Book VI: Banking and financial institutions

The Ombudsman shall receive compensation set by the Chairman of the Autorité des marchés financiers, after consulting the Board.

The financial year begins on 1 January and ends on 31 December. The Board shall adopt the budget of the Autorité des marchés financiers each year before the beginning of the financial year. The budget shall include estimates of the revenue expected and the expenditure required to perform the tasks entrusted to the Autorité des marchés financiers. It may be amended during the year. The appropriations entered in the budget…

The Autorité des marchés financiers shall have an accounting officer appointed by order of the Minister responsible for the budget. The accounting officer shall be responsible for keeping the accounts of the Autorité des marchés financiers, collecting the fees and contributions referred to in Article L. 621-5-3 and all other revenues of the Autorité des marchés financiers, paying expenses and handling funds and cash account movements. With the agreement of…

The accounts of the Autorité des marchés financiers are prepared in accordance with the rules of the general chart of accounts. These may be adapted as proposed by the Chairman after consultation with the Board and approved by the Budget Minister. The rates of depreciation and amortisation and the procedures for keeping inventories are laid down in the accounting and financial regulations. The Accounting Officer draws up a financial account…

The Accounting Officer shall exercise due diligence to ensure the recovery of all the resources of the Autorité des marchés financiers. Revenue shall be collected by the accounting officer either spontaneously or in accordance with the Chairman’s instructions. With the exception of the duties and contributions referred to in Article L. 621-5-3, which are recovered under the enforceable statement procedure, the Accounting Officer sends the corresponding invoices to the debtors…

When the AMF’s debts, other than the duties and contributions mentioned in Article L. 621-5-3, cannot be recovered out of court, proceedings shall be conducted in accordance with commercial practice or may be the subject of statements of enforceability issued by the Chairman. Enforceable statements may be notified to debtors by registered letter with acknowledgement of receipt. Debt collection shall continue until the debt is contested before the competent court.

The accounting officer shall proceed with the proceedings. Proceedings may be suspended at any time by written order of the President if the debt is the subject of a dispute. The Chairman shall also suspend proceedings if, in agreement with the accounting officer, he considers that the debt is irrecoverable or that the granting of a delay by the accounting officer is in the interests of the Autorité des marchés…

The Chairman may decide, after obtaining the assent of the Accounting Officer: 1° In the event of hardship for debtors, to grant an ex gratia remission of AMF claims, except for the duties and contributions mentioned in Article L. 621-5-3 ; 2° At the justified request of debtors, to grant total or partial remission of late payment surcharges or penalties applied to the duties and contributions mentioned in Article L….

The Accounting Officer shall suspend the payment of expenditure if, in the course of his checks, he finds irregularities or if the certifications issued by the Chairman are inaccurate. He shall inform the President thereof. Where the Accounting Officer has suspended payment of expenditure, the President may, in writing and under his responsibility, request the Accounting Officer to pay. The accounting officer shall comply with the requisition and report to…

All expenditure must be settled and authorised during the financial year to which it relates. Expenditure by the Autorité des marchés financiers shall be settled by the Accounting Officer on the order of the Chairman or after acceptance by the Chairman. Expenditure orders shall be supported by the necessary documentary evidence, in particular invoices, statements, contracts, leases or agreements. Acceptance of the expenditure shall take the form either of a…