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Title II: Investment services and services related to investment services

Article L321-1 of the French Monetary and Financial Code

Investment services relate to the financial instruments listed in Article L. 211-1 and the units referred to in Article L. 229-7 of the Environmental Code and include the following services and activities: 1. Receipt and transmission of orders on behalf of third parties; 2. Execution of orders on behalf of third parties; 3. Trading on own account; 4. Portfolio management on behalf of third parties; 5. Investment advice; 6-1. Underwriting…

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Article L321-2 of the French Monetary and Financial Code

Services related to investment services include: 1. Custody account-keeping of financial instruments on behalf of third parties and ancillary services such as the keeping of cash accounts corresponding to those financial instruments or the management of financial collateral, and excluding the provision of the centralised account-keeping service within the meaning of Section A of the Annex to Regulation (EU) No 909/2014 on improving securities settlement in the European Union and…

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Article L322-1 of the French Monetary and Financial Code

Investment services providers, other than portfolio management companies, authorised in France, intermediaries authorised by the Autorité de contrôle prudentiel et de résolution for clearing, administration or custody of financial instruments, and market undertakings authorised to provide the investment services referred to in Articles 8 and 9 of Article L. 321-1, shall adhere to a securities guarantee mechanism. The purpose of this mechanism is to compensate investors in the event that…

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Article L322-2 of the French Monetary and Financial Code

Subject to the provisions below, the Deposit Guarantee and Resolution Fund manages the securities guarantee mechanism. Where applicable, articles L. 312-5 to L. 312-15, 3°, 4°, 5°, 7° and 9° of article L. 312-16 and article L. 312-18 apply to this mechanism, in particular to its financing. For the application of the first paragraph of Article L. 312-5, the securities guarantee mechanism shall be implemented at the request of the…

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Article L322-3 of the French Monetary and Financial Code

An order of the Minister responsible for the economy, issued with the assent of the Autorité des marchés financiers, determines the maximum amount of compensation per investor, the procedures and deadlines for compensation and the rules relating to customer information. The Autorité de contrôle prudentiel et de résolution, in conjunction with the Autorité des marchés financiers, shall determine the formula for apportioning the annual contributions payable by the institutions referred…

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Article L322-4 of the French Monetary and Financial Code

Two members representing members of the securities guarantee scheme that are not credit institutions participate with voting rights in the Supervisory Board of the Deposit Guarantee and Resolution Fund, except when the latter takes decisions concerning the deposit guarantee and surety guarantee schemes. The two representatives mentioned in the previous paragraph are subject to the disqualifications set out in article L. 500-1.

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Article L322-5 of the French Monetary and Financial Code

The portfolio management companies referred to in Article L. 532-9, which provide the investment services referred to in Article L. 321-1 or register the units or shares of the undertakings for collective investment they manage in registered form, adhere to a guarantee mechanism separate from that referred to in Article L. 322-1. The purpose of this mechanism is to compensate investors in the event of unavailability of financial instruments or…

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Article L322-6 of the French Monetary and Financial Code

Subject to the provisions of Articles L. 322-7 to L. 322-10, the Deposit Guarantee and Resolution Fund manages the investor guarantee mechanism instituted by Article L. 322-5. Articles L. 312-5, L. 312-6, L. 312-8, L. 312-8-1, L. 312-9 to L. 312-15, 3°, 4°, 5°, 7° and 9° of Article L. 312-16 and Article L. 312-18 apply to this mechanism. For the application of these articles, the Autorité des marchés financiers…

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