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Section 2: Freedom of establishment and freedom to provide services on the territory of Member States of the European Union or parties to the Agreement on the European Economic Area (Passports)

Article L532-16 of the French Monetary and Financial Code

In this section and for the application of the provisions relating to freedom of establishment and freedom to provide services : 1. The expression “competent authorities” means the authorities of a Member State of the European Union or of a State party to the Agreement on the European Economic Area empowered under the laws of that State to authorise or supervise investment firms or management companies which have their registered…

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Article L532-17 of the French Monetary and Financial Code

The provisions of this section do not apply to: 1° Trading platform managers governed by Articles L. 420-18, L. 422-1, L. 424-9, L. 425-9 and L. 425-10 ; 2° Branches of credit institutions referred to in I of article L. 511-10; 3° Branches of third-country investment firms referred to in Article L. 532-48.

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Article L532-18 of the French Monetary and Financial Code

Within the limits of the services it is authorised to provide in its home country, and depending on the authorisation it has received there, any legal or natural person authorised to provide investment services may, without prejudice to the provisions of Articles L. 511-21 to L. 511-26, provide investment and related services under the freedom to provide services in mainland France, Guadeloupe, Guyana, Martinique, Reunion, Mayotte and Saint-Martin. Related services…

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Article L532-18-1 of the French Monetary and Financial Code

Within the limits of the services it is authorised to provide in its home country, and depending on the authorisation it has received there, any legal or natural person authorised to provide investment services may, without prejudice to the provisions of Articles L. 511-21 to L. 511-28, establish branches to provide investment and related services in mainland France, Guadeloupe, Guyana, Martinique, Reunion, Mayotte and Saint-Martin. Related services may only be…

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Article L532-18-2 of the French Monetary and Financial Code

The provisions of Articles L. 533-1, L. 533-6, L. 533-9, L. 533-11 to L. 533-20, the first paragraph of Article L. 533-23, 2° and 4° of Article L. 533-24, 1° and 2° of Article L. 533-24-1, Articles L. 632-1 to L. 632-6, L. 632-12 to L. 632-15-1 and L. 632-16, as well as those of Articles 14 to 26 of Regulation (EU) No 600/2014 of the European Parliament and of…

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Article L532-19 of the French Monetary and Financial Code

In order to supervise an investment service provider benefiting from the regime provided for in Article L. 532-18-1, the competent authorities of the home country to which it belongs may require its branches established in France to disclose any information relevant to the exercise of that supervision. After informing the Autorité de contrôle prudentiel et de résolution in advance, the competent authority of the home country of an investment services…

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Article L532-20 of the French Monetary and Financial Code

The persons referred to in Article L. 532-18-1 shall send the Autorité des marchés financiers, at its request and for statistical purposes, periodic reports on the activities of their branch. The Autorité des marchés financiers may require the branches referred to in Article L. 532-18-1 to send it the information necessary to enable it to verify that they comply with the provisions applicable to them in mainland France, Guadeloupe, French…

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Article L532-20-1-A of the French Monetary and Financial Code

Where the Autorité de contrôle prudentiel et de résolution or the Autorité des marchés financiers has clear and demonstrable grounds for believing that an investment service provider operating under the freedom to provide services or with a branch in mainland France, Guadeloupe, Guyana, Martinique, La Réunion, Mayotte or Saint-Martin is in breach of the legal or regulatory obligations for which the home state authority is competent, it shall report the…

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Article L532-20-1-B of the French Monetary and Financial Code

Where the Autorité de contrôle prudentiel et de résolution or the Autorité des marchés financiers finds that an ISP with a branch in mainland France, Guadeloupe, French Guiana, Martinique, Reunion, Mayotte or Saint-Martin is not complying with the disclosure requirements laid down in Article L. 532-20, the provisions of the second paragraph of Article L. 532-18-1 and Article L. 532-18-2 or the regulatory provisions adopted for their application, it shall…

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Article L532-20-1 of the French Monetary and Financial Code

The provisions of the first paragraph of Article L. 532-18, the first paragraph of Article L. 532-18-1 and Articles L. 532-19 and L. 532-20 are applicable to management companies established in another Member State of the European Union or party to the Agreement on the European Economic Area which manage one or more UCITS governed by French law and authorised in accordance with Directive 2009/65/EC of the European Parliament and…

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