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Article D612-53 of the French Monetary and Financial Code

November 5, 2023

Any person referred to in the first paragraph of Article L. 612-43 must inform the Autorité de contrôle prudentiel et de résolution of the name(s) of the statutory auditor(s) it proposes to appoint or reappoint. When it informs the Authority of its intention to appoint a firm of statutory auditors as statutory auditor, it shall specify the name of the individual statutory auditor who is a partner, shareholder or manager…

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Article D612-55 of the French Monetary and Financial Code

November 5, 2023

Where the Authority intends to issue an unfavourable opinion or a qualified opinion, it shall invite the statutory auditor concerned to comment on the draft opinion within a period of not less than one month. This invitation is sent to the statutory auditor concerned and to the person subject to supervision by the Autorité de contrôle prudentiel et de résolution by letter sent in the manner provided for in Article…

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Article D612-56 of the French Monetary and Financial Code

November 5, 2023

Reasons are given for an unfavourable opinion or an opinion with reservations. In particular, it may be based on the fact that the proposed statutory auditor, or the natural person who has been approached to perform the assignment, does not offer all the guarantees of experience, competence or independence necessary for the performance of these duties, taking into account the nature and characteristics of the business of the person subject…

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Article D612-57 of the French Monetary and Financial Code

November 5, 2023

The person concerned and the proposed auditor are notified of the unfavourable opinion or the opinion with reservations by letter sent in the manner provided for in Article R. 612-9 . A copy of this opinion is sent to the regional company of which the statutory auditor is a member. The directors of the person concerned shall forward the Authority’s opinion to the body competent to appoint the statutory auditors.

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Article R612-59 of the French Monetary and Financial Code

November 5, 2023

When the AMF intends to appoint an additional auditor pursuant to Article L. 612-43, it shall send the draft decision to the person subject to AMF supervision and to the auditors in office. The latter shall be invited to submit written observations within a period of not less than one month. The AMF’s letter shall be sent in the manner provided for in Article R. 612-9.

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Article R612-60 of the French Monetary and Financial Code

November 5, 2023

Where an application for disqualification submitted pursuant toArticle L. 823-6 of the Commercial Code concerns an auditor of a person subject to the supervision of the AMF to which the provisions of the first paragraph of Article L. 612-43 apply, the court shall rule in accordance with the conditions laid down inArticle R. 823-5 of the Commercial Code after consulting the chairman of the AMF.

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Article R612-61 of the French Monetary and Financial Code

November 5, 2023

The Autorité de contrôle prudentiel et de résolution may consult the relevant guarantee funds when it is considering taking any of the following decisions: 1° Withdrawal of authorisation, except where this is done as a sanction ; 2° Change of control of a person mentioned in I of Article L. 612-2; 3° Merger involving at least one person mentioned in I of Article L. 612-2; 4° Transfer of portfolios provided…

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Article R613-1-A of the French Monetary and Financial Code

November 5, 2023

I. – The Autorité de contrôle prudentiel et de résolution and the other competent authorities of a Member State of the European Union or of a State party to the Agreement on the European Economic Area shall have a period of four months from the transmission of the report provided for in the first paragraph of Article R. 613-3-3 to: 1° reach the joint decisions referred to in II of…

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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396

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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396

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