Instruction No. 2021-I-01 of January 13, 2021, regarding 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

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2021-I-01 regarding 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

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 the Order of October 29, 2009, as amended, concerning the prudential regulation of payment institutions; Having regard to the Order of May 2, 2013, as amended, concerning the prudential regulation of e-money institutions; Having regard to the opinion of the Prudential Affairs Consultative Committee of January 5, 2021, 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;
• e-money institutions referred to in Article L. 526-1 of the
  same code;
• financial holding companies and parent 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 this
  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 e-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 carried out in electronic format:

• either on the "Autorisations" portal set up by the ACPR,
• or on the "IMAS" portal set up by the European Central Bank,
  for procedures falling within its competence.

Article 3:
Subject institutions, with the exception of payment institutions, e-money institutions, financial holding companies, parent 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 carried out in electronic format:

• either on the "Autorisations" portal set up by the ACPR,
• or on the "IMAS" portal set up by the European Central Bank,
  for procedures falling within its competence.
  In the event of renewal, if no change has occurred since the previous appointment that could call into question the integrity, competence, as well as availability and, where applicable, compliance with rules regarding the accumulation of mandates and conflicts of interest, the subject institution makes a 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 certified true copy of the minutes of the meeting of the body containing the decision to renew the mandate of that person. The declaration is carried out in electronic format on the "Autorisations" portal set up by the ACPR. The provisions of the third paragraph apply to notifications relating to 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 declaration is carried out in electronic format on the "Autorisations" portal set up by the ACPR.

Article 4:
The form must be completed and supplementary documents must be deposited in electronic format on the ACPR's "Autorisations" portal, accessible directly at the following address: https://acpr-autorisations.banque-france.fr/, within 15 days following the decision to appoint or renew the person concerned. For procedures falling within the competence of the European Central Bank, the form must be completed and supplementary documents must be deposited in electronic format on the "IMAS" portal, accessible directly at the following address: https://imas.ecb.europa.eu/, within 15 days following the decision to appoint or renew the person concerned. The two portals are also accessible on the ACPR website (https://acpr.banque-france.fr) under the "Autoriser" section.

Article 5:
This instruction repeals and replaces Instruction No. 2018-I-06 regarding 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; it enters into application as of January 27, 2021. Paris, January 13, 2021 The Designated President, [Denis BEAU]