In carrying out the duties referred to in 4° of II of Article L. 612-1 of the Monetary and Financial Code and performed for the insurance sector, the supervisory board and the resolution board of the Autorité de contrôle prudentiel et de résolution shall take into account, in particular, the nature of the activities and risk profile of the person concerned, its legal form, the complexity of its activities and,…
A decree in the Conseil d’Etat shall specify the conditions of application of this section.
I.-The following are subject to the obligation to draw up and maintain a preventive recovery plan: 1° The persons referred to in Article L. 311-1, whose total assets, assessed in accordance with the provisions of Title V of Book III, have exceeded a threshold set by order of the Minister for the Economy at least once in the last three financial years; 2° The persons referred to in Article L….
The supervisory board examines individual and group preventive recovery plans after an adversarial procedure. If the board considers that a plan has significant shortcomings, it notifies the person who submitted the plan of its decision and invites him to submit, within a period of two months, extendable by one month, an amended plan to remedy these shortcomings. If the College considers that the plan submitted to it at the end…
A decree of the Conseil d’Etat shall specify the conditions for the application of this section, in particular the procedures for the examination of plans by the supervisory board and the exemption of their presentation by the same board.
I.-The collège de résolution shall draw up individual or group preventive resolution plans only for persons required to draw up a preventive recovery plan pursuant to the provisions of I of Article L. 311-5. It draws up these plans after receiving the opinion of the supervisory board. These plans provide for the resolution measures likely to be implemented, in application of section 6, when the conditions for triggering a resolution…
The resolution college shall notify the supervisory college of the plans it has drawn up or updated pursuant to Article L. 311-8. The resolution college shall communicate, as the case may be, to the person referred to in I of Article L. 311-8 or to the parent undertaking of that person a summary of the main measures provided for by the plan applicable to them and which may not be…
A decree in the Conseil d’Etat shall specify the conditions of application of this section.
When individual or group preventive resolution plans are drawn up and each time they are updated, the College of Resolution assesses the extent to which the persons concerned may either be subject to collective proceedings in accordance with the procedures set out in Articles L. 310-25 and L. 310-25-1 as well as Chapter VI of Title II of Book III of this Code, Articles L. 212-15 to L. 212-16 of…
I.-When, at the end of the assessment provided for in Article L. 311-11, the resolution college finds that there are significant obstacles to a person mentioned in Article L. 311-5 being subject either to collective proceedings or to resolution measures under the conditions mentioned in that same article, it shall notify the person concerned of this finding and inform the supervisory college. II – Within four months of this notification,…
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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