis on enforcement of MiFID II-aligned...
Compliance impact
Urgency: High – This signals intensified AMF enforcement on professional obligations in 2025 (multiple similar fines: €1.3M, €1.89M, €0.5M, €2.5M implied, €0.305M, €3.5M), with personal bans and multimillion fines. Matters due to director accountability trends, potential for follow-on audits, and educational role of Enforcement Committee decisions in clarifying regulations—non-compliance risks reputational damage and capital outflows.