I. – 1° When a panel of the Supervisory Board is considering taking one of the measures provided for in Articles L. 612-30 to L. 612-34, it will inform the person concerned of the measures envisaged and the reasons it considers likely to justify such measures.
2° When the Supervisory Board considers that one of the measures provided for in Articles L. 612-30 to L. 612-32 should be taken, the person concerned is informed of the period, which may not be less than five working days from receipt, within which he or she may make his or her observations known in writing. Before taking a decision, the supervisory board will take note of any comments made by the person concerned.
3° When the Supervisory Board considers that one of the measures provided for in Articles L. 612-33 and L. 612-34 should be taken, the legal representative of the person concerned is summoned to be heard by the Supervisory Board.
The summons must reach the legal representative at least five working days before the date of the meeting of the Supervisory Board. It specifies the period of time, which may not be less than five working days, that the legal representative of the person concerned has to submit his observations to the supervisory board. It indicates that the person concerned may be assisted or represented by persons of their choice.
4° If, in view of the urgency of the matter, the supervisory board has reached a decision without an adversarial procedure, the AMF will immediately initiate the adversarial procedure described in section 3. The AMF shall take a final decision within three months.
II. – The measures and decisions referred to in I are notified by letter sent in the manner provided for in Article R. 612-9.