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Article R613-6 of the French Monetary and Financial Code

For the purposes of Article L. 613-21-4, the decision taken by the Autorité de contrôle prudentiel et de résolution, either individually or on a sub-consolidated basis, shall be duly reasoned. It shall take into account the risk assessment, opinions and reservations, expressed within the time limits mentioned in Article R. 613-1 A, of the other competent authorities of the other Member States of the European Union or parties to the…

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Article R613-8 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution may submit to the supervisory authority on a consolidated basis a duly reasoned written request to update the decisions it has taken concerning the level of the parent undertaking’s capital or liquidity requirements referred to in II and VI of Article L. 511-41-3.

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Article R613-9 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution may request from the authority responsible for supervision on a consolidated basis information concerning the implementation of approaches and methods provided for in Book V of this Code or in Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013.

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Article R613-10 of the French Monetary and Financial Code

When the Autorité de contrôle prudentiel et de résolution considers that a liquidator should be appointed pursuant to Article L. 613-24, it shall inform the credit institution, finance company, electronic money institution, payment institution or undertaking concerned, by registered letter with acknowledgement of receipt sent to its legal representative or by any other means that ensures receipt by the said representative, of the reasons why it intends to make such…

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Article R613-11 of the French Monetary and Financial Code

The representative of the credit institution, finance company, electronic money institution, payment institution or investment firm must send its observations to the Chairman of the Autorité de contrôle prudentiel et de résolution within a period set by the letter referred to in Article R. 613-10. This deadline may not be less than three days. The representative of the institution or undertaking is summoned to appear before the Autorité de contrôle…

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Article R613-12 of the French Monetary and Financial Code

Where it has imposed the measures provided for in Article L. 613-24 without an adversarial procedure, the Autorité de contrôle prudentiel et de résolution shall immediately notify the credit institution, finance company, electronic money institution, payment institution or undertaking concerned and shall then have a period of three months in which to make known its decision to lift or confirm these measures in accordance with the procedure provided for in…

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Article R613-13 of the French Monetary and Financial Code

Decisions to appoint a liquidator shall specify the foreseeable duration of the tasks entrusted and the terms of the monthly remuneration, which shall take account in particular of the nature and volume of the business and the situation of the credit institution or undertaking concerned. Liquidators are appointed for a maximum period of three years, renewable if circumstances so warrant, by a decision of the Autorité de contrôle prudentiel et…

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Article R613-14 of the French Monetary and Financial Code

I. – Before a decision is taken on the opening of safeguard, reorganisation or liquidation proceedings instituted by Book VI of the Commercial Code in respect of a credit institution, finance company, electronic money institution, payment institution, investment firm, member of a clearing house or a financial holding company, investment holding company, investment firm, financial intermediary or financial intermediary, a payment institution, an investment firm, a member of a clearing…

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