2015-06-02
The Prudential Control and Resolution Authority (ACPR) issued this instruction to define the specific documentation requirements for financial institutions seeking authorization to apply the advanced approach to liquidity risk under French regulations. It mandates that eligible entities submit a comprehensive application package in French via the ACPR portal, including a signed commitment letter, an internal validation report from the independent internal control unit, and supporting documents listed in the annexes. The instruction entered into force on January 1, 2016, replacing previous banking commission guidelines and establishing the procedural framework for ACPR's assessment of liquidity risk management capabilities.
Instruction No. 2015-I-09 dated March 2, 2015, regarding the application file for authorization to apply the advanced approach to liquidity risk, as amended by Instruction No. 2024-I-13 of October 24, 2024
The Prudential Control and Resolution Authority, Having regard to the Monetary and Financial Code, particularly Articles L. 511-41 and L. 611-1; Having regard to the Order of May 5, 2009, relating to the identification, measurement, management, and control of liquidity risk; Having regard to the Order of November 3, 2014, relating to internal control of companies in the banking, payment services, and investment services sectors subject to the supervision of the Prudential Control and Resolution Authority; Having regard to the Order of December 23, 2013, relating to the prudential regime of financing companies; Having regard to the opinion of the Prudential Affairs Consultative Committee dated January 30, 2015,
DECIDES
Article 1
This Instruction applies to entities subject to the aforementioned Order of May 5, 2009, which request authorization from the Prudential Control and Resolution Authority to apply the advanced approach to liquidity risk pursuant to Article 24 of that same Order, hereinafter referred to as "subject entities."
Article 2
Subject entities shall transmit an application file for authorization, drafted in French, to the General Secretariat of the Prudential Control and Resolution Authority by submitting it via the portal accessible at the following address: https://acpr-portail.banque-france.fr.
The application file for authorization shall be accompanied by a letter signed by one of the managers responsible for the subject entity within the meaning of Article L. 511-13 of the Monetary and Financial Code. The letter shall specify the desired implementation date of the advanced approach to liquidity risk and include the subject entity's commitment that the documents and information provided present an accurate and faithful summary and omit no significant facts.
Article 3
The application file for authorization shall include the internal validation report of the independent internal control unit mentioned in Article 25 of the aforementioned Order of May 5, 2009, regarding the envisaged advanced approach to liquidity risk, the status of follow-up on any action plans resulting therefrom, as well as all elements mentioned in Annex 1 of this Instruction. The application file for authorization must comply with the requirements set forth in Articles 148 to 186 of the aforementioned Order of November 3, 2014. The application file for authorization may be supplemented by any other document that the subject entity considers useful for the Prudential Control and Resolution Authority's assessment.
Article 4
When the application file for authorization is incomplete, its processing shall be suspended until the missing elements are received.
Article 5
Subject entities shall keep available to the General Secretariat of the Prudential Control and Resolution Authority and, where applicable, to the on-site inspection mission, the elements listed in Annex 2 of this Instruction.
The list in Annex 2 does not prejudice other documents that may be requested by the General Secretariat of the Prudential Control and Resolution Authority.
Article 6
This Instruction shall enter into force on January 1, 2016, the date on which Instruction No. 2009-08 of the Banking Commission is repealed.
Paris, March 2, 2015 The President of the Prudential Control and Resolution Authority, Robert OPHÈLE