2022-04-11

Instruction No. 2022-I-09 of April 11, 2022, amending Instruction No. 2018-I-07 of July 9, 2018, regarding the withdrawal of approval, authorization, or registration of credit institutions, financing companies, third-party financing companies, investment firms, payment institutions, account information service providers, or electronic money institutions

The Prudential Control and Resolution Authority (ACPR) issued Instruction No. 2022-I-09 to amend the regulatory framework governing the withdrawal of approvals, authorizations, or registrations for specific financial entities. This amendment updates the definition of 'establishments and bodies subject to the instruction' to explicitly include financing companies, third-party financing companies, investment firms, payment institutions, account information service providers, and electronic money institutions, while removing credit institutions from this specific scope. The instruction also revises the title of the parent document to reflect these changes and replaces the associated annex, entering into force the day after its publication.

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PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2022-I-09 amending Instruction No. 2018-I-07 of July 9, 2018 regarding the withdrawal of approval, authorization, or registration of credit institutions, financing companies, third-party financing companies, investment firms, payment institutions, account information service providers, or electronic money institutions as amended by Instruction No. 2019-I-20 of April 23, 2019

The Prudential Control and Resolution Authority (ACPR), Having regard to the Monetary and Financial Code, particularly Articles L. 511-15-1, L. 522-11, L. 522-11-3, L. 526-14 and subsequent articles, L. 532-6; Having regard to Article R. 518-71-II of the Monetary and Financial Code; Having regard to the Order of October 29, 2009, concerning the prudential regulation of payment institutions; Having regard to the Order of May 2, 2013, concerning the prudential regulation of electronic money institutions; Having regard to the Order of December 4, 2017, relating to approval, changes in status, withdrawal of approval, and deregistration of investment firms and establishments treated as such; Having regard to the Order of December 4, 2017, relating to approval, changes in status, withdrawal of approval, and deregistration of financing companies, as well as to declarative obligations of certain financial institutions; Having regard to Instruction No. 2018-I-07 of July 9, 2018, regarding the withdrawal of approval, authorization, or registration of credit institutions, financing companies, third-party financing companies, investment firms, payment institutions, account information service providers, or electronic money institutions; Having regard to Instruction No. 2019-I-20 of April 23, 2019, amending Instruction No. 2018-I-07 of July 9, 2018, regarding the withdrawal of approval, authorization, or registration of credit institutions, financing companies, third-party financing companies, investment firms, payment institutions, account information service providers, or electronic money institutions;

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Having regard to the communication of the French Banking Organization and Standardization Committee (CFONB) concerning the new complementary rule applicable to bank mergers and acquisitions regarding the handling of banking coordinates, dated September 28, 2021; Having regard to the opinion of the Prudential Affairs Consultative Committee of March 24, 2022,

DECIDES

Article 1: Article 1 of the aforementioned Instruction No. 2018-I-07 is replaced by the following provisions:

"The following are hereinafter referred to as 'establishments and bodies subject to the instruction':

  • financing companies referred to in paragraph II of Article L. 511-1 of the same Code;
  • third-party financing companies referred to in Article L. 511-6 of the same Code;
  • investment firms referred to in Article L. 531-4 of the same Code;
  • payment institutions referred to in Article L. 522-1-I of the same Code;
  • account information service providers referred to in Article L. 522-1-II of the same Code;
  • electronic money institutions referred to in Article L. 526-1 of the same Code."

Article 2: The title of the aforementioned Instruction No. 2018-I-07 is replaced by the following title:

"Instruction No. 2018-I-07 of July 9, 2018, regarding the withdrawal of approval, authorization, or registration of financing companies, third-party financing companies, investment firms, payment institutions, account information service providers, or electronic money institutions."

Article 3 The annex to the aforementioned Instruction No. 2018-I-07 is replaced by the annex to this instruction.

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Article 4: This instruction shall enter into force the day following its publication in the Official Register of the Prudential Control and Resolution Authority. Paris, April 11, 2022 The Designated President, Denis BEAU