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Chapter II: The Autorité de contrôle prudentiel et de résolution

Article L612-1 of the French Monetary and Financial Code

I.-The Autorité de contrôle prudentiel et de résolution is responsible for preserving the stability of the financial system and protecting the customers, policyholders, members and beneficiaries of the persons subject to its supervision. The Autorité monitors compliance by these persons with the European provisions directly applicable to them, the provisions of the Monetary and Financial Code and the regulatory provisions for its application, the Insurance Code, Book IX of the…

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Article L612-2 of the French Monetary and Financial Code

I.-The Autorité de contrôle prudentiel et de résolution is responsible for : A.-In the banking, payment services and investment services sector: 1° Credit institutions ; 2° The following persons a) Investment firms and branches of third-country firms referred to in Article L. 532-48 ; b) Market undertakings; c) Members of clearing houses other than the persons mentioned in Article L. 440-2, paragraph 6; d) Persons authorised to carry out the…

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Article L612-3 of the French Monetary and Financial Code

The following are not subject to AMF supervision 1° The management of a statutory sickness and maternity insurance scheme and insurance against accidents at work and occupational diseases, as referred to in Title IV of Book IV of the Insurance Code; 2° Supplementary pension operations carried out by institutions governed by Book IX of the Social Security Code which are subject to inter-professional and general compensation; 3° Management of a…

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Article L612-4 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution comprises a supervisory board, a resolution board and an Enforcement Committee. With the exception of sections 4 and 5 of Chapter III of this Title and Chapter II of Title I of Book III of the Insurance Code, and subject to legislative or regulatory provisions to the contrary, the powers conferred on the Autorité de contrôle prudentiel et de résolution are exercised…

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Article L612-5 of the French Monetary and Financial Code

The supervisory board of the Autorité de contrôle prudentiel et de résolution is composed of nineteen members: 1° The Governor of the Banque de France, or the Deputy Governor he appoints to represent him, as Chairman ; 1° bis The Chairman of the Autorité des marchés financiers, or his representative; 1° ter Two members appointed for a period of five years, on the basis of their financial and legal expertise…

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Article L612-6 of the French Monetary and Financial Code

The restricted formation of the supervisory board is composed of eight members: 1° The Governor of the Banque de France or the Deputy Governor appointed to represent him, Chairman ; 2° The Vice-Chairman ; 3° Two members appointed by the Supervisory Board from among the members mentioned in 7° of Article L. 612-5; 4° Two members appointed by the Supervisory Board from among the members mentioned in 8° of Article…

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Article L612-7 of the French Monetary and Financial Code

The supervisory board shall set up two sectoral sub-boards from among its members: 1° The insurance sector sub-committee has eight members: the Vice-Chairman, the Governor of the Banque de France or the Deputy Governor appointed to represent him, the four members mentioned in 7° of Article L. 612-5 and two members appointed by the College from among the members mentioned in 2° to 6° of the aforementioned article; 2° The…

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Article L612-8-1 of the French Monetary and Financial Code

I.-The resolution college of the Autorité de contrôle prudentiel et de résolution is composed of seven members: 1° The Governor of the Banque de France or his representative, Chairman ; 2° The Director General of the Treasury or his representative; and 3° The Chairman of the Autorité des marchés financiers or his representative; 4° The Deputy Governor appointed by the Governor of the Banque de France, or his representative; 5°…

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Article L612-9 of the French Monetary and Financial Code

The Enforcement Committee has six members: 1° Two members of the Conseil d’Etat, appointed by the Vice-President of the Conseil d’Etat, and one member of the Cour de cassation, appointed by the First President of the Cour de cassation ; 2° Three members chosen for their expertise in areas relevant to the performance of the Authority’s duties, appointed by order of the Minister for the Economy. Alternate members are appointed…

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