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Article L613-46-5 of the French Monetary and Financial Code

I. – Where the supervisory board is the competent authority to supervise the entity party to the agreement considering granting its support, it may authorise, prohibit or restrict the scope of a support decision referred to in Article L. 613-46-4 within five working days of receiving the decision. II. – The supervisory board shall immediately notify its decision to : 1° The European Banking Authority ; 2° Where applicable, the…

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Article L613-46-6 of the French Monetary and Financial Code

I.-Where the college of supervisors, in its capacity as the authority responsible for the supervision on a consolidated basis or as the competent authority responsible for the supervision on an individual basis of an entity eligible for support, receives from the competent authority of the entity providing support a draft decision prohibiting or restricting financial support, it may, in the event of disagreement, refer the matter within two days to…

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Article L613-46-7 of the French Monetary and Financial Code

Where a decision resulting from Articles L. 613-46-5 and L. 613-46-6 affects the preventive recovery plan of an entity or group drawn up pursuant to the provisions of sub-section 2 of this section by prohibiting or restricting the granting of financial support to an entity, the resolution college may, as appropriate: 1° re-examine the preventive recovery plan pursuant to Article L. 613-36 or, where applicable, Article L. 613-37 ; 2°…

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Article L613-47 of the French Monetary and Financial Code

I. – Before implementing a measure to reduce the nominal value or conversion of own funds instruments and eligible commitments or a resolution measure, the resolution college shall ensure that a fair, prudent and realistic valuation of the assets and liabilities of the person concerned is carried out by an independent expert. II. – When all the requirements set out in I and IV to IX have been met, the…

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Article L613-48 of the French Monetary and Financial Code

I. – The nominal value of additional Tier 1 capital instruments and Tier 2 capital instruments or eligible commitments referred to in VII issued by a person referred to in I of Article L. 613-34 may be reduced. These instruments may also be converted into equity securities mentioned in Chapter II of Title I of Book II or into other forms of ownership. This reduction and conversion take place under…

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Article L613-48-1 of the French Monetary and Financial Code

I. – The resolution board shall take the measures referred to in I of Article L. 613-48 when it considers that one or more of the following conditions are met: 1° It has been established, prior to the implementation of a resolution measure, that the conditions for triggering a resolution procedure mentioned in II of Article L. 613-49 or, where applicable, in I, II and V of Article L. 613-49-1…

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Article L613-48-2 of the French Monetary and Financial Code

I. – The determination that a person referred to in I of Article L. 613-34 or a group is in the situation referred to in 3° of I of Article L. 613-48-1 shall be made by the collège de résolution with the assent of the collège de supervision and, where applicable, jointly with the appropriate authorities in the form of a joint decision where: 1° The supervisory college is the…

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Article L613-48-3 of the French Monetary and Financial Code

I. – The reduction in the nominal value or conversion of the own funds instruments referred to in I of Article L. 613-48 or, where applicable, of eligible commitments referred to in VII of the same article shall be preceded, in the event of losses being incurred, by a reduction in the amount of such losses in Tier 1 core capital instruments. It is implemented under the conditions set out…

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Article L613-48-4 of the French Monetary and Financial Code

Without prejudice to the application of III of Article L. 613-55-3, the reduction referred to in I of Article L. 613-48 in the nominal value of an own funds instrument or an eligible commitment is definitive. With the exception of obligations that have already matured, the obligations of the person concerned attached to an equity instrument or eligible commitment that has been reduced shall survive only in proportion to its…

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Article L613-48-5 of the French Monetary and Financial Code

The resolution college shall require, where necessary to carry out a conversion measure referred to in I of Article L. 613-48, that the person concerned issue Tier 1 core capital instruments to holders of additional Tier 1 capital instruments or eligible commitments referred to in VII of Article L. 613-48 or Tier 2 capital instruments. The resolution college shall also ensure that the following conditions are met: 1° The Tier…

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