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Article R612-34 of the French Monetary and Financial Code

I. – 1° When a panel of the Supervisory Board is considering taking one of the measures provided for in Articles L. 612-30 to L. 612-34, it will inform the person concerned of the measures envisaged and the reasons it considers likely to justify such measures. 2° When the Supervisory Board considers that one of the measures provided for in Articles L. 612-30 to L. 612-32 should be taken, the…

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Article R612-34-1 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution shall notify the European Banking Authority at least once a year of the decisions of the supervisory board taken pursuant to the provisions of the fourth paragraph of I of Article L. 511-12-1, the fifth paragraph of I and II of Article L. 531-6 and Article L. 611-2, as wellas the measures taken for failure to comply with the obligations of Sections…

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Article R612-34-2 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution shall notify the European Insurance and Occupational Pensions Authority of decisions taken pursuant to Articles L. 382-3 and L. 383-1 of the French Insurance Code and Article L. 612-33 and 5° bis or 5° ter of Article L. 631-2-1 of this Code which lead to the prohibition or restriction of the activities of the supplementary occupational pension schemes mentioned inArticle L. 381-1…

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Article R612-34-3 of the French Monetary and Financial Code

For the purposes of 2° of I of Article L. 612-35-1 and subject to the third paragraph of this Article, the police measures ordered by the Autorité de contrôle prudentiel et de résolution shall be published for a period of at least five years in the official register of the Autorité, which shall be accessible electronically. The type and nature of the practice concerned and the identity of the natural…

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Article R612-35 of the French Monetary and Financial Code

I. – The Enforcement Committee has a secretariat made up of staff from the authority. One of the duties of this secretariat is to assist the rapporteur. II – Where necessary, the Enforcement Committee will specify in its rules of procedure any operating procedures that are not defined in this Code.

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Article R612-36 of the French Monetary and Financial Code

The statement of objections informs the respondent that it may obtain a copy of the documents in the file from the Enforcement Committee secretariat and be assisted or represented by any counsel of its choice. The statement of objections states that any subsequent notification will be sent to the respondent at the address at which it received the statement of objections or, where applicable, at the last address it has…

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Article R612-37 of the French Monetary and Financial Code

Where appropriate, the authority may inform the following of the opening of sanction proceedings: 1° The undertaking controlling the respondent within the meaning of I of Article L. 511-20 of this Code or 1 of Article L. 356-1 of the Insurance Code; 2° The central body with which the respondent is affiliated; 3° The insurance group company, mutual group union or social protection insurance group company with which the respondent…

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Article R612-38 of the French Monetary and Financial Code

I. – The chairman of the Enforcement Committee appoints a rapporteur from among the members of the Committee or, if one of them waives participation at all stages of the proceedings in the Committee’s work on the notified objections, from among their alternates. The Chairman informs the respondent and the representative of the Supervisory Board or the Resolution Board provided for in Article L. 612-38 of this decision in accordance…

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Article R612-39 of the French Monetary and Financial Code

The respondent is summoned to appear before the Enforcement Committee within a period that may not be less than thirty clear days from the date of communication of the report provided for in II of Article R. 612-38. The summons shall state the composition of the Enforcement Committee and specify that the respondent has fifteen clear days in which to comment in writing on the report. The summons is sent…

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Article R612-40 of the French Monetary and Financial Code

Any member of the Enforcement Committee who, without prejudice to the cases provided for in Article L. 612-10, assumes that he or she is a cause for disqualification or who conscientiously considers that he or she should abstain will inform the chairman of the Enforcement Committee that he or she will not be sitting.

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