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Article L613-38 of the French Monetary and Financial Code

I. – The collège de résolution shall draw up individual preventive resolution plans for persons required to draw up an individual preventive recovery plan pursuant to the provisions of sub-section 2 of this section. These plans shall provide for the resolution measures that may be taken pursuant to Subsection 9 and Subsection 10 of this Section when the conditions for triggering a resolution procedure mentioned in II of Article L….

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Article L613-39 of the French Monetary and Financial Code

I. – Where the collège de résolution is the competent resolution authority for a person referred to in the first paragraph of I of Article L. 613-38, it shall draw up an individual preventive resolution plan for that person, after obtaining the opinion of the collège de supervision and, where appropriate, after consulting the resolution authorities responsible for the person’s material branches. II. – When the collège de résolution is…

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Article L613-40 of the French Monetary and Financial Code

I. – Where the College of Resolution is the resolution authority on a consolidated basis, it shall establish or update, after consultation with the relevant competent authorities of the Member States, including those responsible for significant branches, the group resolution contingency plans, where appropriate jointly with the resolution authorities of the subsidiaries concerned and after consultation, where appropriate, with the resolution authorities of significant branches established in a Member State….

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Article L613-40-1 of the French Monetary and Financial Code

I. – When a matter is referred to it by the consolidated resolution authority of another Member State of the European Union as the resolution authority of a subsidiary belonging to a group for the purposes of drawing up or updating a preventive group resolution plan, the collège de résolution shall provide all the cooperation required. The resolution college shall give its opinion within four months of the transmission of…

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Article L613-40-2 of the French Monetary and Financial Code

The resolution college shall notify the supervisory college and, where applicable, the competent authorities of the Member States concerned of the plans it has drawn up or updated pursuant to Articles L. 613-39, L. 613-40 and L. 613-40-1. The resolution college shall notify, as appropriate, the person mentioned in I of Article L. 613-39 or the parent undertaking concerned pursuant to Article L. 613-40 of a summary of the main…

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Article L613-41 of the French Monetary and Financial Code

I. – When the preventive resolution plans are drawn up and each time they are updated, the resolution board shall assess the extent to which the persons concerned can either be wound up in accordance with the procedures set out in II of Article L. 613-31-2, or be subject to one or more of the resolution measures mentioned in sub-section 10 of this section, while ensuring the continuity of critical…

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Article L613-41-1 of the French Monetary and Financial Code

I. – Notwithstanding any provision or stipulation to the contrary, the general meeting of any of the persons referred to in I of Article L. 613-34 may delegate to the competent body its authority to decide to issue Tier 1 capital instruments in proportions sufficient to facilitate the implementation of the measures provided for in sub-sections 9 and 10 of this section taken in respect of them or one of…

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Article L613-41-2 of the French Monetary and Financial Code

Without prejudice to the rules on large exposures set out in Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 in Articles L. 511-41 and L. 533-2, the resolution college shall limit the liabilities that credit institutions and investment firms hold that may be used for internal bailout, with the exception of liabilities relating to entities that are part of the same group…

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Article L613-42 of the French Monetary and Financial Code

I. – When, at the end of the assessment provided for in I of Article L. 613-41, the resolution board, after obtaining the opinion of the supervisory board, finds that there are significant obstacles to a credit institution or an investment firm being wound up or being subject to resolution measures under the conditions mentioned in I of Article L. 613-41, it shall notify the person concerned, the supervisory board…

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Article L613-43 of the French Monetary and Financial Code

I. – Where the College of Resolution is the resolution authority on a consolidated basis, it shall carry out the assessment referred to in I of Article L. 613-41 within the framework of the college of resolution authorities set up pursuant to the second paragraph of I of Article L. 613-40. The assessment shall be drawn up in accordance with the conditions set out in III, IV and V of…

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