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Article R613-35 of the French Monetary and Financial Code

November 5, 2023

In an emergency, the Autorité de contrôle prudentiel et de résolution may, before initiating the procedure provided for in Article R. 613-34 or pending the measures to be taken by the home Member State, take any protective measure provided for in Article L. 612-33 to protect against instability in the financial system that could seriously threaten the collective interests of depositors, investors and customers in France. Any measure taken in…

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Article R613-36 of the French Monetary and Financial Code

November 5, 2023

Notwithstanding Articles R. 613-34 and R. 613-35, the Autorité de contrôle prudentiel et de résolution shall exercise over the institutions mentioned in Articles L. 511-22 and L. 511-23 the supervisory and sanctioning powers defined in Sections 5 to 7 of Chapter II of this Title in order to prevent or sanction breaches of the provisions applicable to them in accordance with Article L. 511-24 as well as breaches of rules…

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Article R613-37 of the French Monetary and Financial Code

November 5, 2023

Where an institution carrying on business in another Member State of the European Union or in another State party to the Agreement on the European Economic Area, in accordance with Articles L. 511-27 and L. 511-28, infringes or is likely to infringe a provision in force in the territory of that State which is applicable to it, the Autorité de contrôle prudentiel et de résolution, informed by the competent authorities…

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Article R613-37-1 of the French Monetary and Financial Code

November 5, 2023

For the purposes of Article L. 613-33-4, before conducting an on-site inspection of the French branch of an investment firm referred to in Article L. 532-18-1, the Autorité de contrôle prudentiel et de résolution shall consult the competent authorities of the home country of the firm. Once the on-site inspection has been completed, the AMF shall promptly provide the competent authorities of the home country of the investment firm with…

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Article R613-38 of the French Monetary and Financial Code

November 5, 2023

When, pursuant to I of Article L. 613-33-2 , the Autorité de contrôle prudentiel et de résolution initiates disciplinary proceedings against a payment institution referred to in 1° of II of Article L. 522-13 acting under the freedom of establishment, it shall send the letter referred to in Article R. 612-36 to the competent authorities of the home State. It shall also send these authorities any observations in response sent…

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Article R613-39 of the French Monetary and Financial Code

November 5, 2023

When, pursuant to I of Article L. 613-33-3 , the Autorité de contrôle prudentiel et de résolution initiates disciplinary proceedings against an electronic money institution referred to in I of Article L. 526-24 acting under the freedom of establishment, it shall send the competent authorities of the home State the letter referred to in Article R. 612-36. It shall also send these authorities any observations in response sent by the…

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Article R613-40 of the French Monetary and Financial Code

November 5, 2023

Measures taken by the collège de résolution pursuant to Articles L. 613-48 to L. 613-62-2 may be relied on against third parties without further formality as soon as they are published on the website of the Autorité de contrôle prudentiel et de résolution. The date and time of publication are mentioned. The AMF guarantees effective public access to the website and continuity of online publication of the above information throughout…

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Article R613-42 of the French Monetary and Financial Code

November 5, 2023

I. – Where they are required to keep detailed records of financial contracts defined in 12° of Article L. 613-34-1 to which they are a party pursuant to Article L. 613-34-5, the persons mentioned in I or II of Article L. 613-34 shall certify the existence of the records mentioning these contracts and shall ensure that the Supervisory Board and the Resolution Board have permanent access to these records. II….

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Article R613-43 of the French Monetary and Financial Code

November 5, 2023

For the application of I of Article L. 613-36, the supervisory board shall notify the persons required to draw up a preventive recovery plan pursuant to I of Article L. 613-35 of the results of its examination within six months of receipt of the plan. This notification is made after receiving the opinion of the collège de résolution. If no response is received from the supervisory board after this period,…

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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
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396

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