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Title I: Banking services providers

Article R511-1 of the French Monetary and Financial Code

Members of staff of a credit institution or finance company who have been authorised to sign on behalf of the company may not hold any other job or perform any paid work outside the company without first informing the company’s management. This provision does not apply to the production of scientific, literary or artistic works.

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Article R511-2 of the French Monetary and Financial Code

Where they have been given authority to sign on behalf of a credit institution or finance company, members of the staff of that company may not, without the authorisation of the general management, perform administrative, management or executive duties in another credit institution, finance company, investment firm, portfolio management company or commercial company governed by Book II of the Commercial Code.

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Article R511-2-1-1 of the French Monetary and Financial Code

I. – The loans referred to in 3a of article L. 511-6 may be granted when the lending company or a member of its group, on the one hand, and the borrowing company or a member of its group, on the other hand, are economically linked in one or other of the following ways: 1° The two companies are members of the same economic interest grouping as referred to in…

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Article R511-2-1-2 of the French Monetary and Financial Code

A company may only grant a loan as referred to in 3a of article L. 511-6 if the following four conditions are met: 1° On the closing date of each of the two financial years preceding the date on which the loan is granted, the lending company’s equity exceeds the amount of the share capital and the gross operating surplus is positive; 2° The net cash position, defined as the…

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Article R511-2-1-3 of the French Monetary and Financial Code

The statutory auditor shall be notified annually of the outstanding loan agreements granted pursuant to 3 bis of article L. 511-6. In a statement attached to the management report, the statutory auditor shall certify, for each contract, the initial amount and outstanding capital of these loan contracts and compliance with the provisions governing them.

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Article R511-2-1 of the French Monetary and Financial Code

I. – The Autorité de contrôle prudentiel et de résolution or the European Central Bank, as the case may be, shall decide on an application for the authorisation provided for in Article L. 511-10 within six months of receipt. Where the application is incomplete, the AMF or the European Central Bank, as the case may be, shall take a decision within six months of receiving all the necessary information. However,…

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Article R511-2-2 of the French Monetary and Financial Code

When the Autorité de contrôle prudentiel et de résolution assesses the good repute of the persons mentioned in Article L. 511-51 in accordance with Articles L. 511-10 or R. 511-3-1, it consults the central database concerning administrative sanctions held by the European Banking Authority.

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Article R511-3 of the French Monetary and Financial Code

In the case of mutual and cooperative networks, the European Central Bank may, on a proposal from the Autorité de contrôle prudentiel et de résolution and after obtaining the opinion of the central body, grant collective authorisation to a regional or federal fund for itself and for the local funds affiliated to it or to the same regional federation as it, where the liquidity and solvency of the local funds…

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Article R511-3-1 of the French Monetary and Financial Code

Before attaching special conditions to an authorisation or transmitting to the European Central Bank a draft decision to grant an authorisation to acquire a holding or control or to grant an authorisation to a credit institution which is : 1° A subsidiary of an insurance undertaking, reinsurance undertaking, credit institution, portfolio management company or investment firm authorised in a Member State of the European Union or in another State party…

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Article R511-3-2 of the French Monetary and Financial Code

When assessing the notification provided for in I of Article L. 511-12-1, the Autorité de contrôle prudentiel et de résolution shall assess, for the purpose of ensuring that the credit institution or finance company targeted by the proposed acquisition has sound and prudent management and taking into account the likely influence of the proposed acquirer on the credit institution or finance company, the suitability of the proposed acquirer and the…

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