Key Benefits:
The Supervisory College of the Plpleniere,
Seen Monetary and Financial Code, including articles L. 612-1, L. 612-5, L. 612-13, L. 612-14, L. 612-15, R. 612-7 and R. 612-18;
In light of Decision No. 2010-10 of April 12, 2010, amended delegating authority from the College of the Prudential Control Authority and resolution to its President;
In view of Decision No. 2010-11 of April 12, 2010 modified delegating skills of the College of the Supervisory Authority and Resolution to the Secretary General;
After deliberation,
Decides:
Decision 2010-10 of 12 April 2010 is thus amended:
1 ° In the first paragraph of Article 1, the words: " , as appropriate, " Are inserted between the words: " For " And " Make decisions " And the word: " " Is replaced by the words: " Or to adopt the proposals for decisions transmitted to the European Central Bank ' ;
2 ° d, f, h, l and m of the I shall be replaced by d, f, h, l and m thus written:
" (d) The cessation of the exercise of a type of bank operations in accordanceArticle L. 511-10 of the Currency Code and Financial, of credit services pursuant to Article L. 511-1-II and investment services pursuant to article L. 532-1 of the monetary and financial code, with the exception of termination in the course of an operation reviewed by the Supervisory College for the distribution of the capital of the credit institution, the finance company or the undertaking Investment concerned; " ;
" (f) Withdrawal of approval, at the request of a taxable person, where the decision takes effect without a period of clearance of the situation under article L. 511-15, L. 511-15 -1, L. 522-11 , L. 526-14 and L. 526-16 or L. 532-6 of the monetary and financial code for credit institutions, finance companies, payment institutions, electronic money institutions or investment firms, respectively, with the exception of Withdrawal in the course of an authorisation operation examined by the College of Supervision; " ;
" (h) Withdrawal of approval resulting from the non-use of a licence within 12 months of the application of the articles L. 511-15, L. 511-15 -1, L. 522-11, L. 526-15 and L. 532-6 of the Monetary and Financial Code for credit institutions, finance companies, payment institutions, electronic money institutions and investment firms, respectively; " ;
" (l) Withdrawal of the approval of a financing company in the event of the transfer of its head office or its headquarters outside France, in application of second paragraph of article L. 511-15 -1 of the monetary and financial code ;
" m) Changes to the name or The trade name pursuant to Articles L. 511-12-1-II and L. 532-3-1 of the Monetary and Financial Code for credit institutions and finance companies and for investment firms, respectively, and Article 7 of the Regulation of the Committee on Banking and Financial Regulation n ° 96-16, with the exception of amendments in the context of an operation reviewed by the Supervisory College for the distribution of the capital of the credit institution, the finance company or the undertaking Investment concerned; " ;
3 ° It is inserted after the m of the I a reading:
"m") Amendments relating to the measures taken by an electronic money institution to protect the funds collected in exchange for the issuance of electronic money in accordance with article L. 526-32 of the monetary and financial code, in accordance with article 6 of the decree of 2 May 2013 on the regulation Prudential supervision of electronic money institutions." ;
4 ° The n and o of II are replaced by the n and o thus written:
" (n) The crossing of the thresholds referred to in Article 7 of the Order of 29 October 2009 concerning the prudential regulation of payment institutions or Article 7 of the Decree of 2 May 2013 on the prudential regulation of Electronic money institutions, with the exception of the change of control in respect of a payment institution or an electronic money establishment whose total social or consolidated balance sheet is greater than EUR 10 million, and Any crossing of threshold in the context of an operation under review By the Supervisory College;
(o) The crossing of the thresholds referred to in Articles L. 511-12-1-I and L. 532-3-1 of the Monetary and Financial Code for credit institutions and finance companies and for investment firms, respectively, and Article 2.1 of the Regulation of the Banking and Financial Regulation Committee n ° 96-16, with the exception of transactions not occurring within a group within the meaning ofarticle L. 233-3 of the trade code and Leading to the crossing of the 50 % threshold for voting rights Or the acquisition or transfer of a subsidiary within the meaning of Article 4 of Regulation (EU) 575/2013 in respect of credit institutions, finance companies or investment firms whose total number of social or consolidated balance sheets is Above EUR 1 billion, EUR 150 million and EUR 20 million respectively, as well as any threshold crossing involved in an operation examined by the supervisory college; ' ;
