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Article L613-44 of the French Monetary and Financial Code

I.-Credit institutions and investment firms shall at all times comply with a minimum requirement for own funds and eligible commitments. This requirement is expressed as a percentage of 1° Of the total amount of risk exposure of the resolution entity concerned, calculated, for Class 1a credit institutions and investment firms, in accordance with Article 92(3) of Regulation (EU) No 575/2013 and for Class 2 and Class 3 investment firms, in…

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Article L613-44-1 of the French Monetary and Financial Code

The resolution college shall ensure compliance by the persons under its jurisdiction with the requirements set pursuant to Article L. 613-44 in coordination with the supervisory college. Where the resolution college, or the supervisory college, finds that the persons referred to in Article L. 613-34 who are subject to the minimum capital requirement and eligible commitments are not complying with this requirement, it shall remedy the situation by using the…

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Article L613-45 of the French Monetary and Financial Code

When the resolution board is informed that a credit institution or investment firm has adopted an early intervention measure as provided for in Article L. 511-41-5, the resolution board may order the institution or investment firm to seek potential buyers in order to prepare for the implementation of a resolution procedure, in compliance with the conditions set out in I of Article L. 613-50-6 and the confidentiality requirements set out…

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Article L613-45-1 of the French Monetary and Financial Code

I. – Provided that the essential obligations of the contract continue to be met, in particular the obligations to pay and deliver financial instruments and the guarantee obligations, the provisions of I and II of Article L. 613-50-4 shall apply in the event of the implementation of a crisis prevention or management measure referred to in Articles L. 511-41-3, L. 511-41-5, L. 612-32, L. 612-33, L. 612-34, L. 612-34-1 and…

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Article L613-46 of the French Monetary and Financial Code

I. – Notwithstanding any provision or stipulation to the contrary, entities in the same group may enter into an agreement, to which the rules of this sub-section apply, the purpose or effect of which is to provide for the conditions under which one or more of the parties to the agreement may benefit, where it meets the conditions for early intervention referred to in I of Article L. 511-41-5, from…

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Article L613-46-1 of the French Monetary and Financial Code

I. – Where the supervisory board is responsible for the supervision of a group on a consolidated basis, the request for authorisation provided for in III of Article L. 613-46 shall be sent to the supervisory board by the parent institution in the EU party to the agreement. It shall include the draft agreement and identify the potential parties. The supervisory board shall, where appropriate, communicate this request to the…

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Article L613-46-2 of the French Monetary and Financial Code

I. – When the 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 purpose of reaching a joint decision on a request for authorisation provided for in III of Article L. 613-46, the supervisory college shall provide all the cooperation required. In particular, it shall ensure, as far as it…

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Article L613-46-3 of the French Monetary and Financial Code

I. – The agreement is freely entered into by each of the parties acting in their own best interests, taking into account in particular any direct or indirect advantage that may result. It shall contain clauses designed to: 1° Define the forms that the support may take ; 2° Identify the remuneration received in return for granting such support and set the rules for calculating it; 3° Define the conditions…

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Article L613-46-4 of the French Monetary and Financial Code

I. – Financial support may be provided by an entity of a group pursuant to Article L. 613-46 only if the following conditions are met: 1° The financial support is intended to preserve or restore the financial stability of the group as a whole or of one of its entities and is in the best interests of the person providing it; 2° There is a reasonable prospect that the support…

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Article L613-46-5 of the French Monetary and Financial Code

I. – Where the supervisory board is the competent authority to supervise the entity party to the agreement considering granting its support, it may authorise, prohibit or restrict the scope of a support decision referred to in Article L. 613-46-4 within five working days of receiving the decision. II. – The supervisory board shall immediately notify its decision to : 1° The European Banking Authority ; 2° Where applicable, the…

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