French Monetary and Financial Code
In forceNotwithstanding the provisions of Law no. 68-678 of 26 July 1968 relating to the disclosure of economic, commercial, industrial, financial or technical documents and information to foreign natural or legal persons, the Autorité de contrôle prudentiel et de résolution shall ensure that it exchanges all relevant information with authorities or persons of another Member State of the European Union or of another State party to the Agreement on the European Economic Area, which are :
a) In charge of collective proceedings of investment firms, insurance or reinsurance undertakings, institutions for occupational retirement provision and any other similar proceedings ;
b) responsible for overseeing the bodies involved in the liquidation and bankruptcy of credit institutions and investment firms, insurance or reinsurance undertakings, institutions for occupational retirement provision and other similar procedures; and
c) Responsible for the management of deposit guarantee schemes and investor compensation schemes;
d) Responsible for contractual or institutional protection schemes as defined in Article 113(7) of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 ;
e) Responsible for supervising the bodies in charge of the contractual or institutional protection systems defined in paragraph 7 of Article 113 of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 ;
f) Responsible for carrying out statutory audits of the accounts of investment firms, financial institutions within the meaning of Article L. 511-21, credit institutions, payment institutions, electronic money institutions, institutions for occupational retirement provision and insurance or reinsurance undertakings, as part of the exercise of their supervisory function or the exercise of their functions in the case of compensation scheme managers ;
g) Persons responsible for supervising persons responsible for statutory audits of the accounts of investment firms, financial institutions within the meaning of Article L. 511-21, credit institutions, payment institutions, electronic money institutions, institutions for occupational retirement provision and insurance or reinsurance undertakings;
h) In charge of managing compulsory liquidation procedures or guarantee funds for insurance or reinsurance undertakings or institutions for occupational retirement provision;
(i) independent actuaries of insurance undertakings, reinsurance undertakings or institutions for occupational retirement provision exercising, under their national law, a supervisory function in relation thereto, as well as the bodies responsible for the supervision of such actuaries.
j) Those responsible for the supervision of providers of services for the exchange of digital assets for legal tender and providers of services for the safekeeping of digital assets;
k) Responsible for the supervision of providers of gambling services;
l) Responsible for supervising the implementation of anti-money laundering and anti-terrorist financing obligations for market activities;
m) carrying out tasks equivalent to those provided for in Article L. 561-23;
n) Responsible, where they exist, for applying the regulations relating to structural separation within a banking group.
This exchange of information must be intended for the performance of the duties of the authorities or persons mentioned in the first paragraph.
The information communicated must also benefit from guarantees of professional secrecy at least equivalent to those to which the Autorité de contrôle prudentiel et de résolution is subject.
