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The AMF has postponed the effective date of the authorisation withdrawal of the asset management company Nestadio Capital

AI Analysis

Executive Summary

The Autorité des Marchés Financiers (AMF) postponed the effective date of the authorization withdrawal for Nestadio Capital, a portfolio asset management company, to allow time for fund transfers or liquidation following repeated non-compliance with authorization terms. This matters for compliance professionals as it illustrates AMF's enforcement approach to regulatory breaches in asset management, emphasizing orderly wind-downs to protect investors while signaling risks of judicial intervention if issues persist. The case culminated in judicial liquidation by 2022, highlighting long-term consequences for non-compliant firms. #

What Changed

- Initial authorization withdrawal decided on 17 December 2019 due to Nestadio Capital's failure to comply with authorization terms, including capital requirements, with original effective date at the latest 1 July 2020 (or upon fund transfer/liquidation). - Multiple postponements: 9 June 2020 and 8 December 2020 extended to 30 June 2021; 8 June 2021 further extended to 31 December 2021 to facilitate fund sales and liquidation. - 7 December 2021 postponement tied withdrawal effect to full fund liquidation or judicial liquidation closure, triggered by commercial court judgment on 17 December 2021 opening judicial liquidation without activity continuation. - AMF appointed an administrator (Nathalie Baudry) initially, later a provisional administrator, and requested court appointment of PMR P

What You Need To Do

  • For Nestadio Capital (historical)
  • For investors
  • For industry peers
  • AMF referrals to courts underscore need for firms to self-report issues early to avoid escalation

Key Dates

17 December 2019 - AMF Board decides authorization withdrawal.
1 July 2020 - Original latest effective date for withdrawal (or fund transfer/liquidation).
9 June 2020 & **8 December 2020** - Postponements to **30 June 2021**.
8 June 2021 - Postponement to **31 December 2021** for fund sales/liquidation.
4 October 2021 - Conseil d'Etat rejects Nestadio's appeal.
7 December 2021 - Postponement tied to fund liquidation or judicial closure.

Compliance Impact

Urgency: low - This is a resolved 2019-2022 enforcement case with no ongoing deadlines or new rules as of 2026; Nestadio is in judicial liquidation. It matters as a precedent for AMF's phased withdrawal process, protecting investors via extensions and liquidators, but warns asset managers of severe outcomes for breaches like capital shortfalls—review governance and capital monitoring to mitigate s

Who is Affected

Nestadio CapitalFund holders/investorscapital.fr/) and liquidator’s site (https://www.pmrpartners.com/fonds-nestadio/).Potential transfereesBroader industry

Summary

Asset management The AMF has postponed the effective date of the authorisation withdrawal of the asset management company Nestadio Capital

Relevant Firm Types

Asset Manager
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