I.-The resolution college may require a person referred to in Article L. 311-1 who has been the subject of a transfer provided for in 3° or 4° of Article L. 311-30, Article L. 311-35 or Article L. 311-41 and the acquirer to exchange information or provide assistance to each other for the purposes of the transfer. In order for these transfers to be effective, the resolution college may require the…
I.-When the resolution board orders the transfer of part of the assets, rights and obligations of a person subject to a resolution procedure to another entity or a liability management vehicle, it shall ensure, subject to the provisions of Article L. 311-15, the protection of collateral agreements and secured obligations in which this person participates, as well as the protection of its counterparties. The same applies where the resolution college…
I.-When it adopts a resolution measure in respect of a person referred to in Article L. 311-1, the collège de résolution shall notify its decision : 1° the Minister for the Economy and, where applicable, the Minister for Mutual Societies or the Minister for Social Security ; 2° To the supervisory board ; 3° To the fund(s) concerned, including the guarantee fund for compulsory non-life insurance, the guarantee fund for…
The annulment of the measures taken in application of this section does not affect the validity of the acts taken for their application when the calling into question of these acts is likely to harm the interests of the policyholders, subscribers, employers, subscribing legal entities, members, participants and beneficiaries, except in the case of fraud on their part. In this case, the compensation of the claimants is limited to the…
A decree of the Conseil d’Etat shall specify the conditions of application of this sub-section.
Notwithstanding the provisions of Act No. 68-678 of 26 July 1968 relating to the disclosure of economic, commercial, industrial, financial or technical documents and information to foreign natural or legal persons, the collège de résolution and the collège de supervision may, in the performance of their prevention and resolution duties, exchange information covered by professional secrecy with : 1° The Minister for the Economy, the Minister for Mutual Societies or…
Notwithstanding the provisions of Law no. 68-678 of 26 July 1968 relating to the communication of economic, commercial, industrial, financial or technical documents and information to foreign natural or legal persons, the collège de résolution and the collège de supervision may, for the performance of their prevention and resolution duties, exchange information covered by professional secrecy with : 1° Authorities exercising equivalent functions in other Member States of the European…
The collège de résolution shall draw up and update the preventive resolution plans referred to in Article L. 311-8 and shall, if necessary, carry out the assessment provided for in Section 4, after consulting the resolution authorities of the other States concerned.
I.-For persons referred to in Article L. 311-1 who have subsidiaries established abroad and for persons referred to in Article L. 311-1 belonging to a cross-border group in which at least one of the entities belongs to the insurance sector and at least one of the entities belongs to the banking or investment services sector or to a cross-border group subject to the supplementary supervision of financial conglomerates pursuant toArticle…
For the persons mentioned in Article L. 311-1 that are entities of a group whose ultimate parent undertaking is established abroad, the Autorité de contrôle prudentiel et de résolution shall cooperate with the competent counterpart authorities under the conditions set out in I of Article L. 311-57. In order to facilitate this cooperation, the Autorité may participate in colleges of counterpart competent authorities for group entities established abroad. It may…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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
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