Section 8: Governance of credit institutions and finance companies

The board of directors, the supervisory board or any other body exercising equivalent supervisory functions shall approve and regularly review the strategies and policies governing the incurrence, management, monitoring and mitigation of the risks to which the credit institution or finance company is or may be exposed, including the risks generated by the economic environment. In the case of a branch of a credit institution mentioned in I of Article…

The persons referred to in Article L. 511-13 are required to be actively involved in the management of all significant risks incurred by the credit institution or finance company as well as in the valuation of assets and the use of external credit ratings and internal models relating to these risks. They shall ensure that adequate resources are allocated to this task.

In order to enable it to carry out the task provided for in Article L. 511-60, the Board of Directors, the Supervisory Board or any other body exercising equivalent supervisory functions shall be informed by the persons referred to in Article L. 511-13 of all significant risks, risk management policies and any changes made thereto. In the case of a branch of a credit institution mentioned in I of Article…

The Board of Directors, the Supervisory Board or any other body exercising equivalent supervisory functions and the persons mentioned in article L. 511-13 are required to devote sufficient time to carrying out the duties mentioned in articles L. 511-60 to L. 511-62.

Credit institutions and finance companies shall set up a risk management function that is independent of operational functions and has adequate resources to enable it to carry out its mission. Credit institutions and finance companies shall appoint a head of the risk management function. Where the head of the risk management function is not a person referred to in Article L. 511-13, nor a deputy chief executive officer nor a…

The head of the risk management function may not be removed from office without the prior approval of the Board of Directors, the Supervisory Board or any other body exercising equivalent supervisory functions. The head of the risk management function may, where appropriate, appeal directly to the Board of Directors, the Supervisory Board or any other body exercising equivalent supervisory functions.

If necessary, in the event of changes in the risks affecting or likely to affect the credit institution or finance company, the head of the risk management function may report directly to the Board of Directors, the Supervisory Board or any other body exercising equivalent supervisory functions, without referring to the persons mentioned in Article L. 511-13.

The Board of Directors, the Supervisory Board or any other body exercising equivalent supervisory functions shall determine the guidelines and monitor the implementation by the persons referred to in Article L. 511-13 of supervisory arrangements to ensure the efficient and prudent management of the institution, in particular the separation of functions within the organisation of the credit institution or finance company and the prevention of conflicts of interest. In the…

The persons referred to in Article L. 511-13 shall ensure the integrity of the accounting and financial reporting systems.

The board of directors, the supervisory board or any other body exercising equivalent supervisory functions shall monitor the publication and communication process and the quality and reliability of the information to be published and communicated by the credit institution or finance company.