Key Benefits:
Minister of Economy, Finance and Industry,
Given the monetary and financial code, including articles L. 611-2 and L. 611-9,
Stop it!
Regulations No. 2002-02, No. 2002-03, No. 2002-04, No. 2002-05 and No. 2002-06 of the Committee on Banking and Financial Regulations dated 15 July 2002 annexed to this Order are approved.
This Order and its annexed Regulations will be published in the Official Gazette of the French Republic.
A N N E X E
REGULATION No. 2002-02
MODIFIANT LE REGULATION N° 99-10 DU 9 JUILLET 1999
RELATING TO SOCIETIES OF FUNCIER
Banking and Financial Regulatory Committee,
Considering the monetary and financial code, including articles L. 515-13 to L. 515-31;
In light of Regulation No. 99-10 of 9 July 1999 on land credit companies, as amended by Regulation No. 2001-02 of 26 June 2001,
Decides:
Article 1
The third sentence of section 2 of the above-mentioned Regulation No. 99-10 is amended as follows:
"By derogation, the assessment may be based on the total cost of the transaction when this cost is less than EUR 350,000. »
Article 2
In section 3, the amounts "300,000 EUR" are replaced by the amounts "350 000 EUR".
Article 3
The last sentence of Article 3 is deleted and replaced by the following:
"The value of these buildings, between two individual reviews, and the value of the dwellings are reviewed annually on a statistical basis.
"The re-evaluation of buildings for which the remaining capital due to the corresponding loan is less than 30% of the initial loaned capital may be carried out by the use of a statistical method. »
Done in Paris, July 15, 2002.
For the Regulatory Committee
banking and financial:
The president,
J.-P. Toyet
REGULATION No. 2002-03
REGULATIONS N° 92-12 AND N° 92-13
OF 23 DECEMBER 1992
Banking and Financial Regulatory Committee,
Having regard to Directive 2000/12/EC of the European Parliament and the Council of 20 March 2000 amended on access to the activity of credit institutions and its exercise;
Considering the monetary and financial code, including its books III and VII;
Having regard to Act No. 99-209 of 19 March 1999 on New Caledonia, in particular articles 21 and 222-IV (1°);
Considering Act No. 2001-616 of 11 July 2001 on Mayotte, including articles 1 and 75 (1°);
Considering amended Regulation No. 92-12 of 23 December 1992 on the provision of foreign banking services by credit institutions and financial institutions with their head office in France;
Having regard to amended Regulation No. 92-13 of 23 December 1992 on the provision of banking services in France by institutions having their headquarters in the other Member States of the European Communities,
Decides:
PART I
MODIFICATIONS OF REGULATION No. 92-12 OF 23 DECEMBER 1992 RELATING TO THE FOURNITURE OF BANKING SERVICES TO BE AGAINST BY CREDIT STATES AND THE FINANCIAL AGAINST THEIR SOCIAL SYSTEM IN FRANCE
Article 1
In section 12 of the above-mentioned Regulation No. 92-12, the words: "in the overseas territories or in the territorial community of Mayotte. are replaced by the words: ", in the overseas territories, in New Caledonia, in the territorial community of Saint-Pierre-et-Miquelon or the departmental community of Mayotte. "
PART II
MODIFICATIONS OF REGULATION No. 92-13 OF 23 DECEMBER 1992 RELATING TO THE FOURNITURE OF BANKING SERVICES IN FRANCE BY STATES AGAINST THEIR SOCIAL ISLAND IN OTHER MEMBER STATES
Article 2
Paragraphs 1 and 9 of Article 1 and sections 2 and 3 of Regulation No. 92-13 referred to above:
I. - The words: ", from New Caledonia" are added after the words: " Overseas Territories".
II. - The words: "and the territorial community of Mayotte" are replaced by the words: ", the territorial community of Saint-Pierre-et-Miquelon and the departmental community of Mayotte".
