French Monetary and Financial Code
In forceI. - In the performance of its compensation mission provided for in I of Article L. 312-5, the fonds de garantie des dépôts et de résolution shall have access to information held by its members, by the Autorité de contrôle prudentiel et de résolution, its supervisory board or its resolution board and which is necessary for the organisation, preparation and performance of its mission, including information covered by the professional secrecy referred to in Article L. 511-33.
The Deposit Guarantee and Resolution Fund cooperates and may exchange information necessary for the performance of their respective missions with the Autorité de contrôle prudentiel et de résolution, its supervisory board or its resolution board as well as with the authorities of another State party to the Agreement on the European Economic Area which are responsible for the administration of an equivalent deposit guarantee system.
II. - When the supervisory or resolution board of the Autorité de contrôle prudentiel et de résolution considers or is informed that an institution may be subject to intervention by the Fonds de garantie des dépôts et de résolution pursuant to Article L. 312-5, the competent board shall inform the Fonds as soon as possible. If the implementation of II and III of Article L. 312-5 is envisaged, the fund shall have access, through the intermediary of the Autorité, to all accounting, legal, administrative and financial documents relating to the situation and the assets and liabilities of the institution that is likely to be the subject of its intervention, including documents covered by the professional secrecy mentioned in I of Article L. 511-33 as well as the reports of the statutory auditors.
III. - One or more agreements shall govern the relationship, respective obligations, terms of cooperation and exchange of information between the Fonds de Garantie des Dépôts et de Résolution and the Autorité de Contrôle Prudentiel et de Résolution, as well as the conditions under which the Fund collects the contributions referred to in Article L. 312-8-1.
IV. - The Deposit Guarantee and Resolution Fund may communicate the information and documents obtained pursuant to I and II of this article to persons who contribute, under its responsibility, to the fulfilment of its missions. These persons are bound by professional secrecy under the conditions laid down in Article L. 312-14.
