I.- Subject to the provisions of II and III, the articles mentioned in the left-hand column of the table below shall apply in French Polynesia, in the wording indicated in the right-hand column of the same table:
Applicable articles | In the wording resulting from |
---|---|
L. 612-1, with the exception of III, the second to eighth paragraphs of IV, V to VIII | Order no. 2023-836 of 30 August 2023 |
L. 612-2 with the exception of 7° and 12° of A, B of I and III | Law 2021-402 of 8 April 2021 |
L. 612-3 | Law no. 2022-1726 of 30 December 2022 |
L. 612-4 | Order no. 2017-1608 of 27 November 2017 |
L. 612-5 | Law no. 2019-222 of 23 March 2019 |
L. 612-6 to L. 612-8 | law no. 2013-672 of 26 July 2013 |
L. 612-8-1 | Order no. 2017-1608 of 27 November 2017 |
L. 612-9 | Act no. 2019-222 of 23 March 2019 |
L. 612-10 | Law no. 2017-55 of 20 January 2017 |
L. 612-11 | law no. 2013-672 of 26 July 2013 |
L. 612-12 | law no. 2020-1721 of 29 December 2020 |
L. 612-13 to L. 612-15 | Act no. 2013-672 of 26 July 2013 |
L. 612-15-1 | Order no. 2017-1608 of 27 November 2017 |
L. 612-16 | Order no. 2015-1024 of 20 August 2015 |
L. 612-17 | Law no. 2013-1117 of 6 December 2013 |
L. 612-18 and L. 612-19 | law no. 2013-672 of 26 July 2013 |
L. 612-20, with the exception of the second and third paragraphs of I, B of II and 2° of C of II | Law no. 2021-1900 of 30 December 2021 |
L. 612-21 | Order no. 2017-1252 of 9 August 2017 |
L. 612-23 | Order 2016-301 of 14 March 2016 |
L. 612-23-1, with the exception of II | Order no. 2017-484 of 6 April 2017 |
L. 612-24, with the exception of its eighth paragraph | Order no. 2021-796 of 23 June 2021 |
L. 612-25 | Law no. 2013-672 of 26 July 2013 |
L. 612-26 and L. 612-27 | Order no. 2015-378 of 2 April 2015 |
L. 612-28 | Order no. 2014-1332 of 6 November 2014 |
L. 612-29-1 to L. 612-31 | Law no. 2013-672 of 26 July 2013 |
L. 612-32 and L. 612-33 with the exception of 13° and 14° of I | Order no. 2021-796 of 23 June 2021 |
L. 612-33-1 | Law 2013-672 of 26 July 2013 |
L. 612-34 | Order no. 2015-1024 of 20 August 2015 |
L. 612-34-1 with the exception of VI | Order 2020-1636 of 21 December 2020 |
L. 612-35 | Law 2016-1691 of 9 December 2016 |
L. 612 35-1 | Order no. 2021-858 of 30 June 2021 |
L. 612-36 | Order no. 2015-378 of 2 April 2015 |
L. 612-37 | Order no. 2010-76 of 21 January 2010 |
L. 612-38 with the exception of the second and third paragraphs and the last three paragraphs | Order no. 2018-361 of 16 May 2018 |
L. 612-39 with the exception of the tenth, eleventh and twentieth paragraphs | Order 2023-836 of 30 August 2023 |
L. 612-40 with the exception of III | Order 2021-796 of 23 June 2021 |
L. 612-41, with the exception of its last paragraph | Order 2018-361 of 16 May 2018 |
L. 612-42 | Law 2016-731 of 3 June 2016 |
L. 612-43 | Law 2016-1528 of 15 November 2016 |
L. 612-44 with the exception of 1° bis and 1° ter of its II | Order 2020-1635 of 21 December 2020 |
L. 612-45 | Law 2016-1691 of 9 December 2016 |
L. 612-46 | Order 2017-1608 of 27 November 2017 |
L. 612-47 to L. 612-50 | law no. 2013-672 of 26 July 2013 |
II.For the application of I:
1° The following shall not apply:
a) References to European provisions, the Single Resolution Mechanism, the Single Resolution Board and the European Central Bank;
b) References to the guarantee funds mentioned in Articles L. 421-1 and L. 423-1 of the Insurance Code, L. 431-1 of the Mutual Code and L. 931-35 of the Social Security Code ;
2° The Autorité de contrôle prudentiel et de résolution supervises the persons listed in B of I of Article L. 612-2 and in 1° and 2° of II of the same Article solely with regard to compliance with the provisions of Title VI of Book V;
3° In the event of non-compliance with the provisions of Title VI of Book V by one of the persons listed in B of I of Article L. 612-2, the Enforcement Committee of the Autorité de contrôle prudentiel et de résolution may impose one or more of the disciplinary sanctions provided for in Articles L. 612-38 and L. 612-39;
4° In the event of non-compliance with the provisions of Title VI of Book V by one of the persons mentioned in 1° and 2° of II of Article L. 612-2, the Enforcement Committee of the Autorité de Contrôle Prudentiel et de Résolution may impose one or more disciplinary sanctions on that person or, where applicable, on its directors, members or third parties with authority to manage or administer, in accordance with the conditions set out in Article L. 612-38 and I of Article L. 612-41;
5° The provisions of Articles L. 612-16, L. 612-28 and L. 612-42 are applicable to breaches punishable by penalties imposed pursuant to 4° and 5° of II of this Article.
