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Article L613-57-2 of the French Monetary and Financial Code

The implementation of a measure for the partial transfer of the assets, rights and obligations of a person subject to resolution proceedings or of a measure pursuant to II of Article L. 613-56-3 shall not affect the proper functioning and the rules governing the systems referred to in Article L. 330-1.

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Article L613-58 of the French Monetary and Financial Code

I. – When it has adopted a resolution measure in respect of a person referred to in I of Article L. 613-34, the resolution board shall fulfil the obligations set out in II and III as soon as circumstances permit. II. – The resolution board shall notify its decision to the following persons and authorities: 1° Le ministre chargé de l’économie ; 2° The European Commission ; 3° The European…

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Article L613-58-1 of the French Monetary and Financial Code

The annulment of measures taken in application of sub-sections 9 and 10 does not affect the validity of the acts taken for their application when the calling into question of these acts is likely to prejudice the interests of third parties, except in the case of fraud on the part of the latter. In the case provided for in the previous paragraph, compensation for claimants is limited to compensation for…

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Article L613-59 of the French Monetary and Financial Code

I. – Subject to Article L. 613-59-1, where the resolution college exercises the powers provided for in this section at group level, it shall set up a college of resolution authorities to carry out the tasks referred to in Articles L. 613-40, L. 613-40-1, L. 613-43, L. 613-43-1, L. 613-44, R. 613-46-5, L. 613-60, L. 613-60-1 and L. 613-60-2. 613-40, L. 613-40-1, L. 613-43, L. 613-43-1, L. 613-44, R. 613-46-5,…

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Article L613-59-1 of the French Monetary and Financial Code

I. – Where a credit institution, an investment firm or a parent undertaking established in a non-EU Member State has in France and in at least one other EU Member State a subsidiary or branch considered to be of significant importance both by France and by another EU Member State, the collège de résolution shall set up, jointly with the resolution authorities of the Member States concerned, a college of…

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Article L613-59-2 of the French Monetary and Financial Code

Where the resolution college exercises the powers provided for in this section at group level, it shall coordinate the exchange of all relevant information between the resolution authorities. In particular, it shall transmit in a timely manner to the resolution authorities of the other Member States all relevant information with a view to facilitating the performance of the tasks mentioned in points 2° to 7° of III of Article L….

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Article L613-60 of the French Monetary and Financial Code

When notified by another resolution authority of a decision and measures equivalent to those mentioned in I of Article L. 613-61-1 concerning the subsidiary of a group for which it is the resolution authority on a consolidated basis, the College of Resolution shall assess, after consulting the other members of the college of resolution authorities concerned, the likely impact of these measures on the group and on the entities of…

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Article L613-60-1 of the French Monetary and Financial Code

I. – When the resolution board decides that an EU parent undertaking established in France meets the conditions for triggering a resolution procedure mentioned in II of Article L. 613-49 or, where applicable, in I and II of Article L. 613-49-1, it shall immediately notify the information mentioned in 1° and 2° of I of Article L. 613-61-1 to the supervisory board of the AMF and to the other members…

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Article L613-60-2 of the French Monetary and Financial Code

I. – The group resolution scheme provided for in Article L. 613-60 must satisfy the following conditions: 1° It shall comply with the preventive resolution plans drawn up pursuant to paragraph 3 of sub-section 3 of this section, except in cases where the other resolution authorities concerned consider that the objectives of the resolution will be better achieved by other means ; 2° It describes the resolution measures that the…

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Article L613-61 of the French Monetary and Financial Code

The resolution college shall provide all the cooperation required to the consolidated resolution authority and to the other member authorities of the colleges of resolution authorities defined in Articles L. 613-59 and L. 613-59-1. When the resolution authority of another Member State reduces or converts own funds instruments referred to in I of Article L. 613-48 or implements one or more resolution measures, the resolution college shall provide all the…

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