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Article L612-9 of the French Monetary and Financial Code

The Enforcement Committee has six members: 1° Two members of the Conseil d’Etat, appointed by the Vice-President of the Conseil d’Etat, and one member of the Cour de cassation, appointed by the First President of the Cour de cassation ; 2° Three members chosen for their expertise in areas relevant to the performance of the Authority’s duties, appointed by order of the Minister for the Economy. Alternate members are appointed…

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Article L612-10 of the French Monetary and Financial Code

All members of the supervisory board, the resolution board or the Enforcement Committee of the Autorité de contrôle prudentiel et de résolution must inform the Chairman of the Autorité de contrôle prudentiel et de résolution : 1° any interests that they have held in the two years preceding their appointment, that they hold or that they come to hold ; 2° any functions in a social, economic or financial activity…

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Article L612-11 of the French Monetary and Financial Code

Without prejudice to the provisions of Article L. 612-8-1, the Director General of the Treasury, or his representative, shall sit on all panels of the Autorité de contrôle prudentiel et de résolution without voting rights. He shall not attend the deliberations of the Enforcement Committee. The Director of Social Security, or his representative, sits on the Insurance Sector Sub-Committee or on other AMF panels that deal with bodies governed by…

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Article L612-12 of the French Monetary and Financial Code

I. – Without prejudice to Article L. 612-8-1, the full Supervisory Board shall determine the organisational and operational principles, the budget and the internal rules of procedure of the AMF. It shall examine any general issue common to the banking and insurance sectors and analyse the risks of these sectors in the light of the economic situation. It decides on supervisory priorities. Each year it draws up a report for…

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Article L612-13 of the French Monetary and Financial Code

Each section of the Authority’s supervisory board may only deliberate if a majority of its members are present. Decisions are taken by majority vote. In the event of a tie, the chairman of the panel shall have the casting vote. In the event of an emergency established by the Chairman of the Autorité de contrôle prudentiel et de résolution, the panel may, except in the case of sanctions, decide by…

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Article L612-14 of the French Monetary and Financial Code

I. – The Authority may set up one or more Advisory Commissions. At least one commission shall be set up to give an opinion on the lists, models, frequency and deadlines for transmitting the documents and periodic information that must be submitted to the Authority. The Authority shall appoint the members of this commission, which shall be composed for the most part of professionals from the banking and insurance sectors…

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Article L612-15 of the French Monetary and Financial Code

A Secretary General is appointed by order of the Minister for the Economy, on the recommendation of the Chairman of the Autorité de contrôle prudentiel et de résolution. A first deputy secretary general, under the authority of the first deputy secretary general, is appointed by the chairman of the Autorité, after receiving the assent of the vice-chairman and approval by the ministers responsible for the economy, social security and mutual…

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Article L612-15-1 of the French Monetary and Financial Code

I. – The Director in charge of the departments mentioned in Article L. 612-8-1 is appointed by order of the Minister for the Economy, on the recommendation of the Chairman of the College of Resolution. Notwithstanding the rules relating to the organisation and management of the departments set out in Article L. 612-15, the Director of Resolution shall organise and manage the departments responsible for preparing the work of the…

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Article L612-16 of the French Monetary and Financial Code

I. – The Chairman of the Autorité de contrôle prudentiel et de résolution is authorised to bring proceedings before any court in order to perform the duties entrusted to it. II. – The Autorité de contrôle prudentiel et de résolution may bring a civil action at all stages of criminal proceedings for the application of Chapters I to III of Title VII of Book V of this Code and the…

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Article L612-17 of the French Monetary and Financial Code

I. – Any person who participates or has participated in the performance of the duties of the Autorité de contrôle prudentiel et de résolution is bound by professional secrecy under the conditions and subject to the penalties laid down in Article L. 641-1. II. – This secrecy may not be invoked against 1° To the judicial authority acting in the context of either compulsory liquidation proceedings opened against a person…

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