When the authorisation of a bridge institution is withdrawn in accordance with article L. 311-39, any liquidation surplus reverts to the holders of the institution’s equity securities.
Where the assets and liabilities of several persons subject to resolution proceedings have been transferred to the same bridge institution, the winding-up proceedings referred to in Chapter VI of Title II of Book III shall apply separately to the assets and liabilities of each of these persons and not to the bridge institution itself. The assets concerned are identified individually in the accounts of the bridge facility. They are subject…
Measures taken by the resolution board pursuant to Articles L. 311-29 to L. 311-48 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 shall be mentioned. The Autorité guarantees effective public access to the website and continuity of the online publication of the above-mentioned information…
For the purposes of Article L. 311-50, the resolution college shall present to potential acquirers the terms and timetable for the transfer of securities implemented under the procedure provided for in that article. It shall ensure that all potential acquirers that have informed it of their interest have the same level of information about the transaction.
The services and infrastructures referred to in I of this Article L. 311-51 are provided to the purchaser: 1° On the terms set out in an agreement concluded between the person subject to a resolution procedure and the purchaser, where they were provided, under the terms of this agreement, immediately prior to the application of a resolution measure; 2° In the absence of such an agreement or where the agreement…
When considering taking a resolution measure against a person mentioned in I of Article L. 311-1, the resolution board shall: 1° Indicate the reasons for this decision, including the finding that the person still meets the conditions for triggering a resolution procedure ; 2° Specify the measure it intends to take, including, where applicable, the request to open compulsory liquidation proceedings or any other measure taken pursuant to Chapter VI…
When it decides on the automatic transfer of a portfolio of insurance contracts concluded in the territory of one or more Member States of the European Economic Area, pursuant to Article L. 311-31, Article L. 311-36, II of Article L. 311-42 or II of Article L. 311-48, the resolution college shall notify the competent authorities of the countries in which these insurance contracts were concluded and, where applicable, the competent…
In exercising their powers, the college of supervisors and the college of resolution assess the potential effects of disclosure of information relating to the person concerned or to the resolution procedure. In particular, they assess the potential effects of disclosing information contained in the preventive recovery plan referred to in Article L. 311-5 and in the preventive resolution plan referred to in Article L. 311-8. On the basis of this…
The cooperation agreements entered into pursuant to Article L. 311-59 and Article L. 311-60 with the competent supervisory authorities or the resolution authorities are authorised by the college of supervisors or the college of resolution, depending on their respective powers and the content of these agreements as submitted to the assessment provided for in Article R. 311-22.
The resolution college shall determine the operating procedures of the college of competent authorities provided for in II of Article L. 311-59. Where it coordinates the activities of one of the formations of this college, the resolution college shall: 1° Establish, after consulting the other members of this college, the written terms and procedures for the operation of this college; 2° Inform the members of the scheduled meetings of the…
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75001, Paris France
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is a Registered Trademark of
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75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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