Instruction 2024-I-10 of June 21, 2024, on the appointment or renewal of a senior manager or a member of a supervisory body

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2024-I-10 on the appointment or renewal of a senior manager or a member of a supervisory body amended by Instruction No. 2024-I-13 of October 24, 2024

The Prudential Control and Resolution Authority (ACPR), 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 Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019 on prudential requirements for investment firms; 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 the Monetary and Financial Code, in particular Articles L. 511-13, L. 511-51, L. 511-52, L. 517-5, L. 517-9, L. 517-13, L. 522-6, L. 526-9, L. 532-2, L. 533-25, L. 533-26, L. 612-2, L. 612-23-1, L. 54-11-4, R. 54-11-1, R. 518-59, R. 612-29-3 and R. 612-29-4; Having regard to the Decree of 29 October 2009, as amended, on the prudential regulation of payment institutions; Having regard to the Decree of 2 May 2013, as amended, on the prudential regulation of electronic money institutions; 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 institutions; 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 institutions; Having regard to the opinion of the Prudential Affairs Consultative Commission of 12 June 2024,

DECIDES

Article 1:
The following are hereinafter referred to as "subject institutions and bodies":
1° Credit institutions referred to in I of Article L. 511-1 of the Monetary and Financial Code; 2° Branches of credit institutions from third countries defined in Article L. 511-10 of the same Code; 3° Financing companies referred to in II of Article L. 511-1 of the same Code; 4° Investment firms referred to in Article L. 531-4 of the same Code; 5° Branches of third-country companies referred to in Article L. 532-48 of the same Code; 6° Payment institutions referred to in Article L. 522-1 of the same Code; 7° Electronic money institutions referred to in Article L. 526-1 of the same Code; 8° Financial holding companies and parent financing companies referred to in Article L. 517-1 of the same Code; 9° Mixed financial holding companies referred to in Article L. 517-9 of the same Code; 10° Credit managers referred to in Article L. 54-11-1 of the same Code; 11° Non-profit associations and foundations recognized as public utility referred to in 5 of Article L. 511-6 of the same Code; 12° Token issuers referring to one or more assets referred to in Article L. 553-1 of the same Code.

Article 2:
Subject institutions and bodies must declare to the ACPR any appointment or renewal of persons who ensure the effective management of their activity. Payment institutions and electronic money institutions, as well as the aforementioned non-profit associations and foundations recognized as public utility, are not required to declare to the ACPR the renewal of the mandate of said persons.

Article 3:
Credit institutions, branches of credit institutions from third countries, financing companies, investment firms, branches of third-country companies, financial holding companies, parent financing companies, mixed financial holding companies, credit managers, and token issuers referring to one or more assets must also declare to the ACPR any appointment or renewal of the mandate of a member of the board of directors, the supervisory board, or any other body exercising equivalent supervisory functions.

In the case of renewal mentioned in the first paragraph, if no change of nature has occurred since the previous appointment that could call into question the honorability, competence, as well as availability and, where applicable, compliance with rules regarding the accumulation of mandates and conflicts of interest, the institutions mentioned in the preceding paragraph shall make a simple declaration to this effect to the ACPR. This declaration must be accompanied by a copy of the identity document of the person whose mandate was renewed and a signed copy of the minutes of the meeting at which the decision to renew the mandate was taken.

Article 4:
The declarations mentioned in the preceding articles must be made in electronic format within 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 institutions under its direct supervision, by completing the "Fit&Proper ECB" form, also available on the IMAS Portal, and submitting supplementary documents.
• Or on the portal accessible on the ACPR website (https://acpr-portail.banque-france.fr), by filling out the form, attached during the approval process, or by completing its electronic version on the portal in the case of appointment or renewal for subject institutions, and submitting supplementary documents.

Article 5:
This Instruction repeals and replaces Instruction No. 2024-I-04 on the form for the appointment or renewal of a senior manager and the form for the appointment or renewal of the mandate of a member of a corporate body. References to Instruction No. 2024-I-04 shall be understood as references to this Instruction.

Article 6:
This Instruction shall enter into application the day following its publication in the Official Register of the Prudential Control and Resolution Authority.

Paris, June 21, 2024
The Designated President,
Denis BEAU