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Title V: Miscellaneous goods intermediaries and token issuers

Article L551-1 of the French Monetary and Financial Code

I. – An intermediary in various goods is 1° Any person who, directly or indirectly, by means of promotional communication or canvassing, offers on a regular basis to one or more clients or potential clients to subscribe to life annuities or to acquire rights over movable or immovable property where the purchasers do not manage the property themselves or where the contract offers them the option of repossession or exchange…

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Article L551-2 of the French Monetary and Financial Code

Only joint stock companies may, in connection with the transactions referred to in article L. 551-1, receive sums corresponding to subscriptions by purchasers or payments of the proceeds of their investments. These companies must provide proof, prior to any advertising or canvassing, that they have fully paid-up capital in an amount at least equal to that required by article L. 224-2 of the French Commercial Code.

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Article L551-3 of the French Monetary and Financial Code

Prior to any promotional communication or canvassing, a document must be drawn up, in accordance with the conditions laid down by decree, to provide the public with all relevant information about the proposed transaction, the person who initiated it and the manager. Where the customer or potential customer has not received the disclosure document prior to entering into the contract, or where the terms of the contract do not comply…

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Article L551-4 of the French Monetary and Financial Code

At the end of each financial year, in addition to drawing up its own accounts, the manager shall draw up an inventory of the assets under its management and a statement of the sums collected during the financial year on behalf of the rights holders. It draws up a report on its activities and on the management of its assets. It draws up the balance sheet, profit and loss account…

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Article L551-5 of the French Monetary and Financial Code

The statutory auditor shall be appointed for a period of six financial years at the request of the manager by a court decision taken after obtaining the opinion of the Autorité des marchés financiers. The provisions of article L. 823-3-1 of the Commercial Code are applicable to intermediaries in miscellaneous goods covered by the provisions of III of article L. 820-1 of the same code. In the event of misconduct…

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Article L552-1 of the French Monetary and Financial Code

Any issuer making a public offer of tokens and applying for approval from the Autorité des marchés financiers under the conditions set out in Articles L. 552-4 to L. 552-7 shall be subject to the obligations of this chapter. The provisions of this chapter apply to any offer of tokens that is not governed by Books I to IV, Chapter VIII of Title IV of this Book or Chapter I…

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Article L552-2 of the French Monetary and Financial Code

For the purposes of this chapter, a token is any intangible asset representing, in digital form, one or more rights that may be issued, recorded, stored or transferred by means of a shared electronic recording device enabling the owner of the asset to be identified, directly or indirectly.

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Article L552-3 of the French Monetary and Financial Code

A public offer of tokens consists of offering to the public, in any form whatsoever, to subscribe to these tokens. A public offer of tokens does not include an offer of tokens open to subscription by a limited number of persons, set by the General Regulations of the Autorité des marchés financiers, acting on their own behalf.

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Article L552-4 of the French Monetary and Financial Code

Prior to any public offer of tokens, issuers may apply for approval from the Autorité des marchés financiers. Issuers shall prepare a document providing all relevant information to the public on the proposed offer and on the issuer. This information document may be drawn up in a language customary in the sphere of finance other than French, provided that it is accompanied by a summary in French. This information document…

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Article L552-5 of the French Monetary and Financial Code

The AMF verifies that the planned offer meets the safeguards required for a public offer, and in particular that the issuer of the tokens: 1° Is a legal entity established or registered in France; 2° Has put in place any means to monitor and safeguard the assets raised in the offer. The AMF examines the information document, the draft promotional communications intended for the public after approval has been granted,…

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