In the absence of a joint decision by the supervisory authority on a consolidated basis, the Autorité de contrôle prudentiel et de résolution shall take a decision, on an individual or sub-consolidated basis within the meaning of 49 of paragraph 1 of Article 4 of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013, on 1°, 2° or 3° of II of Article…
In the absence of a joint decision by the supervisory authority on a consolidated basis, the Autorité de contrôle prudentiel et de résolution may, within a period set by decree in the Conseil d’Etat, refer to the European Banking Authority any decision, taken on an individual or sub-consolidated basis by another competent authority within the meaning of Article 4(1)(40) of Regulation (EU) No 575/2013 of the European Parliament and of…
The Autorité de contrôle prudentiel et de résolution may, when acting as the authority responsible for the supervision of a subsidiary of an undertaking which has its head office in another Member State of the European Union or in another State party to the Agreement on the European Economic Area, delegate its responsibility for the supervision of the subsidiary in question to the competent authorities within the meaning of Article…
Where an authority of another Member State of the European Union or party to the Agreement on the European Economic Area responsible for the prudential supervision on a consolidated basis of a group consults the Autorité de contrôle prudentiel et de résolution with a view to reaching a joint decision on an application for approval or exemption from approval of a financial holding company or a mixed financial holding company…
I. – When the Autorité de contrôle prudentiel et de résolution is consulted by the authority of another Member State of the European Union or party to the Agreement on the European Economic Area, responsible for the supervision on a consolidated basis of a group which is considering taking measures against the parent undertaking of the group equivalent to those provided for in Articles L. 511-41-5 or L. 612-34-1, the…
A decree of the Conseil d’Etat shall specify the conditions of application of this sub-section.
When a credit institution, finance company, electronic money institution, payment institution or one of the persons mentioned in 2° of A of I of Article L. 612-2 has been struck off or banned from activity, as appropriate, or when a company is unlawfully carrying out the activity defined in Article L. 311-1, II of Article L. 314-1 and Article L. 511-1 or breaches one of the prohibitions defined in Article…
Where a provisional administrator or liquidator has been appointed for a credit institution in accordance with Articles L. 612-34 and L. 613-24, the Autorité de contrôle prudentiel et de résolution may, after obtaining the opinion of the guarantee fund requested under Article L. 312-5, refer the matter to the court so that, where it considers that this is in the interests of depositors, it may order the sale of the…
Notwithstanding the provisions of article L. 631-1 of the French Commercial Code, credit institutions or finance companies that are unable to ensure their payments, immediately or in the near future, are declared to be in suspension of payments. Notwithstanding the same provisions, a central body referred to in article L. 511-30 or one of its affiliates is declared to be in suspension of payments if, after implementation of the measures…
Safeguard, receivership and compulsory liquidation proceedings instituted by Title II of Book VI of the Commercial Code may not be opened in respect of a credit institution, finance company, electronic money institution, payment institution, investment firm, financial holding company, investment holding company, mixed financial holding company or mixed holding company referred to in 4° to 6° of I of Article L. 613-34 only after receiving the assent of the Autorité…
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75001, Paris France
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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