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Article L548-5 of the French Monetary and Financial Code

I. – Participative finance intermediaries must be able to provide evidence at all times of an insurance policy covering them against the financial consequences of their professional civil liability in the event of a breach of their professional obligations, as defined in article L. 548-6. II. – A decree lays down the conditions for application of this article, in particular the minimum amount of the guarantee ceiling for policies taken…

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Article L548-6 of the French Monetary and Financial Code

Participative finance intermediaries must behave honestly, fairly, transparently and professionally, taking into account the rights and interests of their clients, including potential clients. To this end, they shall take and document all reasonable measures to detect and prevent the risks of conflicts of interest that may arise in the course of their activity. Participative finance intermediaries shall comply with rules of good conduct and organisation that take account of the…

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Article L549-2 of the French Monetary and Financial Code

For the purposes of Article 27 of Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012, the Autorité des marchés financiers shall be the competent national authority responsible for the prior authorisation and supervision of data communication service providers referred to in Article 2(3) of the same Regulation.

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Article L54-10-1 of the French Monetary and Financial Code

For the purposes of this chapter, digital assets include: 1° The tokens referred to in Article L. 552-2, with the exception of those fulfilling the characteristics of the financial instruments referred to in Article L. 211-1 and the savings bonds referred to in Article L. 223-1; 2° Any digital representation of a value that is not issued or guaranteed by a central bank or a public authority, that is not…

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Article L54-10-2 of the French Monetary and Financial Code

Digital asset services include the following services: 1° The service of holding digital assets on behalf of third parties or access to digital assets, where applicable in the form of private cryptographic keys, with a view to holding, storing and transferring digital assets; 2° The service of buying or selling digital assets in legal tender; 3° The service of exchanging digital assets for other digital assets; 4° The operation of…

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Article L54-10-3 of the French Monetary and Financial Code

Before carrying on business, providers of the services referred to in 1° to 4° of Article L. 54-10-2 established in France or providing such services in France, shall be registered by the Autorité des marchés financiers, which shall check whether: 1° The persons who effectively manage the service provider are of sufficiently good repute and are competent to perform their duties; 2° The natural persons who either hold, directly or…

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Article L54-10-4 of the French Monetary and Financial Code

Any person who has not been registered with the Autorité des marchés financiers may not provide the services referred to in 1° to 4° of Article L. 54-10-2. Any person who is not registered as a provider of the services referred to in 1° and 4° above is prohibited from using a name, company name, advertising or any other process that gives the impression that it is registered as such…

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Article L54-10-5 of the French Monetary and Financial Code

I.-In order to provide one or more of the services referred to in Article L. 54-10-2 on a regular professional basis, service providers established in France may apply for authorisation from the Autorité des marchés financiers, under conditions laid down by decree. Approved service providers must at all times have: 1° Professional indemnity insurance or own funds, the level of which is set by the General Regulation of the Autorité…

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