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Section 2: Provisions relating to the treatment of credit institutions, finance companies, electronic money institutions, payment institutions and investment firms in difficulty

Article R613-10 of the French Monetary and Financial Code

When the Autorité de contrôle prudentiel et de résolution considers that a liquidator should be appointed pursuant to Article L. 613-24, it shall inform the credit institution, finance company, electronic money institution, payment institution or undertaking concerned, by registered letter with acknowledgement of receipt sent to its legal representative or by any other means that ensures receipt by the said representative, of the reasons why it intends to make such…

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Article R613-11 of the French Monetary and Financial Code

The representative of the credit institution, finance company, electronic money institution, payment institution or investment firm must send its observations to the Chairman of the Autorité de contrôle prudentiel et de résolution within a period set by the letter referred to in Article R. 613-10. This deadline may not be less than three days. The representative of the institution or undertaking is summoned to appear before the Autorité de contrôle…

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Article R613-12 of the French Monetary and Financial Code

Where it has imposed the measures provided for in Article L. 613-24 without an adversarial procedure, the Autorité de contrôle prudentiel et de résolution shall immediately notify the credit institution, finance company, electronic money institution, payment institution or undertaking concerned and shall then have a period of three months in which to make known its decision to lift or confirm these measures in accordance with the procedure provided for in…

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Article R613-13 of the French Monetary and Financial Code

Decisions to appoint a liquidator shall specify the foreseeable duration of the tasks entrusted and the terms of the monthly remuneration, which shall take account in particular of the nature and volume of the business and the situation of the credit institution or undertaking concerned. Liquidators are appointed for a maximum period of three years, renewable if circumstances so warrant, by a decision of the Autorité de contrôle prudentiel et…

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Article R613-14 of the French Monetary and Financial Code

I. – Before a decision is taken on the opening of safeguard, reorganisation or liquidation proceedings instituted by Book VI of the Commercial Code in respect of a credit institution, finance company, electronic money institution, payment institution, investment firm, member of a clearing house or a financial holding company, investment holding company, investment firm, financial intermediary or financial intermediary, a payment institution, an investment firm, a member of a clearing…

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Article R613-15 of the French Monetary and Financial Code

When the court opens safeguard, reorganisation or liquidation proceedings instituted by Book VI of the Commercial Code against one of the persons mentioned in Article R. 613-14, the Registrar shall forward this information, in writing and without delay, to the Autorité de contrôle prudentiel et de résolution.

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Article R613-16 of the French Monetary and Financial Code

The legal representative of a credit institution, finance company, electronic money institution, payment institution or investment firm that intends to file an application to initiate conciliation proceedings must, by registered letter with acknowledgement of receipt or letter delivered against receipt, submit a request for an opinion to the Autorité de contrôle prudentiel et de résolution before referring the matter to the president of the court. This request shall include the…

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Article R613-17 of the French Monetary and Financial Code

When the president of the court issues an order temporarily suspending proceedings against one of the persons referred to in Article R. 613-16, the court clerk shall forward this information, in writing and without delay, to the Autorité de contrôle prudentiel et de résolution.

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Article R613-18 of the French Monetary and Financial Code

I. – The Autorité de contrôle prudentiel et de résolution is required to inform, without delay and by any means, the operator of the systems referred to in Article L. 330-1 in which the person concerned participates and the Banque de France, as well as, in the case of a system for the settlement and delivery of financial instruments, the Autorité des marchés financiers, of the information available to it…

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Article R613-19 of the French Monetary and Financial Code

In the event of the opening of receivership or liquidation proceedings in respect of a credit institution or investment firm, the deposit guarantee and resolution fund referred to in Article L. 312-4, if it intervenes, shall inform each depositor of the amount of the claims excluded from its scope of intervention at the same time as it informs him of the amount and nature of the claims covered by the…

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