French Business Law - French Legislation

Article L312-12 of the French Monetary and Financial Code

November 8, 2023

The Management Board consists of at least two members appointed by the Supervisory Board, one of whom is appointed Chairman. The members of the Management Board may not at the same time hold office in any of the institutions or companies that are members of the guarantee fund, or receive remuneration from any of them. The Chairman of the Management Board may only perform his duties after approval by the…

Article L312-13 of the French Monetary and Financial Code

November 8, 2023

The Minister for Economic Affairs, the Governor of the Banque de France, Chairman of the Autorité de contrôle prudentiel et de résolution, the Chairman of the Autorité des marchés financiers or their representative may, at their request, be heard by the Supervisory Board and the Management Board.

Article L312-14 of the French Monetary and Financial Code

November 8, 2023

The members of the Management and Supervisory Boards and any person who, by virtue of their duties, has access to documents and information held by the guarantee fund are bound by professional secrecy. This secrecy may not be invoked against the judicial authorities acting in criminal proceedings, the administrative or civil courts ruling on an appeal against a decision of the Fonds de Garantie des Dépôts et de Résolution, or…

Article L312-15 of the French Monetary and Financial Code

November 8, 2023

I. – In the performance of its compensation mission provided for in I of Article L. 312-5, the fonds de garantie des dépôts et de résolution shall have access to information held by its members, by the Autorité de contrôle prudentiel et de résolution, its supervisory board or its resolution board and which is necessary for the organisation, preparation and performance of its mission, including information covered by the professional…

Article L312-16 of the French Monetary and Financial Code

November 8, 2023

Orders issued by the Minister for the Economy specify: 1° The conditions, deadlines and procedures for implementing the guarantee provided for in article L. 312-4-1 and I of article L. 312-5 ; 2° The compensation ceiling per member and per depositor or other beneficiary, as well as the conditions for exceeding this ceiling, on the one hand, at the request of the depositor in the case of temporary exceptional deposits…

Article L312-18 of the French Monetary and Financial Code

November 8, 2023

An order of the Minister for the Economy, issued after consultation with the Autorité des marchés financiers, sets the conditions under which credit institutions and investment firms authorised in another State party to the Agreement on the European Economic Area may join the guarantee fund.

Article L312-19 of the French Monetary and Financial Code

November 8, 2023

I. – Each year, the credit institutions mentioned in Title I of Book V and the electronic money and payment institutions mentioned in Title II of the same book shall draw up a list of inactive accounts opened in their books. An account is considered to be inactive : 1° Either at the end of a twelve-month period during which both of the following conditions are met: a) No transactions…

Article L312-20 of the French Monetary and Financial Code

November 8, 2023

I. – Deposits and assets held in dormant accounts mentioned in article L. 312-19 are deposited with the Caisse des dépôts et consignations: 1° For dormant accounts mentioned in 1° of I of the same article L. 312-19, at the end of a period of ten years from the date of the last transaction, excluding the recording of interest and the debiting by the institution holding the account of fees…

Article L312-21 of the French Monetary and Financial Code

November 8, 2023

If I of article L. 312-5 is implemented, any sums due to holders of dormant accounts, within the meaning of article L. 312-19, are deposited by the fonds de garantie des dépôts et de résolution at the Caisse des dépôts et consignations on behalf of the holder, without waiting for the expiry of the periods mentioned in I of article L. 312-20. Before making this deposit, the fonds de garantie…

Article L312-21-1 of the French Monetary and Financial Code

November 8, 2023

The credit institutions referred to in Title I of Book V of this Code shall send by electronic means, at least once a year, to the group referred to in the first paragraph of Article L. 161-17-1 of the Social Security Code the information required to implement the provisions of Article L. 224-7-1 of this Code.

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French Monetary and Financial Code

Article L312-12 of the French Monetary and Financial Code

Article L312-13 of the French Monetary and Financial Code

Article L312-14 of the French Monetary and Financial Code

Article L312-15 of the French Monetary and Financial Code

Article L312-16 of the French Monetary and Financial Code

Article L312-18 of the French Monetary and Financial Code

Article L312-19 of the French Monetary and Financial Code

Article L312-20 of the French Monetary and Financial Code

Article L312-21 of the French Monetary and Financial Code

Article L312-21-1 of the French Monetary and Financial Code

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French Monetary and Financial Code

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