III.-For the application of the articles mentioned in the table above:
1° In article L. 612-1:
a) The second paragraph of I is worded as follows: The AMF shall monitor compliance by these persons with the provisions referred to in Article L. 712-7, the provisions of the Monetary and Financial Code that are directly applicable to them and the regulatory provisions provided for their application, the provisions applicable to them in Book III of the Consumer Code and any other legislative and regulatory provisions applicable to them, non-compliance with which entails non-compliance with the aforementioned provisions.
b) In 8° of II, the words: of the provisions applicable to them of Articles 3, 4 and 5 of Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on the publication of sustainability information in the financial services sector, with regard to their investment strategy and their management of the risks associated with the effects of climate change, as well as the words in accordance with Articles L. 310-1-1-3 and L. 385-7-2 of the Insurance Code,Article L. 114-46-3 of the Mutual Code and Articles L. 931-3-8 and L. 942-6-1 of the Social Security Code are deleted;
2° In the last paragraph of A of I of Article L. 612-2, the words: the Banque de France are replaced by the words: the Institut d’émission d’outre-mer and the words: of the Banque de France, in respect of the tasks of overseeing the proper operation and security of payment systems, which are conferred upon it by I of Article L. 141-4 are replaced by the following words: the Institut d’émission d’outre-mer, in respect of its duties to oversee the proper operation and security of payment systems, which are conferred upon it by Article L. 721-20;
3° In IV of Article L. 612-17, the words: l’Institut national de la statistique et des études économiques are replaced by the words: l’Institut de la statistique de Polynésie française;
4° In Article L. 612-19, the reference to Article L. 142-9 is deleted;
5° In Article L. 612-20, the references to insurance and reinsurance brokers and brokerage companies are not applicable. This article does not apply to the persons mentioned in B of I of article L. 612-2 and in 1° and 2° of II of the same article. These persons are subject to a contribution for monitoring the obligations set out in Title VI of Book V. This contribution is paid to the Banque de France. Its amount is set by order of the ministers responsible for the economy, mutual insurance and social security;
6° In the last paragraph of Article L. 612-26, the words: either, for inspections in a State party to the Agreement on the European Economic Area, in application of Article L. 632-12, or, for other States, are deleted;
7° In Article L. 612-33-1, the words: provided for in Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC are replaced by the words: which are likely to seriously jeopardise the smooth operation and integrity of the financial market;
8° In Article L. 612-34-1:
a) In the second paragraph of I, the words: registered on the list referred to in Articles L. 811-2 or L. 812-2 of the French Commercial Code are replaced by the words: authorised to perform the functions of judicial representative or administrator by the legislation applicable locally;
b) In the last paragraph of IV, the words: by the lien established in Articles L. 3253-2, L. 3253-4 and L. 7313-8 of the French Labour Code and the legal costs mentioned in II of Article L. 641-13 of the French Commercial Code are replaced by the following words: for the payment of sums due in respect of the last months of employment of the company’s employees and legal costs, in accordance with locally applicable legislation;
9° In the first paragraph of each of articles L. 612-39 and L. 612-41, the word: European is deleted;
10° In Article L. 612-43, after the words: and in 12°, the remainder of the sentence is deleted;
11° The second paragraph of I of Article L. 612-44 is replaced by the following provisions: The Autorité de contrôle prudentiel et de résolution may also transmit to the statutory auditors of the persons mentioned in the previous paragraph, of the AIFs covered by paragraphs 1, 2 and 6 of sub-section 2, paragraph 2 or sub-paragraph 1 of paragraph 1 of sub-section 3, or sub-section 4 of Section 2 of Chapter IV of Title I of Book II, and of their management companies, the information necessary for the performance of their duties.