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Article L613-55-11 of the French Monetary and Financial Code

I. – When the collège de résolution implements a measure in application of the provisions of sub-section 9 of this section, of I of Article L. 613-55, of 1° of I of Article L. 613-55-4, of I of Article L. 613-56 and of Article L. 613-56-1, notwithstanding any provision or stipulation to the contrary, the measures to reduce the principal or the sums due, to convert or to cancel shall…

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Article L613-55-12 of the French Monetary and Financial Code

The conversion of eligible liabilities or additional tier 1 or tier 2 capital instruments into equity securities as referred to in Chapter II of Title I of Book II or into other forms of property is effected ipso jure, without the benefit of any governing provision of the Articles of Association or any stipulation that would prevent such conversion or make it subject to a specific procedure.

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Article L613-55-13 of the French Monetary and Financial Code

I. – Where a commitment governed by the law of a third country is not excluded under I of Article L. 613-55-1 or does not constitute a deposit mentioned in the first indent of 6° of I of Article L. 613-55-5, the persons mentioned in I of Article L. 613-34 include in the contract governing this commitment a clause stipulating that the creditor acknowledges that the commitment may be converted…

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Article L613-56 of the French Monetary and Financial Code

I. – The collège de résolution may require the issue of new equity securities mentioned in Chapter II of Title I of Book II or other ownership securities or other equity instruments, including preference shares and conditional convertible instruments by the following persons 1° The persons mentioned in I of Article L. 613-34 subject to a resolution procedure ; 2° A parent institution in a Member State, a parent institution…

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Article L613-56-1 of the French Monetary and Financial Code

I. – Except in the cases provided for in 2° of I of Article L. 613-55-1, the resolution college may cancel debt instruments and other eligible commitments issued by a person referred to in I of Article L. 613-34 subject to a resolution procedure. II. – The resolution board may modify the maturity of debt instruments and other commitments eligible for internal bail-in issued by a person referred to in…

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Article L613-56-2 of the French Monetary and Financial Code

I. – Subject to the provisions of III and V of Article L. 613-57-1, the collège de résolution may release the financial instruments defined in Article L. 211-1, rights, assets or commitments of the person in question from any commitment or security when they are transferred. A right to compensation granted under the provisions of this section may not be considered as a commitment or security within the meaning of…

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Article L613-56-3 of the French Monetary and Financial Code

I. – For the purposes of implementing Article L. 613-55-6, the resolution board may automatically terminate the financial and derivative contracts mentioned in Sections 4 to 10 of Section C of Annex I to Directive 2004/39/EU of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council…

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Article L613-56-4 of the French Monetary and Financial Code

The resolution college may suspend any obligation to pay or deliver financial instruments resulting from a contract to which a person mentioned in I of Article L. 613-34 subject to a resolution procedure is bound. This suspension takes effect from the publication of the notice of suspension referred to in III of Article L. 613-58 and ends at midnight on the business day following the day of publication. The collège…

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Article L613-56-5 of the French Monetary and Financial Code

I. – Provided that the guarantee or payment and financial instrument delivery obligations under the contract continue to be performed, the resolution college may suspend the termination rights of any party to a contract entered into with: 1° A person referred to in I of Article L. 613-34 subject to a resolution procedure ; 2° A subsidiary of the person mentioned in 1° when the following conditions are met: a)…

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Article L613-56-6 of the French Monetary and Financial Code

At the request of the resolution board and under the conditions and for the period it has determined, the Chairman of the Autorité des marchés financiers or his representative shall require the market undertaking to suspend all or part of the trading in financial instruments admitted to a regulated market and issued by a person referred to in I of Article L. 613-34 that has been the subject of a…

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