Paragraph 2: Resolution of groups for which the collège de résolution is the consolidated resolution authority

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Article L613-60-2

French Monetary and Financial CodeIn force

Updated 7 Nov 2023

I. - The group resolution scheme provided for in Article L. 613-60 must satisfy the following conditions:

1° It shall comply with the preventive resolution plans drawn up pursuant to paragraph 3 of sub-section 3 of this section, except in cases where the other resolution authorities concerned consider that the objectives of the resolution will be better achieved by other means ;

2° It describes the resolution measures that the resolution college will have to take with regard to the parent undertaking and that the other resolution authorities concerned will have to take with regard to certain entities of the group in order to achieve the objectives of the resolution mentioned in I of Article L. 613-50 and to comply with the principles mentioned in 4° of II of Article L. 612-1, in II of Article L. 613-50 and in the second and third paragraphs of Article L. 613-34-2 ;

3° It specifies the conditions for coordinating the implementation of resolution measures;

4° It draws up a financing plan taking into account the preventive group resolution plan, the principles for sharing responsibilities established pursuant to 7° of V of L. 613-38, and the conditions for intervention by the deposit guarantee and resolution fund provided for in 15° of Article L. 312-16.

II. - Where the measures envisaged by the resolution college include a group resolution scheme, the latter shall be the subject of a joint decision by the resolution college and the competent resolution authorities of the subsidiaries concerned.

To this end, the resolution board may seek mediation from the European Banking Authority pursuant to Article 31 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010.

A joint decision on a group resolution scheme is applicable in France.

III. - Where the resolution college takes resolution measures in respect of any entity of a group outside a group resolution scheme, it shall provide all the cooperation required within the college of resolution authorities with a view to achieving a coordinated resolution strategy for all entities of the group whose failure is proven or foreseeable.

IV. - The resolution college shall regularly provide the members of the college of resolution authorities with full information on all resolution measures it is taking in respect of any entity in a group and the status of such measures.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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