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Article L533-10 of the French Monetary and Financial Code

I.-Portfolio management companies : 1° Put in place rules and procedures to ensure compliance with the provisions applicable to them, including those set out in Article 11 of Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on over-the-counter derivatives, central counterparties and trade repositories ; 2° Put in place rules and procedures to ensure that persons under their authority or acting on…

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Article L533-10-1 of the French Monetary and Financial Code

Portfolio management companies and investment services providers that provide the investment service referred to in 4 of Article L. 321-1 employ : 1° A method of risk management on behalf of third parties that enables them to monitor and measure at any time the risk associated with the management of portfolio positions and transactions and the contribution of these to the overall risk profile of the managed portfolio. In particular,…

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Article L533-10-3 of the French Monetary and Financial Code

In this sub-section and for the purposes of the provisions relating to algorithmic trading : 1° “algorithmic trading” means trading in financial instruments in which a computer algorithm automatically determines the parameters of orders, such as whether or when they should be issued, the price or quantity terms, or how they will be managed after they have been issued, without human intervention or with limited human intervention. Algorithmic trading does…

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Article L533-10-4 of the French Monetary and Financial Code

Investment services providers other than portfolio management companies that use algorithmic trading : 1° Have effective systems and risk controls appropriate to their business to ensure that their trading systems: a) Are resilient and have sufficient capacity ; b) Are subject to appropriate trading thresholds and limits; c) prevent the sending of erroneous orders or any other operation of the systems likely to give rise to or contribute to market…

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Article L533-10-5 of the French Monetary and Financial Code

Investment services providers other than portfolio management companies that use algorithmic trading in a Member State of the European Union or party to the Agreement on the European Economic Area shall: 1° Notify the Autorité des marchés financiers as well as the competent authority designated as the contact point, within the meaning of Article 79(1) of Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014…

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Article L533-10-6 of the French Monetary and Financial Code

Investment services providers other than portfolio management companies that use algorithmic trading to implement a market-making strategy must comply with the following conditions, taking into account the liquidity, size and nature of the market and the characteristics of the financial instrument concerned: 1° They carry out this market making continuously during a specified proportion of the trading hours of the trading platform, save in exceptional circumstances, with the result of…

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Article L533-10-8 of the French Monetary and Financial Code

Investment services providers other than portfolio management companies that provide persons with direct electronic access to a trading venue: 1° Have effective systems and controls ensuring that: a) The suitability of persons using the service is properly assessed and reviewed ; b) Such persons are prevented from exceeding appropriate pre-established trading and credit thresholds; c) Transactions by such persons are properly monitored; (d) Appropriate risk controls prevent any trading that…

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