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Article L214-175-6 of the French Monetary and Financial Code

I. – The securitisation undertaking’s depositary is liable to the undertaking or to the unitholders, debt security holders or shareholders for the loss, by itself or by a third party to whom custody has been delegated, of financial instruments held in custody in accordance with II of Article L. 214-175-4. It shall not be held liable if it proves, under the conditions defined by the General Regulation of the Autorité…

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Article L214-176 of the French Monetary and Financial Code

A securitisation company is a securitisation undertaking constituted in the form of a public limited company (société anonyme) or a simplified joint stock company (société par actions simplifiée). The company indicates its status as a securitisation company on all deeds and documents intended for third parties.

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Article L214-177 of the French Monetary and Financial Code

When the articles of association of the securitisation company provide for the use of forward financial instruments to expose the company, or for the sale of receivables that are not due or for which the term has expired, the management company referred to in the first paragraph submits a specific programme of operations for approval by the Autorité des marchés financiers under the conditions set out in the general regulations…

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Article L214-179 of the French Monetary and Financial Code

I. – Where the securitisation company is incorporated as a société anonyme, notwithstanding Titles II and III of Book II of the French Commercial Code : 1° The ordinary general meeting may be held without a quorum being required; the same applies, on second call, to the extraordinary general meeting; 2° The same natural person may simultaneously hold five offices as managing director, member of the management board or sole…

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Article L214-180 of the French Monetary and Financial Code

The fonds commun de titrisation is a securitisation vehicle set up in the form of a co-ownership. The fund does not have legal personality. The provisions of the Civil Code relating to joint ownership and those of articles 1871 to 1873 of the Civil Code relating to joint ventures do not apply to securitisation funds. The minimum amount of a unit issued by a securitisation mutual fund is defined by…

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Article L214-181 of the French Monetary and Financial Code

The securitisation fund is set up at the initiative of the management company referred to in III of Article L. 214-168 or, where applicable, a sponsor referred to in IV of Article L. 214-175-1. Where the units or debt securities issued by the fund are admitted to trading on a regulated market or are offered to the public and a document is to be drawn up pursuant to Regulation (EU)…

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Article L214-182 of the French Monetary and Financial Code

The conditions under which the fund may issue new units after the initial issue of units are defined in its regulations. The Fund may issue negotiable debt securities and bonds or debt securities issued under foreign law. The conditions under which the fund issues debt securities are defined in its rules.

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Article L214-183 of the French Monetary and Financial Code

The management company of the securitisation fund represents the fund in dealings with third parties and in any legal proceedings. When the securitisation fund rules provide for the use of forward financial instruments to expose the fund, or the sale of receivables which are not due or for which the term has expired, the management company referred to in the first paragraph submits a specific programme of operations for approval…

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