French Business Law - French Legislation

Article L632-16 of the French Monetary and Financial Code

November 7, 2023

The AMF may carry out surveillance, monitoring and investigation activities at the request of foreign authorities with similar powers. Where such activities are carried out on behalf of authorities of a State that is not a member of the European Union or a party to the Agreement on the European Economic Area, they shall be carried out subject to reciprocity. The obligation of professional secrecy provided for in II of…

Article L632-17 of the French Monetary and Financial Code

November 7, 2023

I. – Market infrastructures that disseminate or make available to the Autorité des marchés financiers or the Autorité de contrôle prudentiel et de résolution information relating to transactions in financial instruments may communicate to their foreign counterparts and to the counterpart authorities of the Autorité des marchés financiers or the Autorité de contrôle prudentiel et de résolution the information necessary for the performance of their duties, including information covered by…

Article L633-1 of the French Monetary and Financial Code

November 7, 2023

The Autorité de contrôle prudentiel et de résolution and the Autorité des marchés financiers, in liaison, where appropriate, with the supervisory authorities of regulated entities in the Member States or other States party to the Agreement on the European Economic Area, shall identify the groups falling within the scope of the supplementary supervision of financial conglomerates and, to this end, shall exchange any information relevant to the performance of their…

Article L633-2 of the French Monetary and Financial Code

November 7, 2023

I. – The coordinator is the competent authority responsible for the coordination and exercise of supplementary supervision. It may decide, after consultation with the competent authorities concerned and the financial conglomerate, which method of calculation of the supplementary capital adequacy requirements shall be applied, and decide not to include a particular entity in the scope of calculation of the supplementary capital adequacy requirements. II. – The coordinator is the competent…

Article L633-3 of the French Monetary and Financial Code

November 7, 2023

Where it is designated as coordinator, the Autorité de contrôle prudentiel et de résolution shall ensure, as part of the supplementary supervision : a) the coordination of the gathering and dissemination of all information relevant in the normal course of business as well as in emergency situations, and in particular any important information relevant to the prudential supervision exercised by a competent authority under sectoral rules ; b) Prudential supervision…

Article L633-4 of the French Monetary and Financial Code

November 7, 2023

Where the coordinator of a financial conglomerate is an authority of another Member State or party to the Agreement on the European Economic Area, it shall carry out the tasks defined in Article L. 633-3 with regard to entities established in France.

Article L633-5 of the French Monetary and Financial Code

November 7, 2023

In order to facilitate the exercise of supplementary supervision and their respective supervisory tasks, the Autorité de contrôle prudentiel et de résolution shall enter into coordination agreements with the relevant competent authorities and, where necessary, any other relevant competent authority. These agreements may entrust additional tasks to the coordinator and specify the procedures to be followed in the context of supplementary supervision. They may also specify the arrangements for coordination…

Article L633-6 of the French Monetary and Financial Code

November 7, 2023

The Autorité de contrôle prudentiel et de résolution and, where applicable, the Autorité des marchés financiers shall cooperate with the competent authorities responsible for the supervision of regulated entities belonging to a financial conglomerate and, where they do not perform this role, with the coordinator. The conditions for the application of this article shall be laid down by decree in the Conseil d’Etat.

Article L633-7 of the French Monetary and Financial Code

November 7, 2023

For the purposes of exercising their respective functions, the competent authorities may exchange information relating to regulated entities in a financial conglomerate with the central banks of the Member States or other States party to the Agreement on the European Economic Area, the European System of Central Banks, the European Central Bank, the European Systemic Risk Board and the Joint Committee of European Supervisory Authorities. The conditions for application of…

Article L633-7-1 of the French Monetary and Financial Code

November 7, 2023

Cooperation between authorities, the performance of the duties of the coordinator and, where necessary, appropriate coordination and cooperation with the relevant supervisory authorities of third countries shall be ensured, in compliance with confidentiality requirements and applicable law, through the colleges of supervisors referred to in Article L. 613-20-2 or the colleges of supervisors referred to in 7° of Article L. 356-1 of the Insurance Code. The coordinator, as chairman of…

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Legislative part

Article L632-16 of the French Monetary and Financial Code

Article L632-17 of the French Monetary and Financial Code

Article L633-1 of the French Monetary and Financial Code

Article L633-2 of the French Monetary and Financial Code

Article L633-3 of the French Monetary and Financial Code

Article L633-4 of the French Monetary and Financial Code

Article L633-5 of the French Monetary and Financial Code

Article L633-6 of the French Monetary and Financial Code

Article L633-7 of the French Monetary and Financial Code

Article L633-7-1 of the French Monetary and Financial Code

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Legislative part

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