I. – The loans referred to in 3a of article L. 511-6 may be granted when the lending company or a member of its group, on the one hand, and the borrowing company or a member of its group, on the other hand, are economically linked in one or other of the following ways: 1° The two companies are members of the same economic interest grouping as referred to in…
A company may only grant a loan as referred to in 3a of article L. 511-6 if the following four conditions are met: 1° On the closing date of each of the two financial years preceding the date on which the loan is granted, the lending company’s equity exceeds the amount of the share capital and the gross operating surplus is positive; 2° The net cash position, defined as the…
The statutory auditor shall be notified annually of the outstanding loan agreements granted pursuant to 3 bis of article L. 511-6. In a statement attached to the management report, the statutory auditor shall certify, for each contract, the initial amount and outstanding capital of these loan contracts and compliance with the provisions governing them.
I. – The Autorité de contrôle prudentiel et de résolution or the European Central Bank, as the case may be, shall decide on an application for the authorisation provided for in Article L. 511-10 within six months of receipt. Where the application is incomplete, the AMF or the European Central Bank, as the case may be, shall take a decision within six months of receiving all the necessary information. However,…
When the Autorité de contrôle prudentiel et de résolution assesses the good repute of the persons mentioned in Article L. 511-51 in accordance with Articles L. 511-10 or R. 511-3-1, it consults the central database concerning administrative sanctions held by the European Banking Authority.
In the case of mutual and cooperative networks, the European Central Bank may, on a proposal from the Autorité de contrôle prudentiel et de résolution and after obtaining the opinion of the central body, grant collective authorisation to a regional or federal fund for itself and for the local funds affiliated to it or to the same regional federation as it, where the liquidity and solvency of the local funds…
Before attaching special conditions to an authorisation or transmitting to the European Central Bank a draft decision to grant an authorisation to acquire a holding or control or to grant an authorisation to a credit institution which is : 1° A subsidiary of an insurance undertaking, reinsurance undertaking, credit institution, portfolio management company or investment firm authorised in a Member State of the European Union or in another State party…
When assessing the notification provided for in I of Article L. 511-12-1, the Autorité de contrôle prudentiel et de résolution shall assess, for the purpose of ensuring that the credit institution or finance company targeted by the proposed acquisition has sound and prudent management and taking into account the likely influence of the proposed acquirer on the credit institution or finance company, the suitability of the proposed acquirer and the…
The Autorité de contrôle prudentiel et de résolution shall draw up a list of the information it deems necessary to carry out the assessment provided for in Article R. 511-3-2 and which must be communicated to it as part of the notification provided for in I of Article L. 511-12-1. This list is accessible on the website of the Autorité de contrôle prudentiel et de résolution. The information requested shall…
The Autorité de contrôle prudentiel et de résolution shall send the European Central Bank a proposed decision to oppose the proposed acquisition only if there are reasonable grounds for doing so on the basis of the criteria set out in Article R. 511-3-2 alone, or if the information provided by the proposed acquirer pursuant to Article R. 511-3-3 is incomplete.
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182, rue de Rivoli
75001, Paris France
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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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