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Article L621-18-5 of the French Monetary and Financial Code

I. – The Autorité des marchés financiers shall issue the authorisation provided for in paragraph 2 of Article 18 of Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, management and other aspects of the auctioning of greenhouse gas emission allowances. The General Regulation specifies the conditions for issuing and withdrawing this authorisation, where appropriate after consulting the Energy Regulation Commission. II. – The Autorité des marchés…

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Article L621-18-6 of the French Monetary and Financial Code

The Autorité des marchés financiers is responsible for applying the provisions of Articles 4, 5, 9 and 10 of Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories with regard to compliance with clearing, notification and reporting obligations by counterparties to a financial contract within the meaning of that Regulation. The notification of intra-group transactions…

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Article L621-18-7 of the French Monetary and Financial Code

The Autorité des marchés financiers may be delegated by the European Securities and Markets Authority under the conditions laid down in Article 74 of Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories to supervise trade repositories.

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Article L621-18-8 of the French Monetary and Financial Code

The AMF shall assess the risks that may arise from the use of leverage by an AIF or its management company. It may, where it considers it necessary to ensure the stability and integrity of the financial system, after notifying the European Securities and Markets Authority, the European Systemic Risk Board and the competent authorities of the AIF concerned, impose limits on the level of leverage which it has authorised…

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Article L621-19 of the French Monetary and Financial Code

I. – The AMF Ombudsman is appointed by the AMF Chairman on the advice of the AMF Board for a renewable term of three years. The Ombudsman is empowered to receive complaints from any interested party that fall within the remit of the Autorité des marchés financiers and to take appropriate action. It carries out its mediation role with regard to consumers under the conditions laid down in Title I…

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Article L621-20 of the French Monetary and Financial Code

For the application of provisions falling within the remit of the Autorité des marchés financiers, civil, criminal or administrative courts may call upon the chairman of the Autorité des marchés financiers or his representative to file submissions and to develop them orally at the hearing, without prejudice to the provisions of Article L. 466-1.

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Article L621-20-1 of the French Monetary and Financial Code

If, in the course of its duties, the Autorité des marchés financiers becomes aware of a crime or offence, it must immediately notify the public prosecutor and forward to the latter all information, reports and documents relating thereto. Subject to the provisions of the third paragraph of Article L. 632-16, the public prosecutor may obtain from the AMF disclosure of all information held by the AMF in the performance of…

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Article L621-20-2 of the French Monetary and Financial Code

I. – The Autorité des marchés financiers is the competent authority within the meaning of Article 32 of Regulation (EU) No 236/2012 of the European Parliament and of the Council of 14 March 2012 on short selling and certain aspects of credit default swaps. II. – Pursuant to I, the AMF may impose penalties for any breach of the provisions of the said Regulation under the conditions set out in…

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Article L621-20-3 of the French Monetary and Financial Code

The Autorité des marchés financiers may take any measures required to ensure the proper functioning of the markets if the activity of one or more AIFs on the market for a financial instrument could jeopardise the proper functioning of that market. This article applies to AIFs 1° Relevant to II of Article L. 214-24, excluding those mentioned in its last paragraph, and excluding AIFs relevant to I of Article L….

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