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Article L533-24-1 of the French Monetary and Financial Code

Investment services providers offering, recommending or marketing financial instruments: 1° Ensure that they understand the characteristics of these financial instruments and assess their compatibility with the needs of the clients to whom they provide investment services, in particular in relation to the defined target market; 2° Ensure that financial instruments are offered or recommended only in the interests of the client; 3° Review these financial instruments on a regular basis,…

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Article L533-24-1-1 of the French Monetary and Financial Code

Investment service providers other than portfolio management companies that design financial instruments for sale to clients and investment service providers that offer, recommend or market financial instruments are not subject to the obligations set out in Article L. 533-24 and 1° to 3° of Article L. 533-24-1 when the investment service they provide relates to bonds that do not incorporate a derivative other than a redemption clause with early redemption…

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Article L533-24-2 of the French Monetary and Financial Code

Sub-sections 2, 3 and 4 of this section do not apply to class 3 investment firms. Where a class 2 investment firm finds that it qualifies as a class 3 investment firm, subsections 2, 3 and 4 cease to apply to it at the end of a period of six months from the date on which the conditions for qualification as a class 3 investment firm are met. However, subsections…

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Article L533-25 of the French Monetary and Financial Code

I.-In an investment firm, the following persons must at all times be of sufficiently good repute and have the knowledge, skills and experience required to perform their duties: 1° Members of the Board of Directors, the Supervisory Board and the Management Board, the Chief Executive Officer and the Deputy Chief Executive Officers, as well as any other person or member of a body exercising equivalent functions; 2° Persons who effectively…

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Article L533-26 of the French Monetary and Financial Code

I. – The persons who effectively manage the business of the firm within the meaning of Article L. 532-2 .4 and the members of the board of directors, the supervisory board, the management board or any other body exercising equivalent functions within an investment firm must devote sufficient time to the performance of their duties. II – Where the investment firm is of significant importance by virtue of its size,…

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Article L533-27-1 of the French Monetary and Financial Code

Investment firms shall ensure that all loans granted to members of the board of directors, the supervisory board or any other body exercising equivalent supervisory functions or to their related parties are appropriately documented and made available to the Autorité de contrôle prudentiel et de résolution upon request. For the purposes of the previous paragraph, a related party may be : 1° A spouse, a partner linked by a civil…

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Article L533-29 of the French Monetary and Financial Code

Investment firms shall have: 1° Sound governance arrangements including, in particular, a clear organisation ensuring a well-defined, transparent and consistent division of responsibilities, effective procedures for identifying, managing, monitoring and reporting the risks to which they are or may be exposed, or the risks that they impose or may impose on others; 2° Adequate internal control arrangements, including sound administrative and accounting procedures; 3° Remuneration policies and practices enabling sound…

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