Instruction No. 2014-I-14 of September 29, 2014, amending Instruction No. 2012-I-01 regarding the procedure for requesting an opinion on the appointment of statutory auditors and specific controllers

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2014-I-14 of September 29, 2014 amending Instruction No. 2012-I-01 regarding the procedure for requesting an opinion on the appointment of statutory auditors and specific controllers

The Prudential Control and Resolution Authority,

Having regard to the Monetary and Financial Code, particularly Articles L. 513-23, L. 513-32, L. 612-24, L. 612-43, L. 612-44, as well as Articles D. 511-8, D. 511-9, and D. 612-53 to D. 612-58;

Having regard to Decree No. 2010-1599 of December 20, 2010, publishing the agreement in the form of an exchange of letters between the Government of the French Republic and the Government of the Principality of Monaco of October 20, 2010, regarding banking regulation applicable in the Principality of Monaco;

Having regard to the opinion of the Consultative Committee on Prudential Affairs dated September 19, 2014;

Having regard to Instruction No. 2012-I-01 of April 11, 2012, regarding the procedure for requesting an opinion on the appointment of statutory auditors and specific controllers;

Decides:

Article 1

The aforementioned Instruction No. 2012-I-01 of the Prudential Control Authority is hereby amended as follows:

I - The terms "Prudential Control Authority" are replaced by the terms "Prudential Control and Resolution Authority."

II - In Article 1, the expression "with the exception of the entities referred to in points 6° and 7° of Section A of Part I of Article L. 612-2 of the Monetary and Financial Code" is replaced by the expression "with the exception of the entities referred to in points 4° bis, 6°, 7°, and 11° of Section A of Part I of Article L. 612-2 of the Monetary and Financial Code," and the words "of electronic money institutions carrying out hybrid activities," are inserted after the words "of manual money changers."

III - In Article 7, Articles L. 515-30, L. 515-13, L. 515-38, and L. 515-34 are replaced by the following articles: L. 513-23, L. 513-2, L. 513-32, and L. 513-28.

IV - Article 9 is replaced by the following Article:

"Application files for opinions are transmitted electronically to the address demande-avis-cac@acpr.banque-france.fr, according to the procedures set out in the accompanying note published on the website of the Prudential Control and Resolution Authority.

The preceding paragraph does not apply to Monégasque establishments, which remain subject to the provisions set out in the aforementioned Article 6."

V - The following paragraph is added at the end of Article 10:
"The annexes to Instruction No. 2012-I-01 of the Prudential Control Authority are repealed and replaced by the annexes attached to this Instruction."

VI - Article 11 is as follows:
"Article 11. This Instruction shall enter into force on October 15, 2014."

Annex I: Declarative Statement (three distinct models depending on the status of the person subject to the requirement)
Annex II: Form 1
Annex III: Form 1M
Annex IV: Form 2
Annex V: Form 3

Paris, September 29, 2014

The President of the Prudential Control and Resolution Authority,

(Signature)

Christian NOYER