Call Us + 33 1 84 88 31 00

Article L613-72 of the French Monetary and Financial Code

Where the resolution authority of another Member State of the European Union implements one or more resolution measures pursuant to Regulation (EU) 2021/23, the resolution college shall provide it with the cooperation required to ensure the effectiveness of such measures. Where such measures concern ownership interests, assets, rights, obligations or liabilities of the CCP subject to resolution proceedings which are located in France or governed by French law, such measures…

Read More »

Article L613-73 of the French Monetary and Financial Code

I.-The provisions of this article shall apply in cases where there is no agreement between the European Union and a non-EU Member State and in cases where an existing agreement does not deal with the recognition and enforcement of resolution procedures for CCPs in force in that State. II.-The resolution college of the Autorité de contrôle prudentiel et de résolution shall take a decision to recognise the resolution procedure of…

Read More »

Article L613-74 of the French Monetary and Financial Code

I.-Articles L. 211-36-1 to L. 211-38 do not prevent the application of measures imposed pursuant to Title V, Chapter III, Section 3 and Chapter IV of Regulation (EU) 2021/23. II – Articles L. 211-36-1 to L. 211-38 shall not prevent the application of measures imposed by the relevant national authorities of another Member State of the Union by virtue of the provisions mentioned in I.

Read More »

Article L613-76 of the French Monetary and Financial Code

I.-Articles L. 632-1 to L. 632-4 of the French Commercial Code are not applicable to measures decided or authorised by the resolution college pursuant to Title V of Regulation (EU) 2021/23. II.-Notwithstanding any provision or stipulation to the contrary, the general meeting of a clearing house may, by a two-thirds majority, issue a notice convening a general meeting or amend its articles of association in order to allow a general…

Read More »

Article L613-77 of the French Monetary and Financial Code

I.-Notwithstanding any provision or stipulation to the contrary, contributions within the meaning ofArticle 1843-3 of the French Civil Code and Book II of the French Commercial Code and capital increases, reductions or amortisations decided under Title V of Regulation (EU) 2021/23 are carried out ipso jure on the date set by the resolution college, without the need for any formality or being subject to any procedure, in particular the convening…

Read More »

Article L614-1 of the French Monetary and Financial Code

The Comité Consultatif du Secteur Financier is responsible for studying issues relating to relations between credit institutions, finance companies, electronic money institutions, payment institutions, investment firms, portfolio management companies and insurance companies on the one hand, and their respective customers on the other, and for proposing any appropriate measures in this area, in particular in the form of opinions or general recommendations. Matters may be referred to the Committee by…

Read More »

Article L614-2 of the French Monetary and Financial Code

The Comité Consultatif de la Législation et de la Réglementation Financières (CCLRF) is consulted by the Minister for the Economy on all draft laws, ordinances and proposed Community regulations and directives prior to their examination by the Council of the European Union, dealing with issues relating to the insurance sector, the banking sector, electronic money issuers, payment service providers and investment firms, with the exception of texts relating to the…

Read More »

Article L614-3 of the French Monetary and Financial Code

Employees who are members of the Comité consultatif du secteur financier or the Comité consultatif de la législation et de la réglementation financières have the necessary time to prepare for, attend and participate in meetings. This time is treated as actual work for the purposes of determining entitlement to social security benefits. The employees concerned must inform their employer when they are appointed and, for each meeting, as soon as…

Read More »

Article L615-1 of the French Monetary and Financial Code

The Minister for the Economy shall appoint a Government Commissioner to any central body mentioned in Article L. 511-30, credit institution or finance company where the State has entrusted them with public authority prerogatives or a public interest mission. A decree defines the terms of application of this article. In particular, it shall specify the conditions under which the Government Commissioner may oppose the decisions of the decision-making bodies of…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.