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Article R613-22 of the French Monetary and Financial Code

Claims that are not mentioned in article R. 613-20 may, by way of derogation from the provisions of article 66 of decree no. 85-1388 of 27 December 1985 mentioned above, be declared until the expiry of a period of two months from the publication measure provided for in article R. 613-21. These claims are then published, at the request of the creditors’ representative or the liquidator, in the Bulletin officiel…

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Article R613-23 of the French Monetary and Financial Code

Notwithstanding the provisions of articles R. 814-27 and R. 814-28 of the French Commercial Code, the remuneration of the judicial administrator, the judicial representative and the liquidator of a credit institution, a finance company, an electronic money institution, a payment institution or an investment firm is, on the basis of a statement of expenses and supporting evidence, determined by the president of the court, after consultation with the bankruptcy judge…

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Article R613-24 of the French Monetary and Financial Code

I. – Where the competent court or the Autorité de contrôle prudentiel et de résolution decides to take a reorganisation or winding-up measure in respect of a credit institution with one or more branches in another Member State within the meaning of Article L. 613-31-1, the Autorité de contrôle prudentiel et de résolution shall immediately inform the competent authority for the supervision of credit institutions in each Member State concerned….

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Article R613-25 of the French Monetary and Financial Code

I. – The administrator or liquidator appointed in the context of proceedings initiated in respect of a credit institution having its registered office in France shall cause an extract of the following measures to be published as soon as possible in the Official Journal of the European Union and in two newspapers having national circulation in each Member State in which the institution has a branch: 1° The measures referred…

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Article R613-26 of the French Monetary and Financial Code

I. – Pursuant to article 66 of decree no. 85-1388 of 27 December 1985 referred to in II of article R. 613-25, the judicial representative shall notify known creditors that they are required to declare their claims to him. This notice is entitled: “Invitation to file a claim. Délais à respecter”. This heading is written in all the official languages of the European Union. The judicial representative also sends known…

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Article R613-27 of the French Monetary and Financial Code

In the event of the implementation of a reorganisation measure or the opening of winding-up proceedings in respect of a credit institution, proof of the appointment of an administrator or liquidator by the Member State within the territory of which the registered office of that institution is situated shall be established by the presentation of a certified copy of the original of the instrument appointing him or of any other…

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Article R613-28 of the French Monetary and Financial Code

I.-A security, claim, instrument or right is deemed to be unstructured within the meaning of 4° of I of Article L. 613-30-3 a security, claim, instrument or right that has the following characteristics: 1° The principal issued or borrowed, its repayment and the payment of interest or coupons are denominated in euros or in a single currency; 2° The minimum initial maturity of the security, debt claim, instrument or right…

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Article R613-31 of the French Monetary and Financial Code

I. – Where the Autorité de contrôle prudentiel et de résolution, pursuant to I of Article L. 613-32-1, requests the authority responsible for supervision on a consolidated basis of a group or the competent authorities within the meaning of Articles L. 511-21 or L. 532-16 that a branch be considered to be of material importance, it shall justify its request by means of the information referred to in Article R….

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Article R613-32 of the French Monetary and Financial Code

When the Autorité de contrôle prudentiel et de résolution receives a request pursuant to II of Article L. 613-32-1 that a branch of a Class 1a credit institution or investment firm referred to in Articles L. 511-27 or L. 532-23, respectively, be considered to be of significant importance, it shall consult with the other competent authorities of the Member States concerned in order to reach a joint decision within two…

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Article R613-33 of the French Monetary and Financial Code

I. – Pursuant to IV of Article L. 613-32-1, the Autorité de contrôle prudentiel et de résolution establishes a college of supervisors when a class 1 bis credit institution or investment firm subject to its supervision meets the following conditions: 1° This class 1 bis credit institution or investment firm has established branches of significant importance in other Member States of the European Union or parties to the agreement on…

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