Section 4: Powers

Acts performed by the challenged member before he became aware of the request for challenge may not be challenged.

The Board’s decision can only be appealed together with the decision on the grievances.

I. – Pursuant to IV bis of Article L. 621-15, the chairman of the panel hearing the case shall preside over the meeting. II. – During the meeting, the rapporteur presents his report. The Director General of the Treasury or his representative may submit observations. The member of the Board mentioned in the third paragraph of I of Article L. 621-15 or his representative appointed pursuant to this provision may…

When one of the legal entities referred to in II of Article L. 621-9 is temporarily or permanently banned from trading or temporarily suspended from trading, the Chairman of the Autorité des marchés financiers, after seeking the opinion of the legal entity penalised, shall appoint another such person, with the agreement of the latter, to carry out the activity in question. The mission of the person so appointed expires either…

Natural or legal persons meeting the following conditions may apply for an increase in penalties under VI of Article L. 621-15 of the Monetary and Financial Code : 1° No further appeal may be lodged against the decision imposing the permanent disqualification or permanent withdrawal of the professional licence; 2° The sanctions of permanent disqualification or withdrawal of the professional licence have already been enforced for at least ten years;…

The request for an increase must be made in the following form and under the following conditions: 1° The request is sent by registered letter with acknowledgement of receipt to the chairman of the Enforcement Committee; 2° In the case of natural persons, the application shall state the surname, first name, profession and domicile of the applicant; in the case of legal entities, the application shall state their name, legal…

The Chairman of the Enforcement Committee will examine whether the application meets the conditions set out in Articles R. 621-41-1 and R. 621-41-2. If it does, the procedure is governed by article R. 621-39.

The applicant is summoned by registered letter with acknowledgement of receipt to be heard by the Enforcement Committee. They may be assisted or represented by a person of their choice. If the applicant or the person representing him fails to attend the meeting without a legitimate reason, he is deemed to have withdrawn. The claimant will be informed accordingly. The Committee shall reach its decision after hearing the observations of…

In assessing the merits of the request for an increase in the penalty, the Commission will take into account any new factors likely to justify an increase in the penalty, such as a finding by the European Court of Human Rights that there has been a breach of the rights guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms, a final acquittal decision by the…

Reasons shall be given for the decision on the request for an increase. It is sent by registered letter with acknowledgement of receipt to the applicant and to the President of the College, who may appeal to the Conseil d’État in accordance with the procedures set out in the Code of Administrative Justice and in I of Article R. 621-45. It is published in accordance with the conditions laid down…