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Article R612-59 of the French Monetary and Financial Code

When the AMF intends to appoint an additional auditor pursuant to Article L. 612-43, it shall send the draft decision to the person subject to AMF supervision and to the auditors in office. The latter shall be invited to submit written observations within a period of not less than one month. The AMF’s letter shall be sent in the manner provided for in Article R. 612-9.

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Article R612-60 of the French Monetary and Financial Code

Where an application for disqualification submitted pursuant toArticle L. 823-6 of the Commercial Code concerns an auditor of a person subject to the supervision of the AMF to which the provisions of the first paragraph of Article L. 612-43 apply, the court shall rule in accordance with the conditions laid down inArticle R. 823-5 of the Commercial Code after consulting the chairman of the AMF.

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Article R612-61 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution may consult the relevant guarantee funds when it is considering taking any of the following decisions: 1° Withdrawal of authorisation, except where this is done as a sanction ; 2° Change of control of a person mentioned in I of Article L. 612-2; 3° Merger involving at least one person mentioned in I of Article L. 612-2; 4° Transfer of portfolios provided…

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Article R613-1-A of the French Monetary and Financial Code

I. – The Autorité de contrôle prudentiel et de résolution and the other competent authorities of a Member State of the European Union or of a State party to the Agreement on the European Economic Area shall have a period of four months from the transmission of the report provided for in the first paragraph of Article R. 613-3-3 to: 1° reach the joint decisions referred to in II of…

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Article R613-1-B of the French Monetary and Financial Code

I.-For the purposes of Articles L. 613-20-1 and L. 613-21-1, information is considered essential if it may have a significant impact on the assessment of the financial soundness of a credit institution, an investment firm or a financial institution in another Member State of the European Union or party to the Agreement on the European Economic Area. The essential information covers in particular the following elements: 1° Identification of the…

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Article R613-1-C of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution may refer a matter to the European Banking Authority in any of the following situations: 1° A request for cooperation, in particular for the exchange of relevant information, has been rejected by a competent authority of another Member State of the European Union or of another State party to the Agreement on the European Economic Area, or has not been acted upon…

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Article R613-1 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution shall chair and organise meetings of colleges of supervisors on the basis of the relevance of the supervisory activity to be planned or coordinated and, in particular, the potential impact on the stability of the financial system in the Member States concerned. When establishing a college of supervisors in accordance with Article L. 613-20-2, the Autorité de contrôle prudentiel et de résolution…

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Article R613-1-1 of the French Monetary and Financial Code

Prior to each meeting of a college of supervisors, the Autorité de contrôle prudentiel et de résolution shall inform all members of the college of supervisors of the organisation of the meeting, the main issues to be discussed and the activities to be examined. It shall inform all members of the measures taken or actions undertaken.

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Article R613-1-2 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution may invite the competent authority of a Member State of the European Union or of another State party to the Agreement on the European Economic Area responsible for the supervision of a branch of significant importance to become a member of the college of supervisors of the entity supervised by the Autorité de contrôle prudentiel et de résolution. The Autorité de contrôle…

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Article R613-2 of the French Monetary and Financial Code

Before inviting a supervisory authority from a third country to participate in one of the colleges of supervisors mentioned in Article L. 613-20-2, the Autorité de contrôle prudentiel et de résolution shall ensure that the other members of the college of supervisors consider that the confidentiality obligations incumbent on this authority pursuant to its national regulations are of an equivalent level to those imposed pursuant to Article L. 612-17 and…

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