CHAPTER IX

COMPETENT AUTHORITIES
SECTION 1

Designation, powers and redress procedures

Powers of competent authorities
Article 46
1
Competent authorities shall be given all supervisory and investigatory powers that are necessary for the exercise of their functions. Such powers shall be exercised in any of the following ways:
a
directly;
b
in collaboration with other authorities;
c
under their responsibility by delegation to entities to which tasks have been delegated;
d
by application to the competent judicial authorities.
2
The competent authorities shall have the power to:
a
have access to any document in any form and to receive a copy of it;
b
require information from any person related to the activities of the AIFM or the AIF and if necessary to summon and question a person with a view to obtaining information;
c
carry out on-site inspections with or without prior announcements;
d
require existing telephone and existing data traffic records;
e
require the cessation of any practice that is contrary to the provisions adopted in the implementation of this Directive;
f
request the freezing or the sequestration of assets;
g
request the temporary prohibition of professional activity;
h
require authorised AIFM, depositaries or auditors to provide information;
i
adopt any type of measure to ensure that AIFMs or depositaries continue to comply with the requirements of this Directive applicable to them;
j
require the suspension of the issue, repurchase or redemption of units in the interest of the unit-holders or of the public;
k
withdraw the authorisation granted to an AIFM or a depositary;
l
refer matters for criminal prosecution;
m
request that auditors or experts carry out verifications or investigations.
3
Where the competent authority of the Member State of reference considers that an authorised non-EU AIFM is in breach of its obligations under this Directive, it shall notify ESMA, setting out full reasons as soon as possible.
4
Member States shall ensure that the competent authorities have the powers necessary to take all measures required in order to ensure the orderly functioning of markets in those cases where the activity of one or more AIFs in the market for a financial instrument could jeopardise the orderly functioning of that market.