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Article L613-52-2 of the French Monetary and Financial Code

I. – Without prejudice to the European Union’s legal regime on state aid, the resolution board may waive the provisions of I of Article L. 613-50-6 if their implementation is likely to compromise the achievement of the objectives of the resolution mentioned in I of Article L. 613-50. II. – Subject to IV and Article L. 613-58-1, this transfer is not subject to compliance with any procedural requirements under the…

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Article L613-52-3 of the French Monetary and Financial Code

The holders of equity securities referred to in Chapter II of Title I of Book II or other securities or creditors of the person subject to resolution proceedings and any other party whose assets, rights and obligations are not transferred shall have no direct or indirect rights in the assets, rights or obligations transferred to the purchaser.

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Article L613-52-4 of the French Monetary and Financial Code

Where only the provisions of this sub-paragraph are applied to transfer part of the assets, rights or obligations of a person subject to a resolution procedure, the residual entity shall be wound up in accordance with the provisions of Book VI of the Commercial Code. The liquidation shall take place within a reasonable time without prejudice to : 1° Any obligation on the person whose assets, rights or obligations have…

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Article L613-52-5 of the French Monetary and Financial Code

For the sole purpose of exercising the freedom to provide services or the freedom of establishment in another Member State, the acquirer shall be deemed to be a continuation of the person subject to resolution proceedings and shall continue to exercise any rights previously held by that person in respect of the property, rights or obligations transferred.

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Article L613-52-6 of the French Monetary and Financial Code

I. – Participation, membership or access rights to the systems referred to in Article L. 330-1, to the trading platforms referred to in Title II of Book IV and to the clearing houses referred to in Title IV of Book IV are transferred to the acquirer provided that it meets the criteria for participation, membership or access to these market infrastructures. However, the absence of a rating or an insufficient…

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Article L613-53 of the French Monetary and Financial Code

I. – The resolution board may use a bridging institution to acquire, on one or more occasions, on a provisional basis and with a view to a sale under the conditions it sets, in compliance with competition rules, all or part of the assets, rights or obligations of a person subject to a resolution procedure, the equity securities referred to in Chapter II of Title I of Book II or…

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Article L613-53-1 of the French Monetary and Financial Code

I. – The Board of Directors approves the constitutive documents of the bridge institution. It appoints or approves the appointment and reappointment of the persons referred to in Article L. 511-13 or Article L. 532-2(4), members of the Board of Directors, the Supervisory Board or any other body exercising equivalent supervisory functions. It approves their remuneration. It also approves the strategy and risk profile of the bridge institution. It may…

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Article L613-53-2 of the French Monetary and Financial Code

Any item acquired by the bridge institution pursuant to I of Article L. 613-53 may be returned to its original owner, who may not object, or transferred to a third party. This new transfer may only be decided by the College of Resolution if it was expressly provided for in the initial transfer deed or if it relates to assets, rights or obligations that were wrongly transferred to the bridge…

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Article L613-53-3 of the French Monetary and Financial Code

Upon decision of the resolution college, the bridge institution shall be deemed to be a continuation of the person subject to resolution proceedings and shall continue to exercise any rights previously held by that person in respect of the property, rights or obligations transferred. Notwithstanding any provision or stipulation to the contrary, contracts transferred to the bridge institution shall continue ipso jure without any right of termination being exercisable by…

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Article L613-53-4 of the French Monetary and Financial Code

I. – The provisions of this sub-paragraph cease to apply when one of the following conditions is met: 1° The establishment-relais merges with another person ; 2° The bridge institution no longer meets the requirements laid down in Article L. 613-53-1 ; 3° All or most of the assets, rights or obligations of the bridge facility have been transferred to a third party; 4° The assets of the establishment-relay are…

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