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Article L54-10-2 of the French Monetary and Financial Code

Digital asset services include the following services: 1° The service of holding digital assets on behalf of third parties or access to digital assets, where applicable in the form of private cryptographic keys, with a view to holding, storing and transferring digital assets; 2° The service of buying or selling digital assets in legal tender; 3° The service of exchanging digital assets for other digital assets; 4° The operation of…

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Article L54-10-3 of the French Monetary and Financial Code

Before carrying on business, providers of the services referred to in 1° to 4° of Article L. 54-10-2 established in France or providing such services in France, shall be registered by the Autorité des marchés financiers, which shall check whether: 1° The persons who effectively manage the service provider are of sufficiently good repute and are competent to perform their duties; 2° The natural persons who either hold, directly or…

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Article L54-10-4 of the French Monetary and Financial Code

Any person who has not been registered with the Autorité des marchés financiers may not provide the services referred to in 1° to 4° of Article L. 54-10-2. Any person who is not registered as a provider of the services referred to in 1° and 4° above is prohibited from using a name, company name, advertising or any other process that gives the impression that it is registered as such…

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Article L54-10-5 of the French Monetary and Financial Code

I.-In order to provide one or more of the services referred to in Article L. 54-10-2 on a regular professional basis, service providers established in France may apply for authorisation from the Autorité des marchés financiers, under conditions laid down by decree. Approved service providers must at all times have: 1° Professional indemnity insurance or own funds, the level of which is set by the General Regulation of the Autorité…

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Article L551-1 of the French Monetary and Financial Code

I. – An intermediary in various goods is 1° Any person who, directly or indirectly, by means of promotional communication or canvassing, offers on a regular basis to one or more clients or potential clients to subscribe to life annuities or to acquire rights over movable or immovable property where the purchasers do not manage the property themselves or where the contract offers them the option of repossession or exchange…

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Article L551-2 of the French Monetary and Financial Code

Only joint stock companies may, in connection with the transactions referred to in article L. 551-1, receive sums corresponding to subscriptions by purchasers or payments of the proceeds of their investments. These companies must provide proof, prior to any advertising or canvassing, that they have fully paid-up capital in an amount at least equal to that required by article L. 224-2 of the French Commercial Code.

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Article L551-3 of the French Monetary and Financial Code

Prior to any promotional communication or canvassing, a document must be drawn up, in accordance with the conditions laid down by decree, to provide the public with all relevant information about the proposed transaction, the person who initiated it and the manager. Where the customer or potential customer has not received the disclosure document prior to entering into the contract, or where the terms of the contract do not comply…

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Article L551-4 of the French Monetary and Financial Code

At the end of each financial year, in addition to drawing up its own accounts, the manager shall draw up an inventory of the assets under its management and a statement of the sums collected during the financial year on behalf of the rights holders. It draws up a report on its activities and on the management of its assets. It draws up the balance sheet, profit and loss account…

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Article L551-5 of the French Monetary and Financial Code

The statutory auditor shall be appointed for a period of six financial years at the request of the manager by a court decision taken after obtaining the opinion of the Autorité des marchés financiers. The provisions of article L. 823-3-1 of the Commercial Code are applicable to intermediaries in miscellaneous goods covered by the provisions of III of article L. 820-1 of the same code. In the event of misconduct…

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Article L552-1 of the French Monetary and Financial Code

Any issuer making a public offer of tokens and applying for approval from the Autorité des marchés financiers under the conditions set out in Articles L. 552-4 to L. 552-7 shall be subject to the obligations of this chapter. The provisions of this chapter apply to any offer of tokens that is not governed by Books I to IV, Chapter VIII of Title IV of this Book or Chapter I…

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