Article R533-16-3 of the French Monetary and Financial Code
November 5, 2023
Subsections 2 and 3 of this section apply to class 2 and class 3 investment firms under the conditions defined in Article L. 533-24-2.
Subsections 2 and 3 of this section apply to class 2 and class 3 investment firms under the conditions defined in Article L. 533-24-2.
By way of derogation from this section, class 1 bis investment firms are subject to the provisions of articles R. 511-17 to R. 511-26.
Within investment firms, the members of the board of directors or the supervisory board, on the one hand, and the members of the management board or any other body exercising equivalent functions or any persons who effectively manage the business of the firm within the meaning ofArticle L. 532-2, on the other hand, collectively have the necessary knowledge, skills and experience referred to inArticle L. 533-25 with regard to financial…
Each of the persons who effectively directs the business of the undertaking within the meaning of Article L. 532-2 and each member of the Board of Directors, the Supervisory Board, the Management Board or any other body exercising equivalent functions shall demonstrate the honesty, integrity and independence of mind necessary to assess and, if necessary, effectively challenge management decisions and to ensure the effective supervision and monitoring of those decisions….
I. – The rules limiting the number of directorships provided for in II to IV of article L. 533-26 apply within an investment firm that meets one of the following conditions: 1° The balance sheet total, corporate or consolidated, exceeds fifteen billion euros for two consecutive financial years; 2° The Autorité de contrôle prudentiel et de résolution has decided that the investment firm is of significant importance in view of…
When they have a website, investment firms shall use it to present the systems implemented to ensure compliance with the requirements laid down in Article L. 533-29-3, this section and the regulatory provisions adopted for their application.
The Board of Directors, the Supervisory Board or any other body exercising equivalent supervisory functions shall have adequate access to the information and documents necessary to supervise and monitor management decisions.
Members of staff of an investment firm who have been given authority to sign on behalf of that firm may not take up any other employment or perform any paid work outside that firm without first informing the firm’s management. This provision does not apply to the production of scientific, literary or artistic works.
Where they have been given authority to sign on behalf of an investment firm, members of the staff of that investment firm may not, without the authorisation of the senior management, perform administrative, management or executive duties in a credit institution, a finance company, another investment firm or a commercial company governed by Book II of the Commercial Code.
I.-The persons mentioned in Article L. 533-29-3 shall draw up a table grouping together the information relating to their establishments by State or territory, mentioned in 1° of the same article, as well as a table grouping together by State or territory the other information mentioned in the same article. In the document in which they appear, these two tables are presented one after the other. These persons are not…
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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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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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