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Article L532-51 of the French Monetary and Financial Code

The provisions of this section shall not apply where investment or investment-related services are provided by a third-country firm at the sole initiative of the client. Without prejudice to intra-group relationships, where a third-country firm, including through an entity acting on its behalf or having close links with that firm or any other person acting on behalf of that entity, approaches clients or potential clients, those services shall not be…

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Article L532-52 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution may withdraw the authorisation of a branch of a non-EU undertaking at its request. It may also be decided ex officio by the Autorité if the branch no longer fulfils the conditions or undertakings to which its authorisation or a subsequent authorisation was subject, if the branch has not made use of its authorisation within a period of twelve months, if it…

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Article L533-2 of the French Monetary and Financial Code

Investment service providers other than asset management companies shall have sound administrative procedures, internal control mechanisms, effective risk assessment techniques, effective control and safeguard arrangements for their IT systems and risk mitigation techniques for OTC derivative contracts not cleared by a central counterparty compliant with Article 11 of Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and…

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Article L533-2-2 of the French Monetary and Financial Code

Class 2 investment firms shall have in place sound, effective and comprehensive arrangements, strategies and processes for assessing and maintaining, on an ongoing basis, the amount, type and distribution of internal capital and liquid assets which they consider appropriate to cover the nature and level of risks which they may impose on other entities and to which they are or may be exposed. The systems, strategies and processes referred to…

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Article L533-2-3 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution shall assess and monitor, taking into account the size, risk profile and business model of the investment firm, the systems, strategies and procedures implemented by Class 2 investment firms to comply with Regulation (EU) 2019/2033 and to identify, measure and manage the risks to which they are or may be exposed, as defined in Article L. 533-2-2. The Authority shall also assess…

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Article L533-4 of the French Monetary and Financial Code

Where the parent undertaking of an investment service provider other than a portfolio management company is a credit institution, an investment firm, a financial holding company, a mixed financial holding company or an investment holding company which has its registered office in a State which is neither a Member State of the European Union nor a party to the Agreement on the European Economic Area, the Autorité de contrôle prudentiel…

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