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Article D214-227-1 of the French Monetary and Financial Code

The instrument of acceptance provided for in the fourth paragraph of 3° of V of Article L. 214-169 shall include the following information: 1° The title “instrument of acceptance of the assignment or pledge of a business claim”; 2° A reference to the fact that the instrument of acceptance is issued pursuant to the fourth paragraph of 3° of V of Article L. 214-169 and that it has the effects…

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Article D214-228 of the French Monetary and Financial Code

I. – The account specially allocated to the fund, as provided for in article L. 214-173, is a bank account held by a credit institution whose registered office is located in a State party to the Agreement on the European Economic Area or a member of the Organisation for Economic Co-operation and Development, including an existing account opened in the name of any entity responsible for collecting sums due to…

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Article D214-232 of the French Monetary and Financial Code

The securitisation undertakings referred to in II of Article L. 214-167 are those whose purpose is to be exposed, in a proportion exceeding 50% of the undertaking’s assets under the conditions defined in Article D. 214-232-2, to risks in the form of either financial securities or any other asset which does not constitute exposure to an insurance or credit risk, in particular the receivables referred to in Article D. 214-219,…

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Article D214-232-1 of the French Monetary and Financial Code

Notwithstanding the provisions of article D. 214-232, the following securitisation undertakings are excluded from the scope of II of article L. 214-167 : 1° Economic loan funds referred to in I ofarticle R. 332-14-2 of the Insurance Code; 2° Undertakings constituting one or more securitisation transactions within the meaning of Article 4(1)(61) of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013; 3°…

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Article D214-232-2 of the French Monetary and Financial Code

For the purposes of calculating the 50% proportion referred to in Article D. 214-232, account is taken of exposures held directly or indirectly by the securitisation undertaking, including through any third party entity. The following assets and transactions are excluded from the calculation of the 50% proportion referred to in Article D. 214-232: 1° The purchase and holding on a temporary and ancillary basis of the liquid assets referred to…

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Article D214-232-3 of the French Monetary and Financial Code

Any decision by the management company of a securitisation undertaking to buy and sell financial securities, to enter into, manage or terminate financial contracts or to modify all or part of the risks to which the securitisation undertaking is exposed by entering into such contracts does not fall within the discretionary management referred to in Article D. 214-232 when it is taken alternatively: 1° Under the conditions listed exhaustively in…

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Article D214-232-4 of the French Monetary and Financial Code

The liquid assets referred to in a of 1° of Article R. 214-218 eligible for inclusion in the assets of the securitisation undertaking are : 1° Deposits made with a credit institution whose registered office is located in a State party to the Agreement on the European Economic Area or a member of the Organisation for Economic Co-operation and Development, which may be repaid or withdrawn at any time at…

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