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Article R*425-1 of the French Monetary and Financial Code

Silence on the part of the administration shall constitute a decision to reject : 1° Applications for initial approval of the rules of an organised trading system made pursuant to the third paragraph of Article L. 425-2; 2° Requests to amend the rules of an organised trading system made pursuant to the third paragraph of Article L. 425-2.

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Article D425-3 of the French Monetary and Financial Code

The Autorité des marchés financiers shall notify the European Securities and Markets Authority of any authorisation granted to an investment services provider other than a portfolio management company to provide the investment service referred to in Article 9 of L. 321-1 and of any authorisation granted to a market undertaking to operate an organised trading system.

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Article R440-1 of the French Monetary and Financial Code

In the cases referred to in the second, third and fourth paragraphs of Article L. 440-1, the Autorité des marchés financiers and the Banque de France shall give their opinion at least five business days before the expiry of the periods provided for in Articles 17 to 19, 31 and 54 of Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on over-the-counter…

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Article D440-2 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution, when requiring that a clearing house be subject to authorisation by the European Central Bank as a credit institution within the meaning of Article 4 of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012, shall take into account at…

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Article D440-3 of the French Monetary and Financial Code

The bodies or undertakings referred to in Article 7 of L. 440-2 meet the following conditions: they do not offer clearing services on behalf of third parties; -they belong to one of the following categories: -undertakings for collective investment in transferable securities authorised in accordance with Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating…

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Article D452-1 of the French Monetary and Financial Code

The authorisation of associations whose express statutory purpose is the defence of investors in transferable securities or financial products provided for in the third paragraph of Article L. 452-1 may be granted to any association which, on the date of the application for authorisation, has been in existence for six months from the date of its declaration. During the six months preceding the date of the application, the association must…

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Article D452-2 of the French Monetary and Financial Code

In order for the association to obtain approval, its managing members, within the meaning of article 5 of the aforementioned law of 1st July 1901, must meet the following conditions: 1° Be of legal age; 2° Proof of : a) either a baccalaureate or equivalent diploma ; b) or appropriate professional training in the economic, legal and financial fields; or c) at least two years’ professional experience in the economic,…

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Article D452-3 of the French Monetary and Financial Code

Approval is granted by the prefect of the département in which the association has its registered office, after consulting the public prosecutor and the Autorité des marchés financiers. It is published in the Journal officiel de la République française. The opinion of the public prosecutor is given by the public prosecutor of the court of appeal in whose jurisdiction the association has its registered office. Approval is granted for three…

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Article D452-4 of the French Monetary and Financial Code

When several associations, at least one of which is approved, become one, approval must be sought again. In this case, the seniority criterion mentioned in article L. 452-1 is assessed from the date of creation of the oldest of the associations that already had approval. When approval is requested by a federation of associations, the criterion of the number of contributing members is assessed on the basis of the number…

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