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Article L214-172 of the French Monetary and Financial Code

When receivables, other than financial instruments, are transferred to the financial institution, their recovery continues to be ensured by the transferor or by the entity that was responsible for them prior to their transfer under conditions defined either by an agreement with the institution’s management company, or by the deed from which the transferred receivables arise when the institution becomes a party to that deed as a result of the…

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Article L214-173 of the French Monetary and Financial Code

The management company of the fund and any entity responsible for the collection of sums due to or benefiting directly or indirectly the fund may agree that these sums will be credited to an account specifically allocated for the benefit of one or more funds or, where applicable, sub-funds, from which the creditors of the entity responsible for collection cannot pursue payment of their claims, even in the event of…

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Article L214-175 of the French Monetary and Financial Code

I. – The rules and regulations or the articles of association of the organisation shall stipulate the duration of the financial years, which may not exceed twelve months. However, the first financial year may be longer, but may not exceed eighteen months. II. – Separate accounts are kept for each of the organisation’s compartments within the organisation’s accounts. Within six weeks of the end of each half-year of the financial…

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Article L214-175-1 of the French Monetary and Financial Code

I. – Exposure to the risks referred to in I of Article L. 214-168 may result from the acquisition, subscription or holding of receivables or other assets referred to in III below, the granting of loans or the conclusion of contracts constituting forward financial instruments or transferring insurance risks, guarantees, sureties or risk or cash sub-participations. The financing or hedging of the risks referred to in I of Article L….

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Article L214-175-2 of the French Monetary and Financial Code

I. – A securitisation undertaking appoints a depositary having its registered office or a branch in France. This appointment is evidenced by a written contract. This contract contains in particular the information necessary to enable the depositary to fulfil its duties. The custodian is a credit institution established in a State party to the European Economic Area, or any other institution chosen from a list of entities drawn up by…

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Article L214-175-3 of the French Monetary and Financial Code

To avoid conflicts of interest between the depositary, the management company and, where applicable, the sponsor referred to in IV of Article L. 214-175-1, the securitisation undertaking and its unitholders, debt security holders or shareholders must comply with the following provisions: 1° The securitisation undertaking, its management company and, where applicable, the sponsor where the regulations or the articles of association of the undertaking so provide, shall not act as…

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Article L214-175-4 of the French Monetary and Financial Code

I. – In accordance with the conditions laid down in the general regulations of the Autorité des marchés financiers, the depositary : 1° ensures that all payments made by or on behalf of holders of units, shares or debt securities issued by the securitisation undertaking when subscribing for such units, debt securities or shares have been received and that all cash has been accounted for ; 2° Generally ensures that…

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Article L214-175-5 of the French Monetary and Financial Code

The custodian may not delegate to third parties the functions conferred upon it by I and III of Article L. 214-175-4. Under the conditions laid down by the General Regulations of the Autorité des Marchés Financiers, the custodian may delegate to third parties the asset safekeeping functions referred to in II of Article L. 214-175-4, with the exception of 2°. The transferor or the entity responsible for collecting the receivables…

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