Subsection 3: Inspections and investigations

I.-To exercise its supervisory and investigative powers, the Autorité des marchés financiers may have recourse to : 1° Members of its staff ; 2° Pursuant to 2° of Article L. 621-