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Chapter VII: Financial holding companies, parent companies of finance companies, mixed financial holding companies, financial conglomerates, mixed holding companies, mixed parent companies of finance companies and investment holding companies

Article L517-8 of the French Monetary and Financial Code

Regulated entities in a financial conglomerate are subject to supplementary requirements regarding capital adequacy, intra-group transactions between different entities in the conglomerate, risk concentration, risk management procedures and internal control mechanisms. The Autorité de contrôle prudentiel et de résolution may set quantitative limits to any risk concentration at the level of the financial conglomerate or take other supervisory measures to achieve the objectives of supplementary supervision with regard to any…

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Article L517-9 of the French Monetary and Financial Code

I. – Mixed financial holding companies whose coordinator is the Autorité de contrôle prudentiel et de résolution are subject to the provisions of the second paragraph of Article L. 511-13 and to the provisions of Articles L. 511-33 to L. 511-38 and L. 511-41 . They also ensure that their subsidiaries properly apply the governance provisions of this Book and take the necessary measures to ensure that governance is appropriate…

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Article L517-10 of the French Monetary and Financial Code

Mixed holding companies and mixed parent companies of finance companies are subject to the provisions of Articles L. 511-33, L. 511-34, L. 511-41, I of Article L. 511-57, the second paragraph of Article L. 511-41-4 and Article L. 571-4 . They are also subject to the provisions of articles L. 612-20, L. 612-21, L. 612-24 to L. 612-27, L. 612-31 and L. 612-40 as well as article L. 612-23 for…

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Article L517-11 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution shall ensure that an intermediate parent undertaking is set up at the head of a group whose parent undertaking is established in a third country where the total value of its assets exceeds forty billion euros and provided that there is no other intermediate parent undertaking in the EU. The Autorité de contrôle prudentiel et de résolution shall authorise the establishment of…

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Article L517-11-1 of the French Monetary and Financial Code

Within investment holding companies, the persons referred to in Article L. 532-2.4 and the members of the board of directors, the supervisory board, the management board or any other body exercising equivalent functions must at all times be of sufficiently good repute and have the experience, knowledge and skills required to perform their duties.

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Article L517-11-2 of the French Monetary and Financial Code

Where the parent undertaking of an investment firm is a mixed-activity holding company, the Autorité de contrôle prudentiel et de résolution responsible for the supervision of the investment firm may monitor transactions between the investment firm, the mixed-activity holding company and subsidiaries of the mixed-activity holding company, and require the investment firm to implement adequate risk management and internal control procedures, including sound reporting and accounting procedures, to identify, measure,…

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Article L517-12 of the French Monetary and Financial Code

The financial holding companies referred to in the fourth and fifth paragraphs of Article L. 517-1, the parent undertakings of finance companies referred to in the sixth and seventh paragraphs of Article L. 517-1 and the mixed financial holding companies referred to in the fourth and fifth paragraphs of Article L. 517-4-1 seek the approval of the Autorité de contrôle prudentiel et de résolution when the latter is responsible for…

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Article L517-13 of the French Monetary and Financial Code

Before granting approval to a financial holding company, a parent undertaking of a finance company or a mixed financial holding company, the Autorité de contrôle prudentiel et de résolution shall verify that the following conditions are met: 1° The internal arrangements and allocation of tasks within the group are appropriate to the objective of complying with prudential requirements on a consolidated or sub-consolidated basis and, in particular, are effective in…

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Article L517-14 of the French Monetary and Financial Code

The approval of the Autorité de contrôle prudentiel et de résolution is not required when all the following conditions are met: 1° The principal activity of the financial holding company or the parent undertaking of a finance company is to acquire interests in subsidiaries or, in the case of a mixed financial holding company, its principal activity as regards financial institutions or undertakings is to acquire interests in subsidiaries ;…

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Article L517-15 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution, where it is the authority responsible for supervision on a consolidated basis, continuously monitors compliance with the conditions set out in Article L. 517-13 or, where applicable, Article L. 517-14. Financial holding companies, parent undertakings of finance companies and mixed financial holding companies shall provide the Autorité de contrôle prudentiel et de résolution with the information required to ensure ongoing monitoring of…

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