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Article L613-56-2 of the French Monetary and Financial Code

I. – Subject to the provisions of III and V of Article L. 613-57-1, the collège de résolution may release the financial instruments defined in Article L. 211-1, rights, assets or commitments of the person in question from any commitment or security when they are transferred. A right to compensation granted under the provisions of this section may not be considered as a commitment or security within the meaning of…

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Article L613-56-3 of the French Monetary and Financial Code

I. – For the purposes of implementing Article L. 613-55-6, the resolution board may automatically terminate the financial and derivative contracts mentioned in Sections 4 to 10 of Section C of Annex I to Directive 2004/39/EU of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council…

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Article L613-56-4 of the French Monetary and Financial Code

The resolution college may suspend any obligation to pay or deliver financial instruments resulting from a contract to which a person mentioned in I of Article L. 613-34 subject to a resolution procedure is bound. This suspension takes effect from the publication of the notice of suspension referred to in III of Article L. 613-58 and ends at midnight on the business day following the day of publication. The collège…

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Article L613-56-5 of the French Monetary and Financial Code

I. – Provided that the guarantee or payment and financial instrument delivery obligations under the contract continue to be performed, the resolution college may suspend the termination rights of any party to a contract entered into with: 1° A person referred to in I of Article L. 613-34 subject to a resolution procedure ; 2° A subsidiary of the person mentioned in 1° when the following conditions are met: a)…

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Article L613-56-6 of the French Monetary and Financial Code

At the request of the resolution board and under the conditions and for the period it has determined, the Chairman of the Autorité des marchés financiers or his representative shall require the market undertaking to suspend all or part of the trading in financial instruments admitted to a regulated market and issued by a person referred to in I of Article L. 613-34 that has been the subject of a…

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Article L613-56-7 of the French Monetary and Financial Code

The resolution college may take any measure necessary to implement a measure taken pursuant to sub-section 9 of this section, I of Article L. 613-55, 1° of I of Article L. 613-55-4, I of Article L. 613-56 and Article L. 613-56-1, including: 1° Modification of all relevant registers ; 2° Removal from trading of equity securities mentioned in Chapter II of Title I of Book II or other securities or…

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Article L613-56-8 of the French Monetary and Financial Code

I.-The collège de résolution may suspend any obligation to pay or deliver financial instruments resulting from a contract to which a person referred to in I of Article L. 613-34 is bound if all of the following conditions are met: 1° It has been established that the person’s default is actual or foreseeable within the meaning of II of Article L. 613-48 ; 2° There is no reasonable prospect that…

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Article L613-56-9 of the French Monetary and Financial Code

I.-Any financial contract entered into by a person referred to in I of Article L. 613-34 and governed by the legislation of a third country shall include a clause stipulating that the parties acknowledge that they may be subject to the exercise by the resolution college of the powers to suspend or restrict the rights and obligations referred to in II of L. 613-56-2, L. 613-56-4, L. 613-56-5 or L….

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Article L613-57 of the French Monetary and Financial Code

I. – The collège de résolution shall ensure that no holder of equity securities referred to in Chapter II of Title I of Book II or of other ownership securities or creditor of a person referred to in I of Article L. 613-34, and the fonds de garantie des dépôts et de résolution under Article L. 613-55-5, does not incur or suffer, as a result of a measure to transfer…

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Article L613-57-1 of the French Monetary and Financial Code

I. – When it orders the transfer of part of the assets, rights and obligations of a person subject to resolution proceedings to another entity or when it implements a measure provided for in II of Article L. 613-56-3, the resolution board shall ensure, subject to the provisions of Articles L. 613-50-4, L. 613-56-2, L. 613-56-4 and L. 613-56-5, the protection of collateral agreements, netting agreements, covered bonds and structured…

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