Instruction No. 2018-I-06 of July 9, 2018, repealing Instruction No. 2017-I-14 regarding forms for the appointment or renewal of effective managers and board members

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2018-I-06 repealing Instruction No. 2017-I-14 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, in particular 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, on the simplification of notification procedures under Article R. 612-29-3 of the Monetary and Financial Code; Having regard to the Order of October 29, 2009, on the prudential regulation of payment institutions; Having regard to the Order of May 2, 2013, on the prudential regulation of electronic money institutions; Having regard to the opinion of the Prudential Affairs Consultative Committee dated June 20, 2018,

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 as Annex 1 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 as Annex 1 to this instruction. In the event of renewal, if no changes have occurred since the previous appointment that would call into question 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 as Annex 2 to this instruction. The signature procedures for the letter are identical to those of the form attached as Annex 1. The provisions of the third paragraph apply to notifications regarding the ratification by the general meeting of the provisional appointment of an administrator, 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 as Annex 3 to this instruction. The signature procedures for the letter are identical to those of the form attached as Annex 1.

Article 4
The form and supplementary documents, duly completed and signed, must be sent in electronic format to the ACPR within 15 days following the decision to appoint or renew the person concerned by submitting them on the portal accessible on the ACPR website (https://acpr.banque-france.fr), under the tab "Authorize".

Article 5
This instruction shall enter into force on the day of the opening of the deposit portal mentioned in Article 4. The date of this opening will be announced on the ACPR website. Instruction No. 2017-I-14 shall be repealed on the date of entry into force of this instruction. Paris, July 9, 2018 The President of the Prudential Control Authority and Resolution, [Denis BEAU]