Call Us + 33 1 84 88 31 00

Article L612-34 of the French Monetary and Financial Code

I. – The Autorité de contrôle prudentiel et de résolution may appoint a provisional administrator to a person that it supervises, to whom all the powers of administration, management and representation of the legal person are transferred. The provisional administrator disposes of the movable and immovable property of the legal entity in the interests of sound administration. The remuneration of the provisional administrator is set by the Autorité de contrôle…

Read More »

Article L612-34-1 of the French Monetary and Financial Code

I. – When it considers that the measures that may be taken pursuant to II of Article L. 612-33 are not sufficient to remedy the situation of a credit institution, an investment firm referred to in 2° of I of Article L. 613-34 or a finance company referred to in II of Article L. 613-34, the Autorité de contrôle prudentiel et de résolution may appoint, for a period it shall…

Read More »

Article L612-35 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution shall decide on the measures provided for in the articles of this section following an adversarial procedure. Where warranted by particularly urgent circumstances, the Autorité de contrôle prudentiel et de résolution may, on a provisional basis, order the protective measures listed in Articles L. 612-33, L. 612-33-1, L. 612-34 and L. 612-34-1 without an adversarial procedure. An adversarial procedure is then immediately…

Read More »

Article L612-35-1 of the French Monetary and Financial Code

I.-Police measures ordered by the Autorité de contrôle prudentiel et de résolution shall be published in the official register of the authority when they concern breaches of: 1° the rules intended to ensure customer protection with regard to the marketing of structured deposits; 2° the rules provided for in Sections 2 and 3 of Chapter III of Title I of Book V relating to the issuance, respectively, of obligations foncières…

Read More »

Article L612-36 of the French Monetary and Financial Code

The decisions of the college of supervisors relating to a supervised person taken pursuant to this section may be communicated to the undertaking which controls it within the meaning of I of Article L. 511-20, to the central body with which it is affiliated, and to the parent undertaking within the meaning of Article L. 356-1 of the Insurance Code.

Read More »

Article L612-38 of the French Monetary and Financial Code

One of the formations of the supervisory board or the resolution board shall examine the conclusions drawn by the departments of the Autorité de contrôle prudentiel et de résolution in the course of its supervisory duties or the report drawn up pursuant to Article L. 612-27, with a view to initiating sanction proceedings. The chairman of the panel of the supervisory board or the resolution board, as the case may…

Read More »

Article L612-39 of the French Monetary and Financial Code

Subject to the provisions of Article L. 612-40, if any of the persons referred to in I of Article L. 612-2, with the exception of those referred to in 4a, 5° and 11° of A and 4° of B, has breached a European, legislative or regulatory provision that the AMF is responsible for ensuring compliance with, or the approved codes of conduct applicable to its profession, has failed to submit…

Read More »

Article L612-40 of the French Monetary and Financial Code

I.-A.-The provisions of C apply if a credit institution or finance company is in one of the following situations: 1° It has breached a provision of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013, with the exception of the requirements set out in Articles 92a and 92b thereof; 2° It has breached a provision of Title I and Title III of Book…

Read More »

Article L612-41 of the French Monetary and Financial Code

If a person referred to in 4° of B of I or II of Article L. 612-2 has breached a European, legislative or regulatory provision that the authority is responsible for ensuring compliance with, or an approved code of conduct applicable to its profession, or has disregarded a warning or failed to comply with a formal notice, the Enforcement Committee may impose one or more of the following disciplinary sanctions…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.