I.-Application for approval of a system referred to in 2°, 3° or 4° of I of Article L. 330-1 shall be made in writing and by any means that can be relied upon to provide a date certain to the Minister responsible for the economy. It must be accompanied by documents proving that the system meets the conditions of articles L. 330-1 and L. 330-2.
The documents that must be provided by the system manager in support of its application for approval include:
a) The operating rules, framework agreement or standard agreement governing the system;
b) The list of direct participants in the system;
c) A detailed explanation of why the entity meets the conditions for approval. In the case of the systems referred to in 2° and 3° of I of Article L. 330-1, this justification shall be accompanied by a legal opinion issued by a qualified law firm independent of the system operator, certifying without substantial reservation that the level of regulatory security is equivalent to that of systems governed by French law. Systems notified to the European Securities and Markets Authority, in accordance with Article 10 of European Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998, as amended, on settlement finality in payment and securities settlement systems, before the date of withdrawal from the European Union of the Member State whose law governs them, are deemed to have met the condition of providing this legal opinion, subject to Article D. 330-5.
The Minister responsible for the economy may request any additional information required to examine the application.
II – The Minister sends the approval file to the Banque de France for an advisory opinion within five working days from the date of receipt of the complete file.
The Banque de France gives its opinion within thirty days of the Minister sending the approval application.
The Minister’s decision is notified to the system operator by registered post with acknowledgement of receipt or by any other means likely to provide a date certain.