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Article L633-14 of the French Monetary and Financial Code

Where regulated entities belonging to a group carrying on activities in both the banking and investment services sector and the insurance sector have as their parent undertaking a company whose registered office is in a State which is neither a Member State nor a party to the Agreement on the European Economic Area, the Autorité de contrôle prudentiel et de résolution, where it fulfils the conditions laid down in Article…

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Article L633-15 of the French Monetary and Financial Code

For the purposes of the supplementary supervision provided for in this chapter, the Autorité de contrôle prudentiel et de résolution may enter into the agreements provided for in Article L. 633-5 with the competent authorities of a State which is not a party to the Agreement on the European Economic Area with a view to supervising any entity, whether regulated or not, belonging to a financial conglomerate.

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Article L634-1 of the French Monetary and Financial Code

The Autorité des marchés financiers (AMF) and the Autorité de contrôle prudentiel et de résolution (ACPR) shall put in place procedures to enable any person to report to them, including anonymously, through secure communication channels and guaranteeing, where applicable, the confidentiality of the identity of persons communicating information for this purpose, any breach of the obligations defined by the European regulations and by the present Code, the Insurance Code, the…

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Article L634-2 of the French Monetary and Financial Code

The procedure established, pursuant to I of Article 8 of Law 2016-1691 of 9 December 2016 on transparency, the fight against corruption and the modernisation of economic life, by the persons mentioned in 1° to 8° and 10° to 18° of II of Article L. 621-9 of this Code and by the persons mentioned in Article L. 612-2, when they carry out activities subject to the obligations laid down by…

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Article L634-3 of the French Monetary and Financial Code

III of Article 8 and Articles 10-1 and 12 to 13-1 of Law 2016-1691 of 9 December 2016 on transparency, the fight against corruption and the modernisation of economic life are applicable to any natural person who has reported in good faith to the Autorité des marchés financiers or the Autorité de contrôle prudentiel et de résolution facts likely to characterise one or more of the breaches mentioned in Article…

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Article L634-4 of the French Monetary and Financial Code

Natural persons implicated in an alert sent to the Autorité des marchés financiers or the Autorité de contrôle prudentiel et de résolution in respect of a breach mentioned in Article L. 634-1 may not be subject to a measure mentioned in the first paragraph of Article L. 634-3 for the sole reason that they have been the subject of such an alert. Any decision taken in disregard of the first…

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Article L641-1 of the French Monetary and Financial Code

Any person who participates or has participated in the performance of the duties of the Autorité de contrôle prudentiel et de résolution shall be liable to the penalties provided for in Article 226-13 of the French Penal Code for violating the professional secrecy instituted by Article L. 612-17, subject to the provisions of Article 226-14 of the French Penal Code.

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Article L642-1 of the French Monetary and Financial Code

The penalties provided for in Article 226-13 of the Criminal Code shall apply to any member, member of staff or agent of the Autorité des marchés financiers, as well as to any expert appointed to an Advisory Board referred to in III of Article L. 621-2, for violating the professional secrecy instituted by Article L. 621-4, subject to the provisions of Article 226-14 of the Criminal Code.

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Article L642-2 of the French Monetary and Financial Code

It is punishable by two years’ imprisonment and a fine of 300,000 euros for any person to obstruct an inspection or investigation by the Autorité des marchés financiers carried out under the conditions laid down in Articles L. 621-9 to L. 621-9-2 or to provide it with inaccurate information.

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Article L642-3 of the French Monetary and Financial Code

Any person who obstructs the sequestration measures or fails to comply with the temporary ban on professional activity ordered pursuant to article L. 621-13 shall be liable to two years’ imprisonment and a fine of 300,000 euros. Any person who fails to deposit the sum set by the judge, in application of article L. 621-13, within forty-eight hours of the date on which the decision becomes enforceable, is liable to…

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