Done in Paris, 15 July 20002.
For the Regulatory Committee
banking and financial:
The president,
J.-P. Toyet
REGULATION No. 2002-04
REGULATIONS N° 99-05 AND N° 99-06
DU 9 JUILLET 1999 MODIFIÉS
Banking and Financial Regulatory Committee,
Considering the monetary and financial code, including its books III and VII;
Considering Order No. 2000-1223 of 14 December 2000 on the Legislative Part of the Monetary and Financial Code, including Article 5;
Having regard to Act No. 99-209 of 19 March 1999 on New Caledonia, in particular articles 21 and 222-IV (1°);
Considering Act No. 2001-616 of 11 July 2001 on Mayotte, including articles 1 and 75 (1°);
Having regard to amended Regulation No. 99-05 of 9 July 1999 on the guarantee of deposits or other reimbursable funds received by credit institutions with their headquarters in France and in the Principality of Monaco;
Considering amended Regulation No. 99-06 of 9 July 1999 on the resources and operation of the deposit guarantee fund;
In the light of the opinion of the Chairman of the Deposit Guarantee Fund dated 9 July 2002,
Decides:
PART I
MODIFICATIONS OF REGULATION No. 99-05 OF 9 JULY 1999 MODIFIED TO THE GARANTIE OF DISPLACED OR OTHER FUNDS REQUIRED BY THE ESTABLISHMENT OF CREDIT AYANT TO THEIR SOCIAL SIÈGE IN FRANCE AND IN THE PRINCIPLE OF MONACO
Article 1
Section 1 of the above-mentioned Regulation No. 99-05 is deleted and replaced by two articles as follows:
"Art. 1st. - The deposit guarantee fund referred to in Article L. 312-4 of the monetary and financial code shall indemnify, under the conditions set out in these Regulations, deposits and other reimbursable funds received by credit institutions approved by the Committee on Credit Institutions and Investment Companies. »
"Art. 1-1. - Credit institutions with their headquarters in metropolitan France and overseas departments adhere to the deposit guarantee fund.
"The credit institutions with their headquarters in the territorial community of Saint-Pierre-et-Miquelon, in the departmental community of Mayotte or in the Principality of Monaco adhere to the deposit guarantee fund.
"The credit institutions with their head office in the Overseas Territories and New Caledonia adhere to the deposit guarantee fund. »
Article 2
I. - The second paragraph of section 2 of the above-mentioned Regulation No. 99-05 is amended as follows:
"For the credit institutions mentioned in the first paragraph of Article 1 (1), the deposits mentioned in the first paragraph above shall include those listed in the books of their secondary institutions located in the territory of the French Republic, the Principality of Monaco and those of their branches established in the other States parties to the agreement on the European Economic Area. »
II. - At the end of section 2 of the above-mentioned Regulation No. 99-05 is added a third paragraph as follows:
"For credit institutions referred to in the second and third paragraphs of Article 1 (1), the deposits referred to in the first paragraph above shall include those that are registered in the books of their secondary institutions established in the territory of the French Republic and in the Principality of Monaco. »
Article 3
Point f of Article 3 (4°) of the above-mentioned Regulation No. 99-05 is thus written:
“(f) Deposits denominated in foreign currency other than those of the States parties to the agreement on the European Economic Area, with the exception of the CFP franc; "
Article 4
Section 5 of the above-mentioned Regulation No. 99-05 is as follows:
“Art. 5. - 5-I. - The depositor's compensation ceiling is EUR 70,000.
"5-II. - For credit institutions mentioned in the first paragraph of Article 1-1, this limit applies to all deposits of the same depositor with the same credit institution, regardless of the number of deposits, the location in the territory of the French Republic, the Principality of Monaco and in the European Economic Area and, subject to Article 3, paragraph 4 (f), the currency concerned.
