Section 7: Prudential provisions

I. – Credit institutions and finance companies are required to comply with management standards designed to guarantee their liquidity and solvency vis-à-vis depositors and, more generally, third parties, as well as the balance of their financial structure. In particular, they must comply with coverage and risk-spreading ratios. To comply with solvency and liquidity standards, they may be authorised to use their internal risk assessment approaches. Credit institutions and finance companies…

I. – Credit institutions and finance companies are subject to an additional capital requirement over and above the requirements laid down respectively in part three of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 for credit institutions and in the Order of the Minister for the Economy mentioned in Article L. 611-1 for finance companies. This additional requirement constitutes the overall capital…

Credit institutions and finance companies shall put in place systems, strategies and procedures, which shall be subject to the regular internal control referred to in Article L. 511-55, enabling them to identify, measure and manage the risks to which they are or could be exposed as a result of their activities. These risks include in particular credit and counterparty risk, including residual risk, concentration risk linked to exposures to counterparties,…

The Autorité de contrôle prudentiel et de résolution shall assess and monitor the systems, strategies and procedures implemented by credit institutions and finance companies to identify, measure and manage the risks to which they are or could be exposed, as defined in Article L. 511-41-1 B. The AMF also assesses the resulting level of capital. The AMF monitors the use by credit institutions and finance companies of internal approaches to…

Where the parent undertaking of a credit institution or a finance company is a credit institution, an investment firm, a financial holding company, a mixed financial holding company or a parent undertaking of a finance company which has its registered office in a State which is not a party to the Agreement on the European Economic Area, the Autorité de contrôle prudentiel et de résolution shall verify, on its own…

Credit institutions and finance companies whose subsidiaries include at least one credit institution, investment firm or financial institution within the meaning of Article L. 511-21, or which hold an equity interest in such an institution or undertaking are required to comply, on the basis of their consolidated financial position within the meaning of Article 4(1) 47 of Regulation (EU) No 575/2013 of the European Parliament and of the Council of…

I.-The Autorité de contrôle prudentiel et de résolution may order a person referred to in 1°, 4°, 9° and 10° of A of I of Article L. 612-2, a class 1 bis investment firm or, with the exception of firms referred to in 2° of I of Article L. 613-34 which are not Class 1a investment firms, to a person mentioned in I and, where applicable, II of this Article…

The Autorité de contrôle prudentiel et de résolution may require credit institutions and finance companies to publish more than once a year, within the timeframes it determines, the information referred to in Part Eight of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 and to use, for publications other than their financial statements, specific media and publication supports that it designates. The…

I. – Without prejudice to Articles L. 511-41-3 and L. 612-30 to L. 612-34, the Autorité de contrôle prudentiel et de résolution may order a credit institution, a class 1 bis investment firm or a finance company referred to in II of Article L. 613-34 to take one or more of the early intervention measures mentioned in II when, as a result in particular of a rapid deterioration in its…

Where it appears that the situation of a credit institution or finance company so warrants, the Governor of the Banque de France, Chairman of the Autorité de contrôle prudentiel et de résolution, shall, after obtaining the opinion of the Autorité de contrôle prudentiel et de résolution, except in an emergency, invite the shareholders or members of that undertaking to provide it with the necessary support. In cases where the credit…