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Article L561-38 of the French Monetary and Financial Code

The Minister for the Economy shall set up a National Sanctions Commission responsible for imposing the sanctions provided for in Article L. 561-40. It shall deal with breaches detected during inspections carried out pursuant to Article L. 561-36-2: 1° By the Minister for the Economy or the Minister for the Budget for the persons mentioned in 8° of Article L. 561-2; 2° By the Minister for the Interior, the Minister…

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Article L561-39 of the French Monetary and Financial Code

I. – The National Enforcement Committee is made up of a member of the Conseil d’Etat as chairman, appointed by the vice-chairman of the Conseil d’Etat, a member of the Cour de cassation, appointed by the first chairman of the Cour de cassation and a magistrate of the Cour des comptes, appointed by the first chairman of the Cour des comptes, as well as four persons qualified in legal or…

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Article L561-40 of the French Monetary and Financial Code

I. – The National Sanctions Committee may impose one of the following administrative sanctions: 1° A warning ; 2° a reprimand 3° A temporary ban on exercising the activity or exercising managerial responsibilities within a legal entity exercising this activity for a period not exceeding five years; 4° Withdrawal of authorisation or professional licence. The penalty provided for in 3° may be suspended. If, within a period of five years…

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Article L561-41 of the French Monetary and Financial Code

I. – The Commission Nationale des Sanctions (National Enforcement Committee) receives reports or procedures drawn up following inspections carried out by the administrative authorities referred to in Article L. 561-36-2. II. – The Secretary General of the Commission notifies the respondent of the objections likely to be upheld by the Commission. When the complaints are notified to a legal entity, they are also notified to its legal representatives and, in…

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Article L561-42 of the French Monetary and Financial Code

The chairman of the National Sanction Commission appoints a rapporteur. The rapporteur may not receive any instructions. The Commission shall reach its decision by reasoned decision, without the presence of the rapporteur of the case. No sanction may be imposed without the person concerned or his representative having been heard or, failing this, having been duly summoned.

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Article L561-45 of the French Monetary and Financial Code

When personal data is processed for the sole purpose of applying articles L. 561-5 to L. 561-23 by a person mentioned in article L. 561-2, the right of access is exercised with the Commission nationale de l’informatique et des libertés. The Commission appoints one of its members who is or was a member of the Conseil d’Etat, the Cour de Cassation or the Cour des Comptes to carry out the…

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Article L561-45-1 of the French Monetary and Financial Code

The following are required to obtain and keep accurate and up-to-date information on their beneficial owners as defined in Article L. 561-2-2 : 1° Where they are established on French territory in accordance with Article L. 123-11 of the Commercial Code, the companies and entities mentioned in 2°, 3° and 5° of I of Article L. 123-1 of the same code, other than companies whose securities are admitted to trading…

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Article L561-45-2 of the French Monetary and Financial Code

At the request of the company or entity referred to in 1° to 3° of Article L. 561-45-1, the beneficial owner shall provide it with all the information required to comply with the obligation referred to in the first paragraph of the same article. This information shall be provided by the beneficial owner within a period set by decree in the Conseil d’Etat. Where this time limit is not respected,…

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