Instruction 2024-I-12 of October 24, 2024, regarding the communication to the ACPR of the International Legal Entity Identifier by certain supervised entities and repealing Instruction No. 2013-I-16

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2024-I-12 regarding the communication to the ACPR of the international "Legal Entity Identifier" by certain supervised entities and repealing Instruction No. 2013-I-16

The Prudential Control and Resolution Authority (ACPR), 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 trade repositories; Having regard to Commission Implementing Regulation (EU) No 1247/2012 of 19 December 2012 laying down implementing technical standards with regard to the format and frequency of transaction reporting to trade repositories pursuant to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories; Having regard to the Monetary and Financial Code, in particular Articles L. 612-2 and L. 612-24; Having regard to Instruction No. 2024-I-03 regarding applications for approval and declarations by credit managers; Having regard to the opinion of the Prudential Affairs Consultative Committee of October 1, 2024,

DECIDES

Article 1:
This Instruction applies, for French companies and branches:
1° - To credit institutions and financing companies referred to in Article L. 511-1 of the Monetary and Financial Code; 2° - To central bodies referred to in Article L. 511-30 of the Monetary and Financial Code; 3° - To holding financial companies and parent companies of financing companies referred to in Article L. 517-1 of the Monetary and Financial Code; 4° - To mixed holding financial companies referred to in Article L. 517-4 of the Monetary and Financial Code; 5° - To mixed holding companies and mixed parent companies of financing companies referred to in Article L. 517-4-1 of the Monetary and Financial Code;

6° - To investment holding companies referred to in Article L. 517-4-3 of the Monetary and Financial Code; 7° - To payment institutions and account information service providers referred to in Article L. 522-1 of the Monetary and Financial Code; 8° - To electronic money institutions referred to in Article L. 526-1 of the Monetary and Financial Code; 9° - To investment firms referred to in Article L. 531-4 of the Monetary and Financial Code; 10° - To persons referred to in Article L. 421-17 of the Monetary and Financial Code; 11° - To legal persons members of clearing houses referred to in points 3 and 4 of Article L. 440-2 of the Monetary and Financial Code; 12° - To legal persons authorized to carry out activities of custody or administration of financial instruments referred to in points 4 and 5 of Article L. 542-1 of the Monetary and Financial Code; 13° - To credit managers referred to in point 4° of Article L. 54-11-1 of the Monetary and Financial Code when they hold a Legal Entity Identifier that has already been issued to them.

Article 2:
The supervised entities referred to in Article 1 of this Instruction (excluding European passports) declare their Legal Entity Identifier to the ACPR. If the supervised entity is a branch established in France of an establishment having its registered office outside the European Economic Area, it also communicates to the ACPR the Legal Entity Identifier assigned, where applicable, to its registered office.

Entities having their registered office in a State party to the Agreement on the European Economic Area, acting as a branch or by way of the provision of services in France, inform the ACPR - via their national supervisory authority - of the Legal Entity Identifier issued to them. These entities also communicate to the ACPR, under the same conditions, the Legal Entity Identifier assigned to their branches operating in France.

To this end, they send to the ACPR the standard file "Form for declaration of the Legal Entity Identifier" appearing in the annex to this Instruction accompanied by supporting documentation (certificate, invoice) provided upon obtaining the identifier.

This file, duly completed and signed, is sent to the ACPR in electronic format by depositing it on the Authorizations portal at the address:
https://acpr-autorisations.banque-france.fr

Article 3:
The supervised entities referred to in Article 1 of this Instruction indicate their Legal Entity Identifier to the ACPR in all documents sent to it.

Article 4:
This Instruction repeals Instruction No. 2013-I-16 regarding the communication to the ACPR of the international "Legal Entity Identifier" by certain supervised entities, as modified by Instruction No. 2019-I-18 of April 23, 2019 and Instruction No. 2021-I-21 of December 6, 2021.

References to Instruction No. 2013-I-16 shall be understood as references to this Instruction.

Article 5:
This Instruction enters into application the day following its publication in the Official Register of the ACPR.

Paris, October 24, 2024
The Designated President,
Denis BEAU