Call Us + 33 1 84 88 31 00

Article D533-11-1 of the French Monetary and Financial Code

Investment service providers other than portfolio management companies may, on their own initiative or at the request of a client, treat as a non-professional client, either generally or in respect of financial instruments, investment services or transactions, a client considered to be a professional client pursuant to the provisions of article D. 533-11. If the service provider agrees to this request, an agreement drawn up on a durable medium shall…

Read More »

Article D533-12 of the French Monetary and Financial Code

The retail client may waive part of the protection afforded by the rules of conduct. In this case, the investment services provider other than an asset management company may treat the retail client as a professional client, provided that it complies with the criteria and procedure set out in Article D. 533-12-1. However, non-professional clients must not be presumed to have knowledge and experience of the market comparable to that…

Read More »

Article D533-12-1 of the French Monetary and Financial Code

Clients referred to in Article D. 533-12 may waive the protection afforded by the rules of conduct only in accordance with the following procedure: 1° The client shall notify the investment service provider other than an asset management company in writing of its wish to be treated as a professional client, either at any time, or for a given investment service or transaction, or for a type of transaction or…

Read More »

Article D533-13 of the French Monetary and Financial Code

The following have the status of eligible counterparties within the meaning of Article L. 533-20: 1. a) The credit institutions referred to in Article L. 511-9 ; b) The investment firms referred to in article L. 531-4; c) Other authorised or regulated financial institutions; d) The insurance and reinsurance undertakings referred to respectively in the first paragraph of article L. 310-1 and article L. 310-1-1 of the Insurance Code, the…

Read More »

Article D533-14 of the French Monetary and Financial Code

Investment service providers other than portfolio management companies may, on their own initiative or at the request of a client, treat as a professional or non-professional client, either generally or for each transaction, a client who might otherwise be classified as an eligible counterparty in accordance with the provisions of Article D. 533-13. An investment service provider other than an asset management company may, at the request of a professional…

Read More »

Article D533-15 of the French Monetary and Financial Code

I. – For the purposes of II of Article L. 533-12, the information provided to clients is as follows: 1° Where they provide the investment service referred to in 5° of Article L. 321-1, investment service providers other than portfolio management companies shall indicate to the client, in good time before the service is provided: – whether the investment advice is provided independently ; – whether the investment advice is…

Read More »

Article D533-15-1 of the French Monetary and Financial Code

I. – For the purposes of I bis of Article L. 533-13, professional clients wishing to benefit from the guarantees provided for therein shall inform the investment services provider either electronically or on paper. II. – For the purposes of 1° of III of Article L. 533-13, non-complex financial instruments are as follows: 1° Shares admitted to trading on a regulated market in a Member State of the European Union…

Read More »

Article D533-15-2 of the French Monetary and Financial Code

For the purposes of II of Article L. 533-15, the following conditions must be met: 1° The client has agreed to receive the suitability statement without undue delay after the conclusion of the transaction; 2° Investment services providers other than portfolio management companies have given the client the option of delaying the transaction so that it can receive the suitability statement beforehand. For the purposes of the last paragraph of…

Read More »

Article R533-16 of the French Monetary and Financial Code

I.-The shareholder engagement policy referred to in I of Article L. 533-22 describes the way in which the following elements in particular are ensured: 1° Monitoring of strategy, financial and non-financial performance, risks, capital structure, social and environmental impact and corporate governance; 2° Dialogue with the companies held; 3° Exercise of voting rights and other rights attached to shares; 4° Cooperation with other shareholders; 5° Communication with relevant stakeholders; 6°…

Read More »

Article R533-16-0 of the French Monetary and Financial Code

I.-The disclosures referred to in II of Article L. 533-22 include the following information: 1° The most significant medium- and long-term risks associated with the investments made under the contract; 2° The composition, turnover and turnover costs of the portfolio managed under the contract; 3° Where applicable, the use of voting advisers as part of the shareholder engagement policy referred to in I of Article L. 533-22; 4° The usual…

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.