The decisions referred to in VII of Article L. 613-37 and IV of Article L. 613-37-1 shall be notified within seventy-two hours of their adoption. Reasons shall be given for such decisions.
The persons required to draw up a preventive recovery plan referred to in Article R. 613-43 shall inform the supervisory board as soon as possible and in all cases when they adopt a recovery measure provided for in the plan. They shall also inform the college, where applicable, of their decision to refrain from taking such a decision when they could be led to do so in view of the…
I.-Pursuant to IX of Article L. 613-44, a subsidiary that is not a resolution entity may be exempted from compliance with the requirement set out in IV of the same article if the following conditions are met: 1° The subsidiary and the resolution entity are established in France and are part of the same resolution group; 2° The resolution entity complies with the minimum requirement set out in I of…
I.-For the application of I of Article L. 613-44, eligible commitments are included in the amount of own funds and eligible commitments mentioned in that Article only if they meet the conditions set out in Articles 72a, 72b with the exception of point d of its paragraph 2 and 72c of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013. II – For…
I.-The minimum requirement referred to in IV of Article L. 613-44 shall be met by means of one or more of the following commitments or own funds: 1° Commitments: a) which are issued to the resolution entity and purchased by it directly or indirectly through other entities within the same resolution group, or which are issued to and purchased by an existing shareholder that is not part of the same…
I.-Pursuant to VI of Article L. 613-44, when the resolution plan provides that a resolution measure must be taken, or that the power mentioned in Article L. 613-48 must be exercised according to the relevant scenario mentioned in II of Article L. 613-38, the minimum requirement mentioned in this VI corresponds to an amount sufficient to ensure that: 1° The losses that the resolution entity would incur are fully absorbed;…
I.-Without prejudice to the minimum amount provided for in VIII or 1° of VI of Article R. 613-46-3, as the case may be, resolution entities falling under VII, IX or X of Article R. 613-46-3 shall meet part of the minimum requirement for own funds and eligible commitments equal to 8% of total liabilities, including own funds, by means of own funds, eligible subordinated instruments or commitments mentioned in III…
Where several entities belonging to the same institution of global systemic importance are resolution entities or third-country entities that would be resolution entities if they were established in the Union, the resolution college shall discuss with the relevant authorities of the other Member States and, where appropriate, agree with the latter on the application of Article 72e of Regulation (EU) No 575/2013 of the European Parliament and of the Council…
I.-Pursuant to X of Article L. 613-44, the persons referred to in Article L. 613-34 shall communicate: 1° The amounts of own funds which, where applicable, satisfy the conditions referred to in 2° of I of Article R. 613-46-2 and the amounts of eligible commitments, as well as the expression of these amounts as a percentage in accordance with I of Article L. 613-44, after application, where applicable, of the…
For the purposes of Article L. 613-46-1, notification of the decisions referred to in V of that article, taken on applications for authorisation to enter into or amend group financial support agreements, shall be given within four months of receipt of the application. If the Supervisory Board remains silent at the end of this period, the decision is deemed to have been authorised.
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75001, Paris France
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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