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Article L613-33-1 of the French Monetary and Financial Code

When applying the provisions of Article L. 612-2 to members established outside France of a clearing house established in France, the Autorité de contrôle prudentiel et de résolution shall take into account the supervision exercised by the competent authorities of each State concerned and, to this end, may enter into a bilateral agreement with them, under the conditions set out in Article L. 632-13. For the purposes of exercising its…

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Article L613-33-2 of the French Monetary and Financial Code

I. – Without prejudice to the supervision exercised by the competent authorities of the home State, the Autorité de contrôle prudentiel et de résolution is responsible for monitoring compliance by the persons referred to in 1° of II of Article L. 522-13 acting under the freedom of establishment, of the provisions of Section 5 of Chapter II of Title I of Book I, of Chapter III of Title III of…

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Article L613-33-3 of the French Monetary and Financial Code

I. – Without prejudice to the supervision exercised by the competent authorities of the home State, the Autorité de contrôle prudentiel et de résolution is responsible for monitoring compliance by the persons referred to in I of Article L. 526-24 acting under the freedom of establishment, of the provisions of Section 12 of Chapter III of Title III of Book I relating to the terms and conditions for the redemption…

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Article L613-34 of the French Monetary and Financial Code

I. – The provisions of this section apply to the following persons: 1° The credit institutions defined in Article L. 511-1 and the central bodies mentioned in Article L. 511-30 ; 2° Investment firms within the meaning of Article L. 531-4 and branches of third country firms mentioned in Article L. 532-48, with the exception of those which exclusively provide one or more of the investment services mentioned in 1,…

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Article L613-34-1 of the French Monetary and Financial Code

In this Section and in Section 5 of this Chapter: 1° “Significant branch” means a branch of significant importance within the meaning of Article L. 613-32-1 ; 2° “Transnational group” means a group with entities established in more than one Member State of the European Union; 3° “EU State aid rules” means all the rules laid down by Articles 107, 108 and 109 of the Treaty on the Functioning of…

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Article L613-34-2 of the French Monetary and Financial Code

In carrying out the tasks referred to in 4° of II of Article L. 612-1, the college of supervisors and the college of resolution shall take into account the nature of the activities of the entity concerned, the composition of its shareholders, its legal form, its risk profile, its size, its legal status and its interconnection with other institutions or with the financial system in general, the scope and complexity…

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Article L613-34-3 of the French Monetary and Financial Code

For the purposes of this Section, where the college of supervisors or the college of resolution takes a decision or measure which may have an impact in one or more other Member States, the college shall take into account the interest of the other Member States in which significant parent undertakings, subsidiaries or branches are established, including the impact on the financial stability, budgetary resources and deposit guarantee or investor…

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Article L613-34-4 of the French Monetary and Financial Code

I. – Notwithstanding the provisions of Act 68-678 of 26 July 1968 relating to the disclosure of economic, commercial, industrial, financial or technical documents and information to foreign natural or legal persons, the collège de résolution and the collège de supervision may, in the performance of their task of preventing and resolving banking crises, exchange information covered by professional secrecy with the following persons or departments: 1° The Minister for…

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Article L613-34-5 of the French Monetary and Financial Code

The supervisory board or the resolution board may require the persons mentioned in I or II of Article L. 613-34 to keep detailed records of the financial contracts to which they are party. The collège de supervision or the collège de résolution shall set the deadlines by which the persons concerned must be able to produce these records.

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