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Article L531-12 of the French Monetary and Financial Code

I. – Any member of a board of directors or, as the case may be, of a supervisory board and any person who in any capacity participates in the direction or management of an investment firm or portfolio management company or who is employed by the latter is bound by professional secrecy. Apart from cases where the law so provides, professional secrecy may not be invoked against the Autorité de…

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Article L532-1 of the French Monetary and Financial Code

I. – In order to provide investment services, investment services providers other than portfolio management companies must obtain authorisation. This authorisation is issued by the Autorité de contrôle prudentiel et de résolution. It is not required for the sole purpose of providing one or more of the services mentioned in article L. 321-2. Before authorisation is granted, investment services providers other than portfolio management companies must obtain the approval of…

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Article L532-2 of the French Monetary and Financial Code

In order to grant authorisation to an investment firm, the Autorité de contrôle prudentiel et de résolution shall verify that the firm: 1. Has its registered office and effective management in France ; 2. Has, taking into account the nature of the service it wishes to provide, an initial paid-up capital, the minimum amount and composition of which are determined by an order of the Minister responsible for the economy…

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Article L532-3 of the French Monetary and Financial Code

I. – Authorisation to provide one or more investment services by a credit institution may be granted to legal entities having their registered office in France or to branches established in France of credit institutions having their registered office in a State which is neither a member of the European Union nor a party to the Agreement on the European Economic Area. To grant this authorisation, the Autorité de contrôle…

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Article L532-3-1 of the French Monetary and Financial Code

Any change in the conditions to which the authorisation granted to an investment service provider other than a portfolio management company providing one or more investment services was subject must be subject to prior authorisation by the Autorité de contrôle prudentiel et de résolution, or to a declaration or notification, as the case may be, under the conditions laid down by an order of the Minister responsible for the economy….

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Article L532-3-2 of the French Monetary and Financial Code

Without prejudice to the provisions of Article L. 229-4 of the Commercial Code, the Autorité de contrôle prudentiel et de résolution also has the power to oppose, in accordance with the provisions of Article 8(14) and Article 19 of Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European Company (SE), the transfer of the registered office of an investment firm incorporated as a European…

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Article L532-4 of the French Monetary and Financial Code

In granting approval for the programme of operations, the AMF assesses the quality of the programme in the light of the obligations set out in Articles L. 533-25 and L. 533-26, as well as the conditions under which the investment service provider other than a portfolio management company intends to provide the investment services concerned. The programme shall indicate the type of transactions envisaged and the organisational structure of the…

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Article L532-6 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution may withdraw the authorisation of an investment firm at the request of the firm. It may also be decided ex officio by the AMF in the following cases: 1° The investment firm has obtained authorisation by making false statements or by any other irregular means ; 2° If it is class 1a, the investment firm no longer meets the prudential requirements set…

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Article L532-7 of the French Monetary and Financial Code

The removal of an investment firm from the list of authorised investment firms other than a portfolio management company may be ordered as a disciplinary sanction by the Autorité de contrôle prudentiel et de résolution. Deregistration entails the liquidation of the legal entity if it has its registered office in France. In the case of branches of investment firms having their registered office outside the European Economic Area, this deregistration…

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Article L532-8 of the French Monetary and Financial Code

The Minister responsible for the economy shall specify the conditions for the application of articles L. 532-6 and L. 532-7. In particular, it shall set the terms and conditions under which : a) Decisions to withdraw authorisation and to deregister are brought to the attention of the public ; b) Financial instruments held in accounts with the company may be transferred to an investment services provider other than a portfolio…

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