Summary this Decree amends Decree 84-709 of 24-07 - 1984 on the following points: the art. 1 extends to financial companies the provisions of art. 27 current Decree (mode of designation of the ACC). Article 2 redefines pins clear the scope of article 28 current (designation of the ACC of the establishment, before their headquarters abroad) by substituting the term "branch" for the term "agency", and stating that this article applies only to branches of credit institutions having their registered office in a State which is not a party to the European economic area agreement. For the EFF, the appointment of Auditors is made in the country of origin. Article 3 makes the most substantial changes by reforming in depth the consultation procedure of the CB laid down in article 29 of the present Decree. He said the extent of the obligations that weigh on institutions and CAC - legal persons or natural persons - as well as the CB that must observe the principle of the adversarial procedure before giving an opinion negative ILO booked. The device is based on the following elements: 1. Obligation for any establishment of credit, investment firm or financial holding company, to consult in advance with the Banking Commission before the designation of the CAC holders.-in the case of a society of ACC, the CB asks that it be specified the name of the natural person responsible for the mission on behalf of the company. - the CB have a period of 2 months to give an opinion , the silence worth notice deemed favourable. - is provided for a procedure of request for additional information, with minimum delay of response given to the institution or the CAC. - the CB is required to follow an adversarial procedure before giving an opinion unfavourable or reserved, are also specified the terms of this notice. Article 4 replaces article 30 current (renewal of the mandates of the ACC) provisions, providing that notice negative or reserved must be motivated (rule of form) and specifying, on the bottom, the criteria on which may rely among such negative opinions. Article 5 fills a gap in existing law specifying that the Banking Commission consultation procedure also applies to the renewal of the alternate ACC. This new wording of article 31 led, moreover, to repeal provisions allowing the Banking Commission to appoint itself the ACC in the absence of some credit institutions, outdated provisions since the adoption of the NRE Law. Article 6 specifies the procedures for the appointment of an additional ACC by the CB, which assumes the implementation of adversarial proceedings against the officers and Auditors in functions. Article 7 to ensure the effectiveness of the law of 25 June 1999 on savings and financial security that allows the CB to conclude agreements with foreign banking supervisors. The publication in the Official Journal of the agreements entered into by the CB is useful guarantee of transparency and makes these conventions fully opposable to third parties. Modification of the art. 27, 28, replacement of the art. 29, 30, 31, 32, insertion of an art. 38 1 to Decree 84-709 of 24-07 - 1984.
Keywords economy, finance, Bank, CREDIT institution, investment firm, company financial, organization of the PROFESSION, professional statute, Auditor, ACC, MODE of appointment, renewal of mandate, SIÈGE SOCIAL, foreign, agency, PROCEDURE, CONSULTATION, banking COMMISSION, CB, principle of CONTRADICTORY, CONVENTION JORF n ° 53, March 3, 2002 page 4061 text no. 2 Decree No. 2002-301 of 28 February 2002 amending order No. 84-709 of 24 July 1984 taken pursuant to Act No. 84-46 of 24 January 1984 relative à l'activité et au contrôle des établissements de crédit
Le Premier ministre,
Sur le rapport du ministre de l'économie, des finances et de l'industrie,
Vu le code de commerce, notamment ses articles L. 225-218 à L. 225-242 et L. 232-1 à L. 232-8 ;
Having regard to the monetary and financial code, particular articles L. 511 - 38 and L. 613 - 13;
Mindful of Decree No. 67-236 of March 23, 1967 as amended on commercial companies;
Considering Decree No. 69-810 August 12, 1969, amended on the regulation of public administration and on the Organization of the profession and the professional status of Auditors Auditors of companies;
Having regard to Decree No 84 - 709 of 24 July 1984 amended taken pursuant to Act No. 84-46 of 24 January 1984 on activity and control of credit institutions, enacts as follows: Article 1 more on this article...
Article 27 of title IV of the Decree of 24 July 1984 referred to above, the words: "credit institutions and investment firms" are replaced by the words: 'establishments of credit, investment firms and financial companies.
