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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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Article R613-34 of the French Monetary and Financial Code

For the purposes of Article L. 613-33, where the Autorité de contrôle prudentiel et de résolution finds that an institution is infringing or is likely to infringe the provisions of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013, Chapter I of Title I of Book V of this Code or the regulatory provisions adopted for their application, it shall inform the competent…

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Article R613-35 of the French Monetary and Financial Code

In an emergency, the Autorité de contrôle prudentiel et de résolution may, before initiating the procedure provided for in Article R. 613-34 or pending the measures to be taken by the home Member State, take any protective measure provided for in Article L. 612-33 to protect against instability in the financial system that could seriously threaten the collective interests of depositors, investors and customers in France. Any measure taken in…

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Article R613-36 of the French Monetary and Financial Code

Notwithstanding Articles R. 613-34 and R. 613-35, the Autorité de contrôle prudentiel et de résolution shall exercise over the institutions mentioned in Articles L. 511-22 and L. 511-23 the supervisory and sanctioning powers defined in Sections 5 to 7 of Chapter II of this Title in order to prevent or sanction breaches of the provisions applicable to them in accordance with Article L. 511-24 as well as breaches of rules…

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Article R613-37 of the French Monetary and Financial Code

Where an institution carrying on business in another Member State of the European Union or in another State party to the Agreement on the European Economic Area, in accordance with Articles L. 511-27 and L. 511-28, infringes or is likely to infringe a provision in force in the territory of that State which is applicable to it, the Autorité de contrôle prudentiel et de résolution, informed by the competent authorities…

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Article R613-37-1 of the French Monetary and Financial Code

For the purposes of Article L. 613-33-4, before conducting an on-site inspection of the French branch of an investment firm referred to in Article L. 532-18-1, the Autorité de contrôle prudentiel et de résolution shall consult the competent authorities of the home country of the firm. Once the on-site inspection has been completed, the AMF shall promptly provide the competent authorities of the home country of the investment firm with…

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Article R613-38 of the French Monetary and Financial Code

When, pursuant to I of Article L. 613-33-2 , the Autorité de contrôle prudentiel et de résolution initiates disciplinary proceedings against a payment institution referred to in 1° of II of Article L. 522-13 acting under the freedom of establishment, it shall send the letter referred to in Article R. 612-36 to the competent authorities of the home State. It shall also send these authorities any observations in response sent…

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Article R613-39 of the French Monetary and Financial Code

When, pursuant to I of Article L. 613-33-3 , the Autorité de contrôle prudentiel et de résolution initiates disciplinary proceedings against an electronic money institution referred to in I of Article L. 526-24 acting under the freedom of establishment, it shall send the competent authorities of the home State the letter referred to in Article R. 612-36. It shall also send these authorities any observations in response sent by the…

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