Instruction No. 2024-I-13 of 24 October 2024 on exchanges between the ACPR and banking sector entities modifying various instructions

AUTORITÉ DE CONTRÔLE PRUDENTIEL ET DE RÉSOLUTION

Instruction No. 2024-I-13 on exchanges between the Autorité de contrôle prudentiel et de résolution and the establishments and organizations in the banking sector modifying Instructions No. 2012-I-01 of 11 April 2012, No. 2013-I-09 of 12 July 2013, No. 2013-I-13 of 12 November 2013, No. 2013-I-16 of 12 December 2013, No. 2014-I-04 of 3 March 2014, No. 2014-I-05 of 2 June 2014, No. 2015-I-09 of 2 March 2015, No. 2017-I-05 of 6 March 2017, No. 2017-I-23 of 21 December 2017, No. 2019-I-01 of 20 February 2019, No. 2019-I-22 of 23 April 2019, No. 2023-I-19 of 23 October 2023, No. 2024-I-03 of 19 April 2024, No. 2024-I-05 of 19 April 2024, No. 2024-I-09 of 21 June 2024 and No. 2024-I-10 of 21 June 2024

The Autorité de contrôle prudentiel et de résolution (ACPR), Having regard to the Monetary and Financial Code; Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms; Having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and central securities depositories ('EMIR'); Having regard to Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019 on prudential requirements applicable to investment firms; Having regard to Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, in particular Articles 18 and 33; Having regard to Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions; Having regard to Directive EU No 2013/36 as amended on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms; Having regard to Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market; Having regard to Directive (EU) 2019/2034 of the European Parliament and of the Council of 27 November 2019 on the prudential supervision of investment firms; Having regard to Directive (EU) 2021/2167 of the European Parliament and of the Council of 24 November 2021 on credit managers and credit purchasers; Having regard to the Decree of 29 October 2009 as amended on the prudential regulation of payment establishments; Having regard to the Decree of 2 May 2013 as amended on the prudential regulation of electronic money establishments; Having regard to the Decree of 23 December 2013 as amended on the prudential regime for financing companies; Having regard to the Decree of 3 November 2014 on internal control of companies in the banking, payment services and investment services sectors subject to the supervision of the Autorité de contrôle prudentiel et de résolution; Having regard to the Decree of 11 September 2015 on the prudential regime for branches established on French territory of credit institutions having their registered office in a state that is not a member of the European Union nor a party to the Agreement on the European Economic Area; Having regard to the Decree of 4 December 2017 as amended on the approval, modification of status and withdrawal of approval of credit institutions; Having regard to the Decree of 4 December 2017 as amended on the approval, modification of status, withdrawal of approval and deregistration of investment firms and equivalent establishments; Having regard to the Decree of 4 December 2017 as amended on the approval, modification of status, withdrawal of approval and deregistration of financing companies, as well as on the reporting obligations of certain financial establishments; Having regard to the opinion of the Prudential Affairs Consultative Committee of 1 October 2024, DECIDES

