Posted on 9 September, 2022 - 11:38 | Category : .
When an SCF is subject to receivership, liquidation or amicable settlement proceedings, the specific controller submits the declaration required by article L.622-24 of the Code of Commerce in the name and on behalf of the holders of receivales benefiting from the privilege defined in article L.513-11.
The provisions of Chapters II and IV of Title II of Book VIII of the Commercial Code shall apply to the Specific Controller subject to the provisions of this Code, in particular Article L. 612-44 . The Autorité de contrôle prudentiel et de résolution may take the action provided for in Article L. 823-7 of the Commercial Code.
By derogation from the provisions of article L.823-14 of the Code of Commerce, the controller’s right to information may extend to the communication of receipts, agreements and documents in the possesstion of the company in charge of the mangagement or recovery of the loans, exposures, similar receivables, debt securities, bonds and other exposures in application of article L.513-15, if these receipts, agreements and documents have a direct relationship with the operations conducted by this company on behalf of the société de crédit foncier.
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