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Article L312-2 of the French Monetary and Financial Code

Funds that a person collects from a third party, in particular in the form of deposits, with the right to dispose of them on their own account but with the obligation to return them, are deemed to be funds repayable by the public. A decree of the Conseil d’Etat specifies the conditions and limits under which issues of debt securities may be treated as collections of repayable funds from the…

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Article L312-4 of the French Monetary and Financial Code

I. – Credit institutions, investment firms and finance companies mentioned in II of article L. 511-1, authorised in France, as well as financial holding companies and mixed financial holding companies with their registered office in France, and market undertakings authorised to provide the investment services mentioned in 8 and 9 of article L. 321-1, shall join the deposit guarantee and resolution fund. II. – The task of the deposit guarantee…

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Article L312-4-1 of the French Monetary and Financial Code

I. – Credit institutions authorised in France adhere to the deposit guarantee and resolution fund under the deposit guarantee mechanism. The deposit guarantee covers, up to a maximum limit, funds held in an account with a credit institution and denominated in euros or in the currency of another State, under the following conditions : 1° These funds must be returned by the credit institution to the holder in accordance with…

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Article L312-5 of the French Monetary and Financial Code

I. – The deposit guarantee scheme shall be implemented at the request of the Autorité de contrôle prudentiel et de résolution as soon as the latter ascertains that a credit institution is no longer in a position to return, immediately or in the near future, the funds referred to in I of Article L. 312-4-1. The intervention of the Fonds de Garantie des Dépôts et de Résolution (Deposit Guarantee Fund)…

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Article L312-6 of the French Monetary and Financial Code

The fonds de garantie des dépôts et de résolution is subrogated to the rights of the beneficiaries of its intervention to the extent of the sums it has paid. The fonds de garantie des dépôts et de résolution may bring any liability action against the de jure or de facto managers of the institutions for which it intervenes in order to obtain reimbursement of all or part of the sums…

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Article L312-6-1 of the French Monetary and Financial Code

Where the European Commission takes a decision pursuant to Article 19(3) of Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 on the compatibility of recourse to the Single Resolution Fund with the rules of the internal market, the College of Resolution shall ensure compliance with that decision by the persons under its jurisdiction. Where, pursuant to Article 19(5) of this Regulation, the…

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Article L312-7 of the French Monetary and Financial Code

I. – The members of the Deposit Guarantee and Resolution Fund shall provide it with the financial resources necessary to carry out its duties as set out in Article L. 312-4, both for the mechanisms for which it is responsible and for its operation. These contributions are annual. If necessary, the Deposit Guarantee and Resolution Fund may also raise exceptional contributions. Contributions are payable by members of the fund who…

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Article L312-8 of the French Monetary and Financial Code

Any member who fails to pay the Fonds de Garantie des Dépôts et de Résolution its called-up contribution or who fails to meet its obligations towards the fund as set out in article L. 312-15 is liable to the penalties set out in articles L. 612-39 and L. 612-40 and to late payment penalties paid directly to the fund in accordance with the procedures defined by the fund’s internal regulations.

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Article L312-8-1 of the French Monetary and Financial Code

I. – The Autorité de contrôle prudentiel et de résolution shall determine the method for calculating contributions to the deposit guarantee scheme. These contributions are based on the amount of guaranteed deposits of each member. This base takes into account the risk profile of the various members. The AMF also sets the conditions under which these contributions may be refunded in the event of a downward variation in the base…

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