2024-03-27

Decision No. 2024-02 of March 21, 2024 amending Decision No. 2012-01 of June 29, 2012 regarding the exercise of Banque de France's missions on the negotiable debt securities market

The Governor of the Banque de France issued Decision No. 2024-02 to amend the regulatory framework governing the Banque de France's oversight of the negotiable debt securities market. The decision modernizes submission requirements by allowing electronic financial documentation and delegating detailed statistical reporting specifications to the Banque de France's website. It also updates provisions concerning the communication of suspension and prohibition decisions to the Autorité des marchés financiers and their publication on the Banque de France's website.

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DATE OF PUBLICATION: March 27, 2024 Decision No. 2024-02 of March 21, 2024 amending Decision No. 2012-01 of June 29, 2012 regarding the modalities for the exercise of the Banque de France's missions on the market for negotiable debt securities

THE GOVERNOR OF THE BANQUE DE FRANCE

Having regard to:

  • Articles L. 213-0-1 to L. 213-4-1, L. 631-1 and D. 213-1 to D. 213-14 of the Monetary and Financial Code,
  • The Order of May 30, 2016 reforming negotiable debt securities,

DECIDES

Article 1

The decision of the Governor of the Banque de France No. 2012-01 regarding the modalities for the exercise of the Banque de France's missions on the market for negotiable debt securities (hereinafter "the Decision") is amended as follows:

  1. At Article 2: The first paragraph is replaced by the following text:

"1. Issuers send their financial documentation to the Banque de France in one of the following formats: (i) When they opt for the paper format, they send, in parallel with the mailing, by registered mail with acknowledgment of receipt or by courier, of the paper version of the financial documentation, an electronic version of the financial documentation and, where applicable, the summary in French or the translation, in a single file in electronic format. The handwritten signatures present on the paper version of the financial documentation are replaced, on the electronic version, by the issuer's seal or the mention of the signatory's name, unless expressly requested otherwise.

(ii) When they opt for the electronic format, they send an electronic version of the financial documentation signed according to the modalities specified by the Banque de France on its website."

  1. Article 3 is replaced by the following text:

"The detailed content of the statistical information on negotiable debt securities that issuers must communicate to the Banque de France in accordance with Article D.213-14 of the aforementioned Monetary and Financial Code, as well as the frequency of providing this information and the technical means of communication, are specified according to the modalities set by the Banque de France on its website."

  1. At Article 5: a) The sixth paragraph is replaced by the following text:

"6. In application of Article L. 631-1 of the Monetary and Financial Code, the Banque de France communicates to the Autorité des marchés financiers information relating to decisions of suspension and prohibition of issuance. In particular, this authority receives copies of the letters of formal notice and notification sent by the Banque de France to issuers within the framework of this procedure."

b) The seventh paragraph is replaced by the following text:

"7. The Banque de France's website may mention decisions of suspension and prohibition of issuance."

Article 2

Publication and entry into force

  1. This Decision is published in the Official Publication Register of the Banque de France.
  2. It enters into force on March 21, 2024.

Done in Paris, on March 1, 2024 The Governor of the Banque de France François VILLEROY DE GALHAU