Article L613-63 of the French Monetary and Financial Code
November 7, 2023
A decree in the Conseil d’Etat shall specify the conditions of application of this section.
A decree in the Conseil d’Etat shall specify the conditions of application of this section.
The collège de résolution may, with the agreement of the fonds de garantie des dépôts et de résolution, transfer to this fund all or part of the equity securities mentioned in Chapter II of Title I of Book II or other ownership securities issued by a person mentioned in I of Article L. 613-34 subject to a resolution procedure.
The Autorité de contrôle prudentiel et de résolution shall hear the chairman of the management board of the fonds de garantie des dépôts et de résolution on any matter concerning an institution for which it intends to call on the guarantee fund or for which it intends to propose that the fund intervene on a preventive basis. The Chairman of the Management Board may also be heard, at his request,…
When part of the deposits eligible for the guarantee mentioned in Article L. 312-4-1 of an institution subject to a resolution procedure is transferred to another entity, depositors may not claim any compensation under this guarantee for the part of their deposits which exceeds the compensation ceiling set pursuant to 2° of Article L. 312-16 and which is left on account with this entity or institution subject to the resolution…
The authorisation provided for in Article 18(3) of Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, management and other aspects of the auctioning of greenhouse gas emission allowances shall be issued to credit institutions and investment firms by the Autorité de contrôle prudentiel et de résolution, after obtaining the opinion of the Autorité des marchés financiers. The opinion of the Autorité des marchés financiers relates to…
The resolution college of the Autorité de contrôle prudentiel et de résolution shall exercise the powers of resolution authority provided for in Regulation (EU) 2021/23 of 16 December 2020 on a framework for the recovery and resolution of central counterparties, under the conditions set out in Article L. 612-8-1.
Where the resolution authority of another Member State of the European Union implements one or more resolution measures pursuant to Regulation (EU) 2021/23, the resolution college shall provide it with the cooperation required to ensure the effectiveness of such measures. Where such measures concern ownership interests, assets, rights, obligations or liabilities of the CCP subject to resolution proceedings which are located in France or governed by French law, such measures…
I.-The provisions of this article shall apply in cases where there is no agreement between the European Union and a non-EU Member State and in cases where an existing agreement does not deal with the recognition and enforcement of resolution procedures for CCPs in force in that State. II.-The resolution college of the Autorité de contrôle prudentiel et de résolution shall take a decision to recognise the resolution procedure of…
I.-Articles L. 211-36-1 to L. 211-38 do not prevent the application of measures imposed pursuant to Title V, Chapter III, Section 3 and Chapter IV of Regulation (EU) 2021/23. II – Articles L. 211-36-1 to L. 211-38 shall not prevent the application of measures imposed by the relevant national authorities of another Member State of the Union by virtue of the provisions mentioned in I.
The provisions relating to public offers mentioned in Article L. 433-3 do not apply to measures taken by the resolution college under Title V of Regulation (EU) 2021/23.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
