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Article L613-49 of the French Monetary and Financial Code

I. – The members mentioned in 1° and 2° of I of Article L. 612-8-1 or the European Central Bank may refer the situation of a person mentioned in I of Article L. 613-34 to the resolution college of the Autorité de contrôle prudentiel et de résolution with a view to implementing one or more resolution measures. However, in the case provided for in 3° of II of Article L….

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Article L613-49-1 of the French Monetary and Financial Code

I. – The resolution board may only take one or more resolution measures in respect of a financial institution mentioned in 3° of I of Article L. 613-34 if the conditions for triggering a resolution procedure mentioned in II of Article L. 613-49 are met in respect of both the financial institution and the parent undertaking supervised on a consolidated basis. II. – The resolution college may only take a…

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Article L613-49-2 of the French Monetary and Financial Code

Notwithstanding any provision to the contrary, in particular Articles L. 640-4 and L. 640-5 of the French Commercial Code, compulsory liquidation proceedings instituted by Book VI of the French Commercial Code may only be opened against a person subject to resolution proceedings at the initiative of the Resolution College. In this case, Article L. 613-27 of this Code does not apply.

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Article L613-49-3 of the French Monetary and Financial Code

Where warranted by the implementation of resolution measures, the Chairman of the Autorité de contrôle prudentiel et de résolution, at the request of the collège de résolution, may ask any court to stay proceedings in any case to which a person subject to resolution proceedings is or becomes a party during the period allowing the collège de résolution to exercise its resolution powers in compliance with the objectives mentioned in…

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Article L613-50 of the French Monetary and Financial Code

I. – When implementing a resolution measure, the College of Resolution shall take into account the objectives of the resolution. These objectives are as follows: 1° To ensure the continuity of critical functions ; 2° Avoid significant negative effects on financial stability; and 3° Protect the resources of the State by reducing as far as possible recourse to exceptional public financial aid; 4° Protect customer funds and assets, in particular…

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Article L613-50-1 of the French Monetary and Financial Code

Without prejudice to the provisions of this section and to the European Union’s legal regime on State aid, the collège de résolution may not rely on any provision or stipulation the application of which would have the effect of hindering a resolution measure or the exercise, pursuant to V of Article L. 613-49-1, of the powers of a central body referred to in Article L. 511-31. In particular, the collège…

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Article L613-50-2 of the French Monetary and Financial Code

When the implementation of a resolution measure in application of the provisions of sub-paragraphs 3, 4, 5 or 6 of this paragraph implies the granting of an authorisation in application of I of Article L. 511-12-1 or Article L. 531-6, the supervisory board shall give its decision as quickly as possible so as not to compromise the implementation of this resolution measure.

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Article L613-50-3 of the French Monetary and Financial Code

I. – Articles L. 211-36-1 to L. 211-38 do not prevent the application of measures imposed in application of the provisions of this sub-section and of sub-section 9 of this section. II. – Articles L. 211-36-1 to L. 211-38 shall not prevent the application of measures imposed on an entity mentioned in IV of c or d of paragraph 2 of Article 1 of Directive 2002/47/EC of the European Parliament…

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Article L613-50-4 of the French Monetary and Financial Code

I. – Provided that the essential obligations of the contract continue to be met, in particular the obligations to pay and deliver financial instruments and the guarantee obligations, the implementation of a measure taken pursuant to this sub-section or a crisis prevention or management measure referred to in Article L. 613-45-1, with regard to a person mentioned in I of Article L. 613-34 or, the suspension of a payment or…

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Article L613-50-5 of the French Monetary and Financial Code

I. – The resolution measures referred to in subparagraphs 3, 4, 5 or 6 of this paragraph may be implemented by the resolution college separately or in combination. A measure to segregate assets taken in application of the provisions of sub-paragraph 5 may not be implemented independently of the implementation of another resolution measure taken under sub-paragraphs 3, 4 and 6. II. – Where the implementation of the resolution measures…

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