Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Industry and Employment,
Considering the amended Organic Law No. 99-209 of 19 March 1999 on New Caledonia;
Having regard to the amended Organic Law No. 2004-192 of 27 February 2004 establishing the status of autonomy of French Polynesia;
Vu le monetary and financial code ;
Vu la Act No. 61-814 of 29 July 1961 amended conferring on the Wallis and Futuna islands the status of overseas territory;
Vu le Decree No. 2010-257 of 12 March 2010 taken for application ofOrder No. 2009-866 of 15 July 2009 the conditions governing the provision of payment services and establishing payment facilities;
Considering the advice of the Financial Legislation and Regulation Advisory Committee dated 12 May 2010;
The State Council (Finance Section) heard,
Decrete:
The monetary and financial code is reinstated in its writing prior to the amendment introduced by the 2° of Article 4 of the Decree of 12 March 2010 referred to above.
I. ― Chapter III of Book VI title I of the same code is amended as follows:
1° The title of section 2 is replaced by the following title:
“Section 2. Provisions relating to the treatment of credit institutions, payment institutions and investment companies in difficulty";
2° The title of subsection 1 of the same section is replaced by the following title:
"Subsection 1. Measures specific to the judicial recovery and liquidation of credit institutions, payment institutions and investment companies";
3° The title of paragraph 2 of the same subsection is replaced by the following title:
Paragraph 2. Provisions relating to safeguard, recovery, judicial liquidation and conciliation procedures applicable to credit institutions, payment institutions and investment companies."
II.-Subsection 2 referred to in 3° above includes section R. 613-20-1 created by the h of 3° of Article 4 of the decree of 12 March 2010 referred to above.
I. ― Is applicable in New Caledonia, French Polynesia and in the Wallis and Futuna islands the modification of theArticle R. 131-43 of the monetary and financial code by thearticle 1 of the decree of 12 March 2010 referred to above and the repeal of article R. 132-1 of the same code by the b of article 4 of the same decree.
II. - In sections R. 741-3, R. 751-3 and R. 761-3 of the same code, the reference "R. 132-1" is deleted.
I. ― Article R. 314-1 inserted in chapter IV of title I of Book III of the same code by the 2° of Article 2 of the Decree of 12 March 2010 referred to above is applicable in New Caledonia, French Polynesia and Wallis and Futuna Islands.
II.-Book VII of the same code is amended to read:
1° Section 1 of Chapter III of Title IV is supplemented by sub-section 4 as follows:
"Subsection 4
« Payment services
"Art.R. 743-6-1.-Section R. 314-1 is applicable in New Caledonia. » ;
2° Section 1 of Chapter III of Title V is supplemented by sub-section 4 as follows:
"Subsection 4
« Payment services
"Art.R. 753-6-1.-Article R. 314-1 is applicable in French Polynesia. » ;
3° Section 1 of Chapter III of Title VI is supplemented by sub-section 4 as follows:
"Subsection 4
« Payment services
"Art.R. 763-6-1.-Article R. 314-1 is applicable in the Wallis and Futuna Islands. » ;
4° Articles D. 743-6-1, D. 753-6-1 and D. 763-6-1 respectively become articles D. 743-6-2, D. 753-6-2 and D. 763-6-2.
I. ― Are applicable in New Caledonia, French Polynesia and the Wallis and Futuna Islands:
1° The modification of title I of book VI of the monetary and financial code by the 1° of Article 4 of the Decree of 12 March 2010 referred to above ;
2° The modification of the titles of section 2 of chapter III of the same title, subsection 1 and paragraph 2 of that same subsection by the I of Article 2 of this Decree;
3° Amendments to sections R. 613-10 to R. 613-12, R. 613-14, R. 613-16 and R. 613-23 of the same code by d, f and g of the 3rd section;
4° Article R. 613-20-1 inserted in Book VI by the h of 3° of the same article;
5° Articles R. 615-9 to R. 615-12 andarticle R. 616-1 monetary and financial code.
II.-Book VII of the monetary and financial code is amended as follows:
1° The titles IV, V and VI, section 1, is replaced by the following title:
"Institutions common to credit institutions, payment institutions and investment companies";
2° Section 1 of Chapter VI of Title IV is supplemented by sub-sections 6 and 7 as follows:
"Subsection 6
“Other authorities
"Art.R. 746-8-1.-R. 615-9 to R. 615-12 are applicable in New Caledonia.
"Subsection 7
“Incompatibility
"Art.R. 746-8-2.-Section R. 616-1 is applicable in New Caledonia. » ;
3° Section 1 of Chapter VI of Title V is supplemented by sub-sections 5 and 6 as follows:
"Subsection 5
“Other authorities
"Art.R. 756-3-1.-R. 615-9 to R. 615-12 are applicable in French Polynesia.
"Subsection 6
“Incompatibility
"Art.R. 756-3-2.-Article R. 616-1 is applicable in French Polynesia. » ;
4° Section 1 of Chapter VI of Title VI is supplemented by sub-sections 5 and 6 as follows:
"Subsection 5
“Other authorities
"Art.R. 766-3-1.-R. 615-9 to R. 615-12 are applicable in the Wallis and Futuna Islands.
"Subsection 6
“Incompatibility
"Art.R. 766-3-2.-Article R. 616-1 is applicable in the Wallis and Futuna Islands. »
The Minister of Economy, Industry and Employment is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, August 26, 2010.
François Fillon
By the Prime Minister:
Minister of Economy,
industry and employment,
Christine Lagarde
