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Article L613-34-7 of the French Monetary and Financial Code

Notwithstanding any provision or stipulation to the contrary, contributions within the meaning ofarticle 1843-3 of the French Civil Code and Book II of the French Commercial Code and capital increases or reductions decided upon under this section are effected ipso jure on the date set by the Board of Directors without the need for any formality or procedure, in particular the convening of a General Meeting. The same applies to…

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Article L613-34-8 of the French Monetary and Financial Code

Notwithstanding any provision or stipulation to the contrary, the general meeting of one of the persons referred to in I and II of Article L. 613-34 may, by a two-thirds majority, amend the articles of association of that person in order to allow a general meeting to be called within a period of not less than ten days to authorise a capital increase when : 1° The person concerned is…

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Article L613-34-9 of the French Monetary and Financial Code

Articles L. 632-1 to L. 632-4 of the French Commercial Code do not apply to measures decided or authorised by the supervisory board pursuant to Article L. 511-41-5 or by the resolution board pursuant to this section, or to acts carried out by the persons they designate pursuant to Articles L. 612-34-1 and L. 613-51.

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Article L613-35 of the French Monetary and Financial Code

I. – The following are subject to the obligation to draw up and maintain a preventive recovery plan: 1° Credit institutions subject to direct supervision by the European Central Bank pursuant to Article 6(4) of Council Regulation (EU) No 1024/2013 of 15 October 2013 and credit institutions or investment firms which constitute a significant part of the financial system within the meaning of Article 11(8) of Regulation (EU) No 806/2014…

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Article L613-36 of the French Monetary and Financial Code

I. – The supervisory board shall examine the individual preventive recovery plans after consulting, where appropriate, the competent authorities of the Member States where branches of significant importance are located. It shall ensure that they comply with the requirements of IV and VI of Article L. 613-35 and the regulatory provisions adopted for its application. In particular, it assesses their ability to maintain or restore the viability and financial situation…

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Article L613-37 of the French Monetary and Financial Code

I. – Where it is responsible for the supervision of a group on a consolidated basis, the college of supervisors shall communicate the preventive group recovery plans referred to it pursuant to VII of Article L. 613-35: 1° To the competent authorities responsible for the supervision of subsidiaries established in another Member State of the European Union ; 2° To the competent authorities of the other Member States of the…

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Article L613-37-1 of the French Monetary and Financial Code

I. – When a matter is referred to it by the authority of another Member State of the European Union responsible for the supervision of a group on a consolidated basis, for the purposes of examining and assessing a preventive group recovery plan, the college of supervisors shall provide all the cooperation required. The supervisory board shall ensure, insofar as it is concerned, compliance with the requirements referred to in…

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Article L613-38 of the French Monetary and Financial Code

I. – The collège de résolution shall draw up individual preventive resolution plans for persons required to draw up an individual preventive recovery plan pursuant to the provisions of sub-section 2 of this section. These plans shall provide for the resolution measures that may be taken pursuant to Subsection 9 and Subsection 10 of this Section when the conditions for triggering a resolution procedure mentioned in II of Article L….

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