I. – In the event of the breaches referred to in II of Article L. 621-15, the AMF Board may publish a statement specifying the identity of the natural person or legal entity in question and the nature of the breach.
II. – After giving the person concerned the opportunity to present its explanations, the Board may order that breaches of the obligations arising from European regulations, legislative or regulatory provisions or professional rules designed to protect investors against insider dealing, market manipulation and unlawful disclosure of inside information mentioned in c and d of II of Article L. 621-15, or any other breach likely to undermine investor protection or the smooth operation of the markets, or any other breach of the obligations relating to the fight against money laundering and terrorist financing set out in Chapters I and II of Title VI of Book V of this Code. These decisions are made public in accordance with the terms and conditions set out in V of Article L. 621-15.
The Board shall have the same powers as those referred to in the first paragraph of this II in respect of breaches of the obligations arising from European regulations and legislative or regulatory provisions designed to protect investors and the market against insider dealing, market manipulation and unlawful disclosure of inside information as referred to in c and d of II of Article L. 621-15, committed on French territory and concerning financial instruments, units mentioned inArticle L. 229-7 of the Environmental Code or assets mentioned in II of Article L. 421-1 of this Code admitted to trading on a regulated market of another Member State of the European Union or party to the Agreement on the European Economic Area or for which a request for admission to trading on such a market has been submitted.
III. – The Chairman of the Autorité des marchés financiers may apply to the courts for an order requiring the person responsible for the practice to comply with European regulations or legislative or regulatory provisions, to put an end to the irregularity or to eliminate its effects.
The application is brought before the President of the Paris Court of First Instance, who gives an interim ruling. He may take any protective measures, even of his own motion, and may impose a fine to be paid to the Treasury in order to enforce his order.
In the event of criminal proceedings, the penalty, if imposed, is only paid once the decision on the public prosecution has become final.