Article 1: This instruction applies to: 1° credit institutions referred to in I of Article L. 511-1 of the Monetary and Financial Code; 2° third-country branches referred to in Article L. 511-10 of the Monetary and Financial Code; 3° financing companies referred to in II of Article L. 511-1 of the Monetary and Financial Code; 4° third-party financing companies referred to in Article L. 511-6 of the Monetary and Financial Code; 5° central bodies referred to in Article L. 511-30 of the Monetary and Financial Code; 6° investment firms referred to in Article L. 531-4 of the Monetary and Financial Code; 7° third-country firm branches referred to in Article L. 532-48 of the Monetary and Financial Code; 8° legal persons admitted to clearing houses referred to in 3 and 4 of Article L. 440-2 of the Monetary and Financial Code; 9° legal persons authorized to exercise activities of custody or administration of financial instruments referred to in 4 and 5 of Article L. 542-1 of the Monetary and Financial Code; 10° payment establishments and account information service providers referred to in Article L. 522-1 of the Monetary and Financial Code; 11° electronic money establishments referred to in Article L. 526-1 of the Monetary and Financial Code; 12° financial holding companies and parent financing companies referred to in Article L. 517-1 of the Monetary and Financial Code; 13° mixed financial holding companies referred to in Article L. 517-9 of the Monetary and Financial Code; 14° investment holding companies referred to in Article 4, paragraph 1, point 23 of Regulation (EU) No 2019/2033 of the European Parliament and of the Council of 27 November 2019 on prudential requirements applicable to investment firms and amending Regulations (EU) No 1093/2010, (EU) No 575/2013, (EU) No 600/2014 and (EU) No 806/2014; 15° credit managers referred to in Article L. 54-11-1 of the Monetary and Financial Code; 16° credit purchasers referred to in Article L. 54-11-28 of the Monetary and Financial Code; 17° non-profit associations and foundations recognized as public utility referred to in 5 of Article L. 511-6 of the Monetary and Financial Code; 18° issuers of tokens referring to one or more assets referred to in Article L. 553-1 of the Monetary and Financial Code; 19° financial counterparties, within the meaning of 8 of Article 2 of Regulation (EU) No 648/2012, which are subject to the supervision of the Autorité de contrôle prudentiel et de résolution; 20° branches of credit institutions referred to in Article L. 511-22 of the Monetary and Financial Code; 21° manual money changers referred to in 7° of Article L. 561-2 of the Monetary and Financial Code; 22° bodies referred to in 5° of Article L. 511-6 of the Monetary and Financial Code.

Article 2: For the entities referred to in Article 1, this instruction does not apply: 1° to requests or transmissions of information relating to customer protection; 2° to documents or information transmitted during an on-site inspection provided for in Article L. 612-23 of the Monetary and Financial Code; 3° to the submission of annual and quarterly prudential documents provided for by current regulations, the technical and methodological modalities of which are defined by Instructions No. 2022-I-23, No. 2022-I-03, No. 2016-I-07, No. 2024-I-07, No. 2023-I-23, No. 2023-I-22, No. 2023-I-18, No. 2023-I-17, No. 2023-I-16, No. 2023-I-15, No. 2022-I-15, No. 2021-I-02, No. 2020-I-04, No. 2017-I-24, No. 2017-I-19, No. 2015-I-08, No. 2014-I-08, No. 2011-I-14, No. 2008-04, No. 2014-I-12, No. 2014-I-11, No. 2014-I-02, No. 2010-06, No. 2010-06, No. 2009-03, No. 2022-I-18, No. 2022-I-01, No. 2018-I-20, and No. 2017-I-11; 4° to all information relating to credit institutions for which the ECB is the competent authority under Regulation 1024/2013; 5° to requests or transmissions relating to the fight against money laundering and terrorist financing for manual money changers referred to in Article L. 524-1 of the Monetary and Financial Code.

Article 3: Apart from the cases referred to in Article 2 and subject to the rules applicable to the exchange of data transmitted electronically as specified by ACPR instructions, the bodies subject to this instruction referred to in Article 1 shall send any application for authorization, notification or declaration, including those provided for by the instructions listed in the annex, duly completed and signed, as well as any document or information, in electronic format to the Autorité de contrôle prudentiel et de résolution by depositing it on the portal accessible at the following address: https://acpr-portail.banque-france.fr

Article 4: The articles of the instructions listed below are replaced by the following provisions: 1° Article 5 of Instruction No. 2012-I-01 of 11 April 2012 is replaced by the following provisions: "Requests for opinions are transmitted in electronic format to the Autorité de contrôle prudentiel et de résolution by depositing them on the portal accessible at the following address: https://acpr-portail.banque-france.fr."

2° Article 9 of Instruction No. 2013-I-09 is replaced by the following provisions: "The form and supplementary documents, duly completed and signed, are to be sent in electronic format to the Autorité de contrôle prudentiel et de résolution by depositing them on the portal accessible at the following address: https://acpr-portail.banque-france.fr."