"5-III. - For credit institutions referred to in the second paragraph of Article 1-1, this limit applies to all deposits of the same depositor with the same credit institution, regardless of the number of deposits, the location in the territory of the French Republic or in the Principality of Monaco and, subject to Article 3 (f), the currency concerned.
"5-IV. - The ceiling for the compensation of the client depositors of the credit institutions referred to in the third paragraph of Article 1-1 is equal to the counter-value in FSC of the amount indicated in point 5-I, obtained by applying the parity defined under Article L. 712-2 of the monetary and financial code.
"This ceiling applies to all deposits of the same depositor at the same credit institution, regardless of the number of deposits, the location in the territory of the French Republic and in the Principality of Monaco and, subject to the 4th (f) of Article 3, the currency concerned. »
Article 5
In section 8 of Regulation No. 99-05 referred to above, the words: "by registered letter" are replaced by the words: "by registered letter with a request for notice of receipt".
I. - In article 8 of the above-mentioned regulation No. 99-05, the last two sentences of the first paragraph are deleted.
II. - A second preambular paragraph reading:
"She informs the applicants that they have a 15-day period to make any comments useful to their compensation or challenge the proposed discount and to choose, if any, the currency in which compensation will be paid. At the end of this period, the guarantee fund shall incur compensation under the conditions set out in Article 9. »
III. - In the third paragraph, the words "in the previous paragraph" are replaced by the words "in the first paragraph".
Article 6
Section 9 of the above-mentioned Regulation No. 99-05 is as follows:
“Art. 9. - 9-I. - Compensation for depositors of credit institutions referred to in the first and second paragraphs of Article 1st-1 shall be made in euros.
"The deposits in CFP francs are converted to euros according to the parity in force on the date of the unavailability of deposits.
"Currency deposits are converted to euros according to the course observed on the date of unavailability of deposits.
"The applicant who has his domicile in the geographic areas referred to in the third paragraph of section 1 (1) may apply for compensation in CFP francs.
"9-II. - Compensation for depositors of the credit institutions referred to in the third paragraph of section 1st-1 shall be paid in CFP francs.
"The deposits in euros are converted to CFP francs according to the parity in force on the date of the unavailability of deposits.
"Currency deposits are converted to CFP francs according to the course observed on the date of unavailability of deposits.
"The applicant having his domicile in the geographic areas referred to in the first paragraph of Article 1-1 may apply for compensation in euros.
"9-III. - Notwithstanding the time limits set out in the fifth paragraph of Article 8, where the applicant or any other person with rights or interest in the amounts held on an account has been examined for a money-laundering offence on the basis of Articles 222-38, 324-1 or 324-2 of the Criminal Code or Article 415 of the Customs Code, the guarantee fund suspends the corresponding payments pending final judgment. »
Article 7
I. - Regulation No. 95-01 of 21 July 1995 as amended above relating to the guarantee of deposits is repealed.
II. - In section 16 of the above-mentioned regulation No. 99-05, the words: "and replaces Regulation No. 95-01, which remains applicable in the Overseas Territories and the Mayotte Territorial Community" are deleted.
PART II
MODIFICATIONS OF REGULATION No. 99-06 OF 9 JULY 1999 MODIFIED TO RESOURCES AND FUNCTIONING OF THE GARANTIE FUNDS
Article 8
An article 16 is added as follows:
“Art. 16. - For the year 2002, credit institutions approved by the Committee of Credit Institutions and Investment Companies, whose head office is located in the Overseas Territories, New Caledonia, as well as in the departmental community of Mayotte, are the subject of a single contribution appeal in the second half of 2002.
"The amount of the contribution, calculated on the basis of the data set out in this annex as at 30 June 2002, is doubled for this period.
"These establishments subscribe a certificate of association, calculated according to the terms defined in this annex on the basis of the data agreed on 30 June 2002.
