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French Monetary and Financial Code

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Article L613-76 of the French Monetary and Financial Code

November 7, 2023

I.-Articles L. 632-1 to L. 632-4 of the French Commercial Code are not applicable to measures decided or authorised by the resolution college pursuant to Title V of Regulation (EU) 2021/23. II.-Notwithstanding any provision or stipulation to the contrary, the general meeting of a clearing house may, by a two-thirds majority, issue a notice convening a general meeting or amend its articles of association in order to allow a general…

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Article L613-77 of the French Monetary and Financial Code

November 7, 2023

I.-Notwithstanding any provision or stipulation to the contrary, contributions within the meaning ofArticle 1843-3 of the French Civil Code and Book II of the French Commercial Code and capital increases, reductions or amortisations decided under Title V of Regulation (EU) 2021/23 are carried out ipso jure on the date set by the resolution college, without the need for any formality or being subject to any procedure, in particular the convening…

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Article L614-1 of the French Monetary and Financial Code

November 7, 2023

The Comité Consultatif du Secteur Financier is responsible for studying issues relating to relations between credit institutions, finance companies, electronic money institutions, payment institutions, investment firms, portfolio management companies and insurance companies on the one hand, and their respective customers on the other, and for proposing any appropriate measures in this area, in particular in the form of opinions or general recommendations. Matters may be referred to the Committee by…

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Article L614-2 of the French Monetary and Financial Code

November 7, 2023

The Comité Consultatif de la Législation et de la Réglementation Financières (CCLRF) is consulted by the Minister for the Economy on all draft laws, ordinances and proposed Community regulations and directives prior to their examination by the Council of the European Union, dealing with issues relating to the insurance sector, the banking sector, electronic money issuers, payment service providers and investment firms, with the exception of texts relating to the…

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Article L614-3 of the French Monetary and Financial Code

November 7, 2023

Employees who are members of the Comité consultatif du secteur financier or the Comité consultatif de la législation et de la réglementation financières have the necessary time to prepare for, attend and participate in meetings. This time is treated as actual work for the purposes of determining entitlement to social security benefits. The employees concerned must inform their employer when they are appointed and, for each meeting, as soon as…

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Article L615-1 of the French Monetary and Financial Code

November 7, 2023

The Minister for the Economy shall appoint a Government Commissioner to any central body mentioned in Article L. 511-30, credit institution or finance company where the State has entrusted them with public authority prerogatives or a public interest mission. A decree defines the terms of application of this article. In particular, it shall specify the conditions under which the Government Commissioner may oppose the decisions of the decision-making bodies of…

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Article L621-1 of the French Monetary and Financial Code

November 7, 2023

The Autorité des marchés financiers (AMF), an independent public authority, ensures the protection of savings invested in financial instruments, the units referred to inArticle L. 229-7 of the Environmental Code and the assets referred to in II of Article L. 421-1 of this Code that are offered to the public or admitted to trading on a regulated market and in any other investments offered to the public. It also ensures…

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Article L621-2 of the French Monetary and Financial Code

November 7, 2023

I.-The Autorité des marchés financiers shall consist of a Board, an Enforcement Committee and, where applicable, specialised commissions and consultative committees. Unless otherwise provided, the powers conferred on the Autorité des marchés financiers are exercised by the Board. II – The Board comprises sixteen members: 1° A Chairman, appointed by decree of the President of the Republic ; 2° A member of the Conseil d’Etat appointed by the Vice-President of…

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Article L621-3 of the French Monetary and Financial Code

November 7, 2023

I. – The Director General of the Treasury or his representative sits on all panels of the AMF, with the exception of the Enforcement Committee, without the right to vote. The Director General of the Treasury or his representative may, except in the case of sanctions, request a second deliberation under conditions set by decree in the Conseil d’Etat. II. – The decisions of each AMF panel are taken by…

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Article L621-4 of the French Monetary and Financial Code

November 7, 2023

I. – (Repealed). II. – The staff and agents of the Autorité des marchés financiers, its appointed experts and the experts appointed to the Consultative Commissions referred to in III of Article L. 621-2 are bound by professional secrecy under the conditions and subject to the penalties laid down in Article L. 642-1. This secrecy may not be invoked against the judicial authority acting in the context of either criminal…

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75001, Paris France
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75001, Paris France
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