The general representative of the branches of undertakings referred to in 4° of Article L. 310-2, if a natural person, must reside within the territory of a Member State. If the authorised representative is a legal entity, its registered office must be located within the territory of a Member State, and the natural person appointed to represent it must satisfy the conditions laid down in the following paragraphs and, in that capacity, assume responsibility for the performance of the obligations incumbent upon it.
Where the general representative is an employee or a commission agent of the undertaking, his duties as general representative shall not cause him to lose that capacity.
The authorised agent, if he is a natural person, or his representative if he is a legal entity, must produce the information defined by the Autorité de contrôle prudentiel et de résolution concerning his qualifications and professional experience.
Any change affecting the information mentioned in the previous paragraph must be communicated to the Autorité de contrôle prudentiel et de résolution, which may, if necessary, challenge the representative.
The authorised agent must be granted sufficient powers by the undertaking concerned to bind it in relation to third parties and to represent it in relation to the French authorities and courts. For the purposes of the provisions of this Code applicable to branches of undertakings referred to in 4° of Article L. 310-2, the term “managing agent” shall be understood to mean “managing director”.
The company may not withdraw the powers entrusted to its authorised agent before appointing a successor. The mandataire général remains in this position until his replacement has been appointed and, where applicable, accepted by the Autorité de contrôle prudentiel et de résolution. In the event of the death of the authorised agent, or of the natural person appointed to represent him, the company must appoint his successor as soon as possible.