"By derogation from Article 5 of these Regulations, credit institutions whose head office is located in the Overseas Territories, New Caledonia, as well as in the departmental community of Mayotte, having been approved before January 1, 2002 are not required to the additional assessment. »
Article 9
The schedule to Regulation No. 99-06 referred to above is as follows:
In paragraph 3 of item 1.1, the words: "and in CFP francs" are added after the words: "in euros" and the words: "exigible in France, excluding overseas territories and the territorial community of Mayotte" are replaced by the words: "exigible in the territory of the French Republic and in the Principality of Monaco".
Done in Paris, July 15, 2002.
For the Regulatory Committee
banking and financial:
The president,
J.-P. Toyet
REGULATION No. 2002-05
MODIFIANT LE REGULATION N° 99-07
9 JULY 1999 MODIFIED
Banking and Financial Regulatory Committee,
Considering the monetary and financial code, including its books III and VII;
Considering Order No. 2000-1223 of 14 December 2000 on the Legislative Part of the Monetary and Financial Code, including Article 5;
Having regard to Act No. 99-209 of 19 March 1999 on New Caledonia, in particular articles 21 and 222-IV (1°);
Considering Act No. 2001-616 of 11 July 2001 on Mayotte, including articles 1 and 75 (1°);
Having regard to Regulation No. 99-07 of 9 July 1999 on the guarantee of deposits or other repayable funds received by branches of credit institutions;
Having regard to the advice of the Financial Markets Council dated 12 July 2002;
In the light of the opinion of the Chairman of the Deposit Guarantee Fund dated 9 July 2002,
Decides:
Article 1
In Article 1 of Regulation No. 99-07 referred to above, the words: "having their seat in a State that is not a party to the agreement on the European Economic Area" are deleted and the words: "in France" are replaced by the words: "in metropolitan France and overseas departments".
Article 2
In article 2 of the above-mentioned Regulation No. 99-07, the words: "in metropolitan France, in overseas departments and in the territorial community of Saint-Pierre-et-Miquelon" are replaced by the words: "in the territory of the French Republic".
Article 3
In section 3 of the above-mentioned Regulation No. 99-07, the words: "established in the territorial community of Saint-Pierre-et-Miquelon" are replaced by the words: "established in the overseas territories, in New Caledonia, in the territorial community of Saint-Pierre-et-Miquelon or the departmental community of Mayotte".
Article 4
In section 4 of Regulation No. 99-07 referred to above, the words "in France" are replaced by the words "in the territory of the French Republic".
Article 5
In article 10 of Regulation No. 99-07 referred to above, the words "in France" are replaced by the words "in metropolitan France and overseas departments".
Article 6
In title III of Regulation No. 99-07 referred to above, the words "in France" are replaced by the words "in the territory of the French Republic".
Article 7
In article 11 of the above-mentioned Regulation No. 99-07, the words: "in metropolitan France, in overseas departments and in the territorial community of Saint-Pierre-et-Miquelon" are replaced by the words: "in the territory of the French Republic".
Article 8
In section 12 of the above-mentioned Regulation No. 99-07, the words: "in the territorial community of Saint-Pierre-et-Miquelon" are replaced by the words: "in the overseas territories, in New Caledonia, in the territorial community of Saint-Pierre-et-Miquelon or the departmental community of Mayotte".
Article 9
In article 13 of Regulation No. 99-07 referred to above, the words "in France" are replaced by the words "in the territory of the French Republic".
Article 10
An article 16-1 is added as follows:
"Art. 16-1. - For contributions of the year 2002, the branches referred to in sections 2 and 3 are subject to the provisions of section 16 of Regulation No. 99-07 referred to above. »
Article 11
In section 17 of the above-mentioned Regulation No. 99-07, the words: "and replaces Regulation No. 95-01, which nevertheless remains applicable in the Overseas Territories and the territorial community of Mayotte" are deleted.
Done in Paris, July 15, 2002.
