If an investment is made without prior authorisation, if prior authorisation is obtained by fraud, if the requirements of II of article L. 151-3 are disregarded, if decisions or injunctions issued on the basis of article L. 151-3-1, the Minister for the Economy may, after giving the investor the opportunity to comment on the alleged facts within a minimum period of fifteen days, impose a financial penalty on the investor, the amount of which may not exceed the higher of the following sums: twice the amount of the irregular investment, 10% of the annual pre-tax turnover of the company carrying out the activities defined in I of article L. 151-3, five million euros for legal entities and one million euros for individuals.
The amount of the fine is proportionate to the seriousness of the breaches committed. The amount of the penalty is recovered in the same way as receivables from the State other than taxes and property.