Book VI: Banking and financial institutions

A respondent who wishes to challenge a member of the Committee must, on pain of inadmissibility, make the request: 1° In the case of the rapporteur, within fifteen clear days of notification of the decision appointing the rapporteur; 2° In the case of a deliberating member, within eight clear days of notification of the composition of the panel called upon to deliberate; 3° If the reason given could not be…

A challenge is requested by the person being challenged or by his representative. It is made by letter addressed to the secretariat of the Commission, which acknowledges receipt, or by a statement that is recorded by the secretariat in the minutes. To be accepted, the statement must give precise reasons for the challenge and be accompanied by the relevant supporting documents.

The Committee secretariat shall immediately notify the member concerned of the request for recusal and inform the Committee Chairman. No later than the day before the meeting provided for in Article R. 612-46, the challenged member shall make known in writing either his agreement to the challenge or his reasons for opposing it. If the challenged member agrees to the challenge, he shall be replaced by his alternate. If this…

A challenge does not affect any action taken by the Sanction Committee in the presence of the challenged member prior to the challenge request.

The Board’s decision on the application for recusal may only be appealed together with the decision on the objections.

The Sanction Committee is convened by its Chairman. It may only deliberate if at least three members are present. If, pursuant to Article L. 612-10, a member other than the Chairman does not take part in the deliberations, he is replaced by his alternate. If the Chairman is absent or unable to attend, the meeting is chaired by the second member of the Conseil d’Etat appointed pursuant to Article L….

A respondent may request that the hearing not be public. The chairman of the Enforcement Committee may prohibit the public from entering the hearing room during all or part of the hearing in the interests of public morality, public order or national security, or when the protection of business secrets or any other legally protected secret so requires. The chairman of the Enforcement Committee is responsible for policing the hearing….

I. – The rapporteur shall present his report at the meeting. The Director General of the Treasury and, where applicable, the Director of Social Security or their representatives may submit observations. The representative of the supervisory board or the resolution board or the official of the authority who assists or represents him may submit observations in support of the objections notified. The respondent and, where appropriate, its counsel shall present…

The session secretary draws up minutes of the hearing. The minutes are signed by the committee chairman, the rapporteur and the session secretary and sent to all those who attended the hearing or who were summoned to attend.

The decision, signed by the chairman of the Enforcement Committee, shall mention the names of the committee members who took the decision. It is notified to the parties in accordance with the procedures set out in I of Article R. 612-9 and to the chairman of the authority, who reports to the supervisory board or the resolution board. The decision is communicated by the Commission’s secretariat to the Director General…