3° Article 5 of Instruction No. 2013-I-13 of 12 November 2013 is replaced by the following provisions: "The form and supplementary documents, duly completed and signed, are to be sent in electronic format to the Autorité de contrôle prudentiel et de résolution by depositing them on the portal accessible at the following address: https://acpr-portail.banque-france.fr."

4° The last paragraph of Article 2 of Instruction No. 2013-I-16 of 12 December 2013 is replaced by the following provisions: "This file, duly completed and signed, must be sent in electronic format to the ACPR by depositing it on the portal accessible at the following address: https://acpr-portail.banque-france.fr."

5° Article 2 of Instruction No. 2014-I-04 is replaced by the following provisions: "Subject entities wishing to benefit from the exemption from the clearing obligation provided for in Article 4, paragraph 2, of the EMIR Regulation, in the context of intragroup transactions involving OTC derivative contracts, within the meaning of Article 3 of the same Regulation, notify their intention to the Autorité de contrôle prudentiel et de résolution. To this end, the reporting entities complete, as appropriate:

1. the 'group form' (Annex 1) when the other counterparty or counterparties is/are:

• a financial counterparty, within the meaning of 8 of Article 2 of the EMIR Regulation,
• included in the same consolidation scope in accordance with Article 3(3) of the EMIR Regulation,
• and subject to the supervision of the Autorité de contrôle prudentiel et de résolution;

2. or, the 'individual form' (Annex 2), when the other counterparty is not subject to the supervision of the Autorité de contrôle prudentiel et de résolution. They transmit one of the two forms to the Autorité de contrôle prudentiel et de résolution in xls format via the portal accessible at the following address: https://acpr-portail.banque-france.fr. The 30 calendar day deadlines provided for in a) and b) of Article 4, paragraph 2, of the EMIR Regulation run from the date of receipt of all information elements referred to by either of the forms mentioned in the preceding paragraph."

6° Article 3 of Instruction No. 2014-I-05 is replaced by the following provisions: "The form and supplementary documents, duly completed and signed, are to be sent in electronic format to the Autorité de contrôle prudentiel et de résolution by depositing them on the portal accessible at the following address: https://acpr-portail.banque-france.fr."

7° Article 2 of Instruction No. 2015-I-09 is replaced by the following provisions: "Subject companies transmit to the General Secretariat of the Autorité de contrôle prudentiel et de résolution an application file written in French by depositing it on the portal accessible at the following address: https://acpr-portail.banque-france.fr."

8° Article 2 of Instruction No. 2017-I-05 is replaced by the following provisions: "Subject entities wishing to benefit from the exemptions from the mandatory exchange of collateral provided for in paragraphs 6, 8 and 10 of Article 11 of the EMIR Regulation, in the context of intragroup transactions involving OTC derivative contracts, within the meaning of Article 3 of the same Regulation, request authorization from the Autorité de contrôle prudentiel et de résolution. To this end, the reporting entities complete the 'application form' attached to this instruction and transmit it in xls format via the portal accessible at the following address: https://acpr-portail.banque-france.fr. In accordance with Article 32, paragraphs 3 and 8 of Delegated Regulation (EU) No 2016/2251 of the Commission of 4 October 2016, the processing deadline for applications begins on the date of receipt of all information elements referred to by the form mentioned in the preceding paragraph."

9° Article 9 of Instruction No. 2017-I-23 is replaced by the following provisions: "The information required under this instruction is transmitted to the Autorité de contrôle prudentiel et de résolution in electronic format by depositing it on the portal accessible at the following address: https://acpr-portail.banque-france.fr."

10° The single article of Instruction No. 2019-I-01 is replaced by the following provisions: "The request for exemption from the emergency mechanism applicable to a dedicated interface referred to in Article 1 of the aforementioned decree is presented using the form in the annex to this instruction. This form, along with any requested supplementary documents, must be completed electronically on the ACPR portal, at the following address: https://acpr-portail.banque-france.fr."