At the end of that article, a paragraph worded as follows is added: 'the provisions of this title shall apply to the financial companies subject to the supervision of the Banking Commission having their registered office in a State party to the agreement on the European economic area, for the persons responsible for the statutory audit of the consolidated accounts and taking into account the applicable foreign law.'
Article 2 more on this article...
Article 28 of the same Decree, the word: 'the Agency' is replaced by: 'branch' and the words: "credit institutions and investment firms headquartered abroad" are replaced by the words: 'credit institutions having their head office in a State party to the European economic area agreement.
Article 3 read more on this article...
Article 29 of the order is replaced by the following: «art.» 29 - any establishment of credit, financial company or investment firm subject to the control of the Banking Commission must be the name of the Auditors it intends to designate to the Banking Commission.
When he informed the Banking Commission of his intention to designate as an Auditors company of Auditors-incorporated and registered in the manner prescribed in article L. 225 - 218 of the code of commerce, credit institution, investment firm or accurate financial company the name of associate auditor, shareholder or officer, responsible for the mission on behalf of this company. It shall inform the Banking Commission of any future changes to this situation.
The Banking Commission has a period of two months to inform the credit institution, investment firm or financial company, its opinion on the proposal for the designation of the external auditor. In the absence of response from the Banking Commission within the time limit, the notice is deemed favourable.
If the Banking Commission deems necessary, it may request further information by registered letter with request for acknowledgement of receipt addressed either to the institution, the investment firm or the company financial, concerned either to the external auditor proposed. In the latter case, it shall inform the credit institution, investment firm or financial, concerned company and fixed in its supplementary information request response time, which cannot be less than one month. The time limit under the preceding paragraph is then suspended until additional information is received.
The Banking Commission may also take into account in assessing the information Commissioner of Auditors proposed or, where appropriate, to the person in charge of the mission, that are passed by the Commission operations Fellowship in pursuant to article l.631 - 1 of the monetary and financial code.
The opinion of the Banking Commission, if it is negative or accompanied by reservations, cannot be taken until the proposed auditor was invited to provide comments. It shall be notified by registered letter with request for acknowledgement of receipt to the credit institution, investment firm or company financial, concerned and the proposed auditor. A copy of this notification is addressed to the regional company which is a member the Board of Auditors.
The leaders of the credit institution, investment firm or financial company communicate the opinion of the Banking Commission to the competent body to appoint the Auditors. ' Article 4 more on this article...
Article 30 of the order is replaced by the following: «art.» 30 - accompanied by reservations or unfavourable opinion is motivated. It may in particular be based on the fact that the Commissioner proposed auditor makes not warranties of experience, competence and independence necessary for the performance of duties given by the person in charge of the mission or of the nature and the characteristics of the activity of the credit institution, of the business of investment or financial company concerned. ' Article 5 more on this article...
Article 31 of the order is replaced by the following provisions:
«Art.» 31. - the provisions of articles 27 to 30 of this Decree are applicable to the appointment and renewal of Auditors licensed Auditors and alternate auditors. ' Article 6 more on this article...
Article 32 of the order is replaced by the following: «art.» 32 - where the Banking Commission intends to proceed, in application of article L. 511 - 38, paragraph 1 of the monetary and financial code, to the appointment of a Board of Auditors additional in a credit institution, an investment firm or a financial holding company, it shall inform the officers and Auditors in office by registered letter with request for acknowledgement of receipt. The Banking Commission puts executives and Auditors Auditors in office submit their written observations within a time limit which shall not be less than one month, before deciding on the appointment of a Board of Auditors additional. ' Article 7 more on this article...
It is inserted in the same order in a new article 38-1 worded as follows: «art.» 38-1.-agreements concluded by the Banking Commission under article L. 613 - 13 of the monetary and financial code with authorities of a mission similar to the one given in France to the Banking Commission are published in the Official Journal. ' Article 8 more on this article...
The Minister of economy, finance and industry is responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
Done at Paris, on 28 February 2002.
Lionel Jospin Prime Minister: the Minister of economy, finance and industry, Laurent Fabius