Call Us + 33 1 84 88 31 00

Article L613-41 of the French Monetary and Financial Code

I. – When the preventive resolution plans are drawn up and each time they are updated, the resolution board shall assess the extent to which the persons concerned can either be wound up in accordance with the procedures set out in II of Article L. 613-31-2, or be subject to one or more of the resolution measures mentioned in sub-section 10 of this section, while ensuring the continuity of critical…

Read More »

Article L613-41-1 of the French Monetary and Financial Code

I. – Notwithstanding any provision or stipulation to the contrary, the general meeting of any of the persons referred to in I of Article L. 613-34 may delegate to the competent body its authority to decide to issue Tier 1 capital instruments in proportions sufficient to facilitate the implementation of the measures provided for in sub-sections 9 and 10 of this section taken in respect of them or one of…

Read More »

Article L613-41-2 of the French Monetary and Financial Code

Without prejudice to the rules on large exposures set out in Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 in Articles L. 511-41 and L. 533-2, the resolution college shall limit the liabilities that credit institutions and investment firms hold that may be used for internal bailout, with the exception of liabilities relating to entities that are part of the same group…

Read More »

Article L613-42 of the French Monetary and Financial Code

I. – When, at the end of the assessment provided for in I of Article L. 613-41, the resolution board, after obtaining the opinion of the supervisory board, finds that there are significant obstacles to a credit institution or an investment firm being wound up or being subject to resolution measures under the conditions mentioned in I of Article L. 613-41, it shall notify the person concerned, the supervisory board…

Read More »

Article L613-43 of the French Monetary and Financial Code

I. – Where the College of Resolution is the resolution authority on a consolidated basis, it shall carry out the assessment referred to in I of Article L. 613-41 within the framework of the college of resolution authorities set up pursuant to the second paragraph of I of Article L. 613-40. The assessment shall be drawn up in accordance with the conditions set out in III, IV and V of…

Read More »

Article L613-43-1 of the French Monetary and Financial Code

I. – When the consolidated resolution authority of another Member State of the European Union refers a matter to the resolution college in its capacity as resolution authority of a subsidiary in order to carry out the assessment provided for in I of Article L. 613-41, the resolution college shall provide all the cooperation required. It shall carry out this assessment under the conditions laid down in Article L. 613-41….

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.