Without prejudice to the provisions of Article L. 311-29, any compensation paid in consideration for a transfer carried out pursuant to 3° and 4° of Article L. 311-30, Article L. 311-36, Article L. 311-42, Article L. 311-48 or Article L. 311-50 shall be paid by the acquirer: 1° To the owners of the equity securities mentioned in Chapter II of Title I of Book II of the Monetary and Financial…
When the collège de résolution issues the injunction provided for in 3° of Article L. 311-30, 1° of I of Article L. 311-42 and 1° of I of Article L. 311-48 to a person mentioned in I of Article L. 311-1, it shall be regularly informed by the person concerned, in accordance with the procedures it has defined, of transactions relating to the transfer of insurance policy portfolios.
When the resolution college issues a call for tenders under the measures provided for in Article L. 311-31, II of Article L. 311-42 and II of Article L. 311-48 with a view to transferring a portfolio of insurance contracts, the person concerned shall make available to the candidates for transfer the information mentioned in I of Article R. 612-31-2 of the Monetary and Financial Code. The person mentioned in 1°,…
The decision of the collège de résolution to extend, pursuant to Article L. 311-39, the deadline for withdrawing the authorisation of the bridge institution, shall be based on an assessment of the situation of the bridge institution and the market conditions and outlook justifying the extension of the activity of this institution.
When the authorisation of a bridge institution is withdrawn in accordance with article L. 311-39, any liquidation surplus reverts to the holders of the institution’s equity securities.
Where the assets and liabilities of several persons subject to resolution proceedings have been transferred to the same bridge institution, the winding-up proceedings referred to in Chapter VI of Title II of Book III shall apply separately to the assets and liabilities of each of these persons and not to the bridge institution itself. The assets concerned are identified individually in the accounts of the bridge facility. They are subject…
Measures taken by the resolution board pursuant to Articles L. 311-29 to L. 311-48 may be relied on against third parties without further formality, as soon as they are published on the website of the Autorité de contrôle prudentiel et de résolution. The date and time of publication shall be mentioned. The Autorité guarantees effective public access to the website and continuity of the online publication of the above-mentioned information…
For the purposes of Article L. 311-50, the resolution college shall present to potential acquirers the terms and timetable for the transfer of securities implemented under the procedure provided for in that article. It shall ensure that all potential acquirers that have informed it of their interest have the same level of information about the transaction.
The services and infrastructures referred to in I of this Article L. 311-51 are provided to the purchaser: 1° On the terms set out in an agreement concluded between the person subject to a resolution procedure and the purchaser, where they were provided, under the terms of this agreement, immediately prior to the application of a resolution measure; 2° In the absence of such an agreement or where the agreement…
When considering taking a resolution measure against a person mentioned in I of Article L. 311-1, the resolution board shall: 1° Indicate the reasons for this decision, including the finding that the person still meets the conditions for triggering a resolution procedure ; 2° Specify the measure it intends to take, including, where applicable, the request to open compulsory liquidation proceedings or any other measure taken pursuant to Chapter VI…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
