Instruction No. 2025-I-04 of May 22, 2025 replacing Instruction No. 2015-I-19 on the electronic signature of documents transmitted electronically to the ACPR

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2025-I-04 replacing Instruction No. 2015-I-19 on the electronic signature of documents transmitted electronically to the ACPR, modified by Instruction No. 2017-I-13 of June 26, 2017 (Banking Sector) The Prudential Control and Resolution Authority (ACPR), Having regard to the Monetary and Financial Code, particularly Articles L. 511-13, L. 511-30,
L. 511-31, L. 532-2, L. 522-6 and L. 522-9, L. 612-2 and L. 612-24;
Having regard to the opinion of the Prudential Affairs Consultative Committee of April 3, 2025; Having regard to the opinion of the Anti-Money Laundering and Counter-Terrorist Financing Consultative Committee of April 28, 2025, DECIDES

Article 1:
This Instruction applies to establishments responsible for transmitting regulatory statements and collections to the ACPR.

Article 2:
Unless otherwise indicated or specified in the relevant instructions, the persons authorized to perform submissions are those ensuring the effective management of the company within the meaning of the second paragraph of Article L. 511-13, point 4 of Article L. 532-2, Section II of Article L. 522-6, and point 4 of Article L. 526-9 of the Monetary and Financial Code (hereinafter "the directors"), as well as any person duly authorized by the directors.

The aforementioned directors may also delegate authority to perform submissions to the financial holding company, the mixed financial holding company, a credit institution, or another entity or person mentioned in point 2° of A of I of Article L. 612-2 of the Monetary and Financial Code, established in France and belonging to the same group subject to consolidated or sub-consolidated supervision within the meaning of European Union Regulation 575/2013 of June 26, 2013 and the Order of November 3, 2014 on prudential supervision on a consolidated basis. In this case, the directors of the delegated establishment and the persons designated by them under the aforementioned provisions are authorized to perform submissions.

The directors of an establishment affiliated with a central body within the meaning of Articles L. 511-30 and L. 511-31 of the Monetary and Financial Code may delegate authority to this central body for the purpose of submitting documents covered by this Instruction.

The elements submitted in application of this Instruction are sent to the ACPR via the Banque de France's OneGate portal, under the responsibility of a director referred to in the preceding paragraphs who guarantees the quality and reliability of the information submitted.

In the absence of a challenge within ten working days following the issuance of the processing report attesting to the submission of statements electronically to the ACPR, the transmitted data will be treated as having been submitted on behalf of the establishment by a duly authorized person.

Article 3:
This Instruction replaces Instruction No. 2015-I-19 on the electronic signature of documents transmitted electronically to the ACPR, modified by Instruction No. 2017-I-13 of June 26, 2017 (Banking Sector).

It enters into force on July 1, 2025.

Paris, May 22, 2025
The Designated President,
Denis BEAU