Key Benefits:
Publics concerned: credit institutions, certain investment companies, holding financial companies, mixed holding financial companies.
Purpose: Reporting obligations for systemic measurement indicators.
Entry into force: this order will enter into force on the day after the date of its publication.
Notice: This draft decree, taken on the basis of articles L. 611-1 and L. 611-3 of the monetary and financial code, allows the decline in France of the European Banking Authority's guidelines for the publication of the indicators of systemic character (EBA/GL/2014/02). These guidelines extend the publication obligations applicable to institutions of global systemic importance, as defined in Implementing Regulations (EU) No. 1030/2014, to subject companies with more than 200 billion exposures under the leverage ratio.
References: the provisions of this Order are available on the website Légifrance (http://www.legifrance.gouv.fr).
Minister of Finance and Public Accounts,
Having regard to Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 concerning prudential requirements for credit institutions and investment companies and amending Regulation (EU) No. 648/2012;
In view of Commission Implementing Regulation (EU) No. 1030/2014 of 29 September 2014 defining technical standards of execution in order to specify the harmonized formats and dates for the publication of the values used to identify institutions of global systemic importance in accordance with Regulation (EU) No. 575/2013 of the European Parliament and the Council;
Considering the monetary and financial code, including articles L. 611-1 and L. 611-3;
Considering the opinion of the Autorité des marchés financiers dated 9 December 2014;
Having regard to the Advisory Committee on Financial Legislation and Regulations dated 11 December 2014,
Stop it!
When their size indicator, defined by the schedule to the above-mentioned Commission's Implementing Regulations (EU) No. 1030/2014 of 29 September 2014, is more than 200 billion euros, the provisions of the above-mentioned Commission's Implementing Regulations (EU) No. 1030/2014 of 29 September 2014 apply to the following companies:
1° To credit institutions, within the meaning of Article I L. 511-1 of the monetary and financial code, which are not subsidiaries, within the meaning of Article I L. 511-20 of the same code, of credit institutions, of investment enterprises defined in paragraph 1 of Article 4 of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 referred to above or of the European financial companies
2° To investment companies, within the meaning of Article L. 533-2-1 of the same code, which are not subsidiaries, within the meaning of Article I L. 511-20 of the same code, of credit institutions, of investment enterprises defined in paragraph 1 of Article 4 of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 referred to above or of financial companies
3° To the holding financial companies, within the meaning of Article L. 517-1 of the same code, which are not subsidiaries, within the meaning of Article I of Article L. 511-20 of the same code, of credit institutions, of investment enterprises defined in paragraph 1 of Article 4 of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 referred to above or of financial companies holding or
4° To the joint holding financial companies, within the meaning of Article L. 517-4 of the same code, which are not subsidiaries, within the meaning of Article I L. 511-20 of the same code, of credit institutions, of investment enterprises defined in paragraph 1 of Article 4 of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 referred to above or of financial companies
The present order will be issued in the Official Journal of the French Republic.
Done on 19 December 2014.
For the Minister and by delegation:
The head of the economic finance department,
D. d'Amarzit
