Call Us + 33 1 84 88 31 00

Article R214-234 of the French Monetary and Financial Code

The securitisation undertaking may grant the loans referred to in V of Article L. 214-175-1 under the conditions defined by Articles R. 214-203-1, R. 214-203-2, R. 214-203-3 with the exception of I, R. 214-203-4, R. 214-203-5 with the exception of III and R. 214-203-6 to R. 214-203-9. For the application of these articles, the securitisation undertaking is treated in the same way as a specialised professional fund and the holders…

Read More »

Article R214-234-1 of the French Monetary and Financial Code

The securitisation mutual fund may issue negotiable debt securities and bonds or debt securities issued on the basis of foreign law. The fund rules specify the characteristics and terms of issue of the debt securities. The liabilities of a securitisation mutual fund comprise at all times a minimum number of two units. The minimum amount of a unit on issue is 150 euros or its equivalent in the monetary unit…

Read More »

Article R214-235 of the French Monetary and Financial Code

The payment of sums due in respect of units issued by the fund is subordinated to the payment of sums due of any kind to holders of debt securities issued by the fund or to persons with whom loans have been contracted or commitments resulting from contracts constituting forward financial instruments entered into by the fund.

Read More »

Article D214-237 of the French Monetary and Financial Code

A securitisation undertaking covered by this subparagraph may enter into contracts transferring insurance risks under the conditions laid down in its articles of association or its regulations, subject to the following conditions: 1° These contracts are entered into with : a) An insurance or reinsurance undertaking governed by the Insurance Code, a mutual insurer or union governed by Book II of the Mutual Code, a provident institution or union governed…

Read More »

Article D214-238 of the French Monetary and Financial Code

A securitisation undertaking covered by this sub-paragraph may only sell or transfer, in one or more transactions, contracts transferring insurance risks and receivables held against insurance and reinsurance undertakings in the following cases: 1° When the securitisation undertaking is being wound up in the interests of the holders of units and debt securities previously issued; 2° When the securitisation undertaking’s commitment in respect of contracts transferring insurance risks is less…

Read More »

Article R214-239 of the French Monetary and Financial Code

In order to grant the authorisation referred to in Article L. 214-189, the Autorité de contrôle prudentiel et de résolution shall verify that the rules or articles of association of the undertaking, in particular with regard to the composition of assets and the risk coverage strategy, are compatible with the rule of financing its commitments in full, as defined in 5° of Article D. 214-237. The Authority also verifies that…

Read More »

Article D214-240 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution shall issue the authorisation referred to in Article L. 214-189 within thirty days of notification of receipt of the application. If no decision has been notified by the AMF by the end of this period, this shall be deemed to be an authorisation decision. If the Authority requests additional information, it will notify the applicant in writing, specifying that the requested information…

Read More »

Article R214-240-1 of the French Monetary and Financial Code

The specialised financing body may grant the loans mentioned in the second paragraph of V of Article L. 214-190-1 under the conditions defined by Articles R. 214-203-1 to R. 214-203-9. For the purposes of these articles, the specialised financing body is treated in the same way as a specialised professional fund. The loan mentioned in article R. 214-203-6 does not concern the issue of debt securities.

Read More »

Article D214-240-2 of the French Monetary and Financial Code

(1) A specialised financing vehicle may issue negotiable debt securities and bonds or debt securities issued under foreign law. (2) The vehicle’s regulations or articles of association shall specify the characteristics and terms of issue of debt securities. (3) The liabilities of a specialised financing vehicle shall at all times include a minimum number of two units. 4 -The minimum amount of a unit on issue is 150 euros or…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

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.

Useful links

You have a question in French Business Law?

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.