11° Article 7 of Instruction No. 2019-I-22 is replaced by the following provisions: "The form and supplementary documents, duly completed and signed, are to be sent in electronic format to the Autorité de contrôle prudentiel et de résolution by depositing them on the portal accessible at the following address: https://acpr-portail.banque-france.fr."

12° Article 3 of Instruction No. 2021-I-19 of 6 December 2021 is replaced by the following provisions: "This form, along with any requested supplementary documents, must be completed electronically and deposited on the portal accessible at the following address: https://acpr-portail.banque-france.fr."

13° Article 3 of Instruction No. 2023-I-19 of 23 October 2023 is replaced by the following provisions: "This form, along with any requested supplementary documents, must be completed electronically and deposited on the portal accessible at the following address: https://acpr-portail.banque-france.fr."

14° Article 5 of Instruction No. 2024-I-03 of 19 April 2024 is replaced by the following provisions: "The form and supplementary documents, duly completed and signed, as well as declarations of modification of status and supporting documents, are to be sent in electronic format to the Autorité de contrôle prudentiel et de résolution by depositing them on the portal accessible at the following address: https://acpr-portail.banque-france.fr."

15° Article 3 of Instruction No. 2024-I-05 of 19 April 2024 is replaced by the following provisions: "The form and supplementary documents, duly completed and signed, are to be sent in electronic format to the Autorité de contrôle prudentiel et de résolution by depositing them on the portal accessible at the following address: https://acpr-portail.banque-france.fr."

16° Article 3 of Instruction No. 2024-I-09 of 21 June 2024 is replaced by the following provisions: "The form and supplementary documents, duly completed and signed, are to be sent in electronic format to the ACPR by depositing them on the portal accessible at the following address: https://acpr-portail.banque-france.fr."

17° Article 4 of Instruction No. 2024-I-10 of 21 June 2024 is replaced by the following provisions: "The declarations mentioned in the preceding articles are made in electronic format within a period of 15 days from the decision unless otherwise provided, according to the following procedure: • Either on the 'IMAS' portal set up by the European Central Bank (https://imas.ecb.europa.eu), for procedures falling under its competence and concerning establishments under its direct supervision, by completing the 'ECB Fit&Proper' form, also available on the IMAS Portal, and depositing the supplementary documents. • Or on the portal accessible on the ACPR website (https://acpr-portail.banque-france.fr) by filling in the form attached during the approval process, or by completing its electronic version on the portal in case of appointment or renewal for subject establishments, and depositing the supplementary documents."

Article 5: The references to the electronic address 'https://acpr-autorisations.banque-france.fr' provided for in the annexes to the aforementioned instructions are replaced by the electronic address 'https://acpr-portail.banque-france.fr'.

Article 6: This instruction is published in the official register of the Autorité de contrôle prudentiel et de résolution and enters into force on 20 January 2025. Made in Paris, on 24 October 2024 For the Banking Sector Sub-College The Designated President, Denis BEAU

ANNEX Instructions in force subject to modification of provisions relating to communication with the ACPR

Subject	Instruction	Article
Change of control	2021-I-19	Article 3
Approval	2013-I-09	Article 9
2019-I-22	Article 7
2023-I-19	Article 3
2024-I-03	Article 5
2024-I-05	Article 3
2024-I-09	Article 3
Exemption from approval	2013-I-13 modified by Instructions No. 2018-I-01, 2018-I-02 and No. 2019-I-17	Article 5
Directors	2024-I-10	Article 4
Legal Entity Identifier (LEI)	2013-I-16 modified by Instructions No. 2019-I-18 and No. 2021-I-21	Article 2
EMIR Exemption	Instruction No. 2014-I-04 modified by Instruction No. 2017-I-06	Article 2
Instruction No. 2017-I-05	Article 2
Specific Auditors	2012-I-01 modified by Instructions No. 2014-I-14 and No. 2016-I-08	Article 5
Securitization notifications	2017-I-23	Article 9
Advanced liquidity approach for financing companies	2015-I-09	Article 2
Electronic money establishments	2014-I-05	Article 3
Exemption from emergency mechanism	2019-I-01	Single article