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Article L613-56-7 of the French Monetary and Financial Code

The resolution college may take any measure necessary to implement a measure taken pursuant to sub-section 9 of this section, I of Article L. 613-55, 1° of I of Article L. 613-55-4, I of Article L. 613-56 and Article L. 613-56-1, including: 1° Modification of all relevant registers ; 2° Removal from trading of equity securities mentioned in Chapter II of Title I of Book II or other securities or…

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Article L613-56-8 of the French Monetary and Financial Code

I.-The collège de résolution may suspend any obligation to pay or deliver financial instruments resulting from a contract to which a person referred to in I of Article L. 613-34 is bound if all of the following conditions are met: 1° It has been established that the person’s default is actual or foreseeable within the meaning of II of Article L. 613-48 ; 2° There is no reasonable prospect that…

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Article L613-56-9 of the French Monetary and Financial Code

I.-Any financial contract entered into by a person referred to in I of Article L. 613-34 and governed by the legislation of a third country shall include a clause stipulating that the parties acknowledge that they may be subject to the exercise by the resolution college of the powers to suspend or restrict the rights and obligations referred to in II of L. 613-56-2, L. 613-56-4, L. 613-56-5 or L….

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Article L613-57 of the French Monetary and Financial Code

I. – The collège de résolution shall ensure that no holder of equity securities referred to in Chapter II of Title I of Book II or of other ownership securities or creditor of a person referred to in I of Article L. 613-34, and the fonds de garantie des dépôts et de résolution under Article L. 613-55-5, does not incur or suffer, as a result of a measure to transfer…

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Article L613-57-1 of the French Monetary and Financial Code

I. – When it orders the transfer of part of the assets, rights and obligations of a person subject to resolution proceedings to another entity or when it implements a measure provided for in II of Article L. 613-56-3, the resolution board shall ensure, subject to the provisions of Articles L. 613-50-4, L. 613-56-2, L. 613-56-4 and L. 613-56-5, the protection of collateral agreements, netting agreements, covered bonds and structured…

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Article L613-57-2 of the French Monetary and Financial Code

The implementation of a measure for the partial transfer of the assets, rights and obligations of a person subject to resolution proceedings or of a measure pursuant to II of Article L. 613-56-3 shall not affect the proper functioning and the rules governing the systems referred to in Article L. 330-1.

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Article L613-58 of the French Monetary and Financial Code

I. – When it has adopted a resolution measure in respect of a person referred to in I of Article L. 613-34, the resolution board shall fulfil the obligations set out in II and III as soon as circumstances permit. II. – The resolution board shall notify its decision to the following persons and authorities: 1° Le ministre chargé de l’économie ; 2° The European Commission ; 3° The European…

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Article L613-58-1 of the French Monetary and Financial Code

The annulment of measures taken in application of sub-sections 9 and 10 does not affect the validity of the acts taken for their application when the calling into question of these acts is likely to prejudice the interests of third parties, except in the case of fraud on the part of the latter. In the case provided for in the previous paragraph, compensation for claimants is limited to compensation for…

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Article L613-59 of the French Monetary and Financial Code

I. – Subject to Article L. 613-59-1, where the resolution college exercises the powers provided for in this section at group level, it shall set up a college of resolution authorities to carry out the tasks referred to in Articles L. 613-40, L. 613-40-1, L. 613-43, L. 613-43-1, L. 613-44, R. 613-46-5, L. 613-60, L. 613-60-1 and L. 613-60-2. 613-40, L. 613-40-1, L. 613-43, L. 613-43-1, L. 613-44, R. 613-46-5,…

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Article L613-59-1 of the French Monetary and Financial Code

I. – Where a credit institution, an investment firm or a parent undertaking established in a non-EU Member State has in France and in at least one other EU Member State a subsidiary or branch considered to be of significant importance both by France and by another EU Member State, the collège de résolution shall set up, jointly with the resolution authorities of the Member States concerned, a college of…

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