For the Regulatory Committee
banking and financial:
The president,
J.-P. Toyet
REGULATION No. 2002-06
TO REGULATIONS N° 99-12 OF 9 JULY 1999
SEPTEMBER 6, 2000-06
Banking and Financial Regulatory Committee,
Considering Order No. 2000-1223 of 14 December 2000 on the Legislative Part of the Monetary and Financial Code, including Article 5;
Having regard to Act No. 99-209 of 19 March 1999 on New Caledonia, in particular articles 21 and 222-IV (1°);
Considering Act No. 2001-616 of 11 July 2001 on Mayotte, including articles 1 and 75 (1°);
Considering the monetary and financial code, including its books III and VII;
Considering Regulation No. 99-12 of 9 July 1999 on the terms and time limits of compensation by the bail guarantee mechanism;
In view of Regulation No. 2000-06 of 6 September 2000 on members and resources of the bond guarantee mechanism, Decides:
PART I
MODIFICATIONS OF REGULATION No. 99-12 OF 9 JULY 1999 ON MODALITIES AND INDEMNISATION DISLATED BY THE MECHANISMS OF GARANTIA
Article 1
I. - In section 2 of Regulation No. 99-12 referred to the words: "with a request for a notice of receipt" are added after the words: "recommended".
II. - At the end of the second paragraph of Article 2 of the above-mentioned Regulation No. 99-12, a sentence is added as follows:
"It also specifies the possibility for the beneficiary to choose between compensation in euros or CFP francs and the modalities to be followed. »
Article 2
In article 3 of the above-mentioned regulation No. 99-12 is added a paragraph as follows:
"Indemnification or resumption of the undertaking is, if any, made in CFP francs. In this case, the amount referred to in the preceding paragraph is equal to the CFP counter-value obtained by applying the parity defined under Article L. 712-2 of the monetary and financial code. »
PART II
MODIFICATIONS OF REGULATION No. 2000-06 OF THE 6 SEPTEMBER 2000 ON ADHEN AND RESOURCES OF THE MECHANISMS OF GARANTIA
Article 3
Section 1 of the above-mentioned Regulation No. 2000-06 is amended as follows:
I. - In the first paragraph, the words "in metropolitan France, in overseas departments and in the territorial community of Saint-Pierre-et-Miquelon" are replaced by the words "in the territory of the French Republic".
II. - In the second paragraph, the words "in metropolitan France, in overseas departments" are replaced by the words "in the territory of the French Republic and in the Principality of Monaco".
III. - In the third paragraph, the words: "foreign" are replaced by the words: "in the European Economic Area" and the words: "in the territorial community of Saint-Pierre-et-Miquelon" are replaced by the words: "in the overseas territories, in New Caledonia, in the territorial community of Saint-Pierre-et-Miquelon or the departmental community of Mayotte".
Article 4
In section 5 of Regulation No. 2000-06 referred to above, the words "five years" are replaced by the words "two years".
Article 5
An article 13 is added to Regulation No. 2000-06, which read as follows:
"For the year 2002, the amount of the contribution of the credit institutions, whose head office is located in the Overseas Territories, New Caledonia and in the Departmental Community of Mayotte, and the branches, referred to in Article 1st, located in these geographic areas, already approved by the Committee of Credit Institutions and Investment Companies as of December 31, 2001 to issue bonds, is equal to the amount of the minimum amount of EUR 1 This amount is added to that of the contribution notified by the Banking Commission for the year 2003.
"By derogation from section 5 of these Regulations, credit institutions whose head office is located in the Overseas Territories, New Caledonia as well as in the Departmental Community of Mayotte, and the branches referred to in section 1 established in these geographic areas, having been approved to issue bonds before January 1, 2002, are not required to the additional assessment. »
Done in Paris, July 15, 2002.
For the Regulatory Committee
banking and financial:
The president,
J.-P. Toyet
Done in Paris, August 22, 2002.
Francis Mer
