Instruction No. 2017-I-01 on Nomination or Renewal Forms for Effective Managers and Board Members (Repealed)

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2017-I-01 regarding the form for the appointment or renewal of an effective manager and the form for the appointment or renewal of the mandate of a member of a corporate body

The Prudential Control and Resolution Authority, Having regard to the Monetary and Financial Code, particularly Articles L. 511-13, L. 511-51,
L. 511-52, L. 517-5, L. 517-9, L. 522-6, L. 526-9, L. 532-2, L. 533-25, L. 533-26,
L. 612-23-1, R. 612-29-3 and R. 612-29-4;
Having regard to Decree No. 2016-1560 of November 18, 2016, simplifying the notification procedures of Article R. 612-29-3 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 opinion of the Prudential Affairs Consultative Committee dated January 13, 2017, Decides:

Article 1:
The following are hereinafter referred to as "subject institutions and bodies":

• credit institutions referred to in I of Article L. 511-1 of the Monetary and Financial Code;

• financing companies referred to in II of Article L. 511-1 of the same code;

• investment firms referred to in Article L. 531-4 of the same code, other than portfolio management companies;

• payment institutions referred to in Article L. 522-1 of the same code;

• electronic money institutions referred to in Article L. 526-1 of the same code;

• financial holding companies and parent companies of financing companies referred to in Article L. 517-1 of the same code;

• mixed financial holding companies referred to in Article L. 517-9 of the same code;

Article 2:
The subject institutions and bodies mentioned in Article 1 must declare to the Prudential Control and Resolution Authority (ACPR) any appointment or renewal of persons who ensure the effective management of the activity. Payment institutions and electronic money institutions are not required to declare to the ACPR the renewal of the mandate of said persons. The declaration mentioned in the preceding paragraph is made using the form attached in Annex I to this instruction.

Article 3:
Subject institutions, with the exception of payment institutions, electronic money institutions, financial holding companies, parent companies of financing companies, and mixed financial holding companies, 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 functions. The declaration mentioned in the preceding paragraph is made using the form attached in Annex II to this instruction. In the event of renewal, if no change 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 subject institution sends a letter to this effect to the ACPR. This letter must be accompanied by a copy of the identity document of the person whose mandate was renewed and a certified true copy of the minutes of the meeting of the body containing the decision to renew the mandate. The aforementioned letter is drafted in accordance with the model attached in Annex III to this instruction. The provisions of the third paragraph apply to notifications regarding the ratification by the general meeting of the provisional appointment of a director, a member of the supervisory board, or a body exercising equivalent functions. The letter mentioned in the third paragraph is drafted in accordance with the model attached in Annex IV to this instruction.

Article 4:
This form or letter, along with any requested supplementary documents, must be sent in one copy by mail to the following address:
Prudential Control and Resolution Authority
Directorate of Approvals, Authorizations and Regulation 61, rue Taitbout 75436 Paris Cedex 09

This form or letter must also be sent to the competent service electronically:

• for credit institutions, investment firms, financial holding companies, mixed financial holding companies: 2787-SECEI-UT@acpr.banque-france.fr
• for other subject institutions and bodies: 2788-SF2-UT@acpr.banque-france.fr

Article 5:
Instruction No. 2015-I-01 regarding the form for the appointment or renewal of an effective manager and the form for the appointment or renewal of the mandate of a member of a corporate body is repealed.

Article 6:
This instruction enters into force upon its publication.

Paris, January 23, 2017

The President of the Prudential Control Authority and Resolution, [Robert OPHÈLE]