5 ° The q and r of the III are replaced by the following:
" (q) The exercise of the free establishment of credit institutions, finance companies and investment firms having their registered office in France, in Applying L. 511-27, L. 511-28 and L. 532-23 of the Monetary and Financial Code respectively, and Articles 2 to 5 of the Rules of Procedure of the Committee on Banking Regulation No 92-12 of 23 December 1992 concerning the supply of banking services abroad by the institutions of Credit and financial institutions having their registered office in France;
(r) The exercise of the free establishment of payment institutions and electronic money institutions having their registered office in France, in application Item L. 522-13 and L. 526-22 and L. 526-23 of the Monetary and Financial Code; " ;
6 ° IV is replaced by the IV thus written:
" IV. -As regards the appointment of members of the governing bodies:
(t) The appointment or renewal of natural persons, including representatives of legal persons, members of boards of directors, supervisory boards or any other body performing work of equal value A credit institution, an investment firm or a financing company in accordance with the provisions of Article L. 612-23-1 and article R. 612-29-3 of the monetary and financial code as well as the opinion on these appointments as provided for in Article L. 612-23-1 and R. 612-29-4 of the Code;
u) Appointment and renewal, in accordance with the provisions of the Article L. 612-23-1 and article R. 612-29-3 of the monetary and financial code, the leaders referred to inArticle L. 511-13 of the Monetary and Financial Code of the Substantial credit institutions within the meaning of Article 6, paragraph 4, of the Council Regulation 1024/2013 of 15 October 2013, when these establishments are approved to provide investment services in accordance with article L. 531-1 of the monetary and financial code." ;
7 ° IV becomes V and point t point v.
Decision 2010-11 of 12 April 2010 is thus amended:
1 ° The b and the q of the I are replaced by the b and the q so drafted:
" (b) The cancellation of a financial holding company or a parent company of a financing company referred to inArticle L. 517-1 of the monetary and financial code as well as a joint holding company or a joint parent company of the financing company referred to in article L. 517-4-1 of the code Of lists referred to in Article R. 612-20 of that Code; " ;
" (q) The notice relating to the appointment or renewal of the mandate of the specific auditors of the land credit societies referred to in article L. 513-23 of the monetary and financial code and the habitat finance companies targeted at article L. 513-28 of the monetary and financial code, Pursuant to Articles L. 513-23 and L. 513-32 of the said Code; ;
2 ° It shall be inserted between the b and c of the I a b 'worded as follows:
" b') The registration of payment institutions' agents in accordance with article L. 523-1 of the monetary and financial code ; " ;
3 ° To t and u of the I, after the words: " Credit institutions " shall be inserted as follows: , the finance companies " ;
4 ° It is inserted between the ff and gg a ff 'thus written:
" ff') the authorization to use the data mentioned in paragraphs 15 and 16 of Article 3 of the decree of 19 December 2014 concerning the publication of information relating to the Encumbered assets; " ;
5 ° In lll of II, after the words: " In Article L. 631-1 ' shall be inserted: ' , in Articles L. 631-2-1, VI of Article L. 612-1, Article L. 632-4, Article L. 632-6-1 and Article L. 562-8 ;
6 ° In mm of II, after the words: " ', shall be inserted the words: ' As well as the communication to the tax administration of documents or information in accordance with Article L. 84 D of the book of tax procedures " ;
7 ° It is inserted between the mmm and the nnn of the II one mmm, thus written:
"mmm") Transmission to the body responsible for maintaining the register of persons referred to in L. 546-1 of the Code Information to these persons in accordance with Article L. 546-4 of this Code and to the article L. 514-4 of the insurance code ; " ;
8 ° At ppp of III, the words: " Or Article L. 613-32-1 " And " Or Article R. 613-33 " Are inserted after the words: " Referred to in Article L. 613-20-2 ' And " R. 613-2 " ; " ;
9 ° At qqq, the words: " Or one of their subsidiaries " Are deleted and the words: " The provisions of Articles R. 613-1-3 to R. 613-1-5 " Are replaced by the words: " In Article L. 613-32-1 and Article R. 613-32 " ;
10 ° At rrr, the words: " Or liquidity " Are inserted after the words: " "Own funds" ;
11 ° At point sss, the words: " Of Article R. 613-1-6 " Are replaced by the words: " I of Article L. 613-32-1 and I of Article R. 613-31-1 ' ;
12 ° In ttt, the words: " Or liquidity " Are inserted after the words: " "Own funds" And the words: " Of Article R. 613-4-1 " Are replaced by the words: " Article L. 613-21-3 and R. 613-1-A ".
This decision shall be published in the Official Journal of the French Republic.
Done at Paris, March 16, 2015.
The President,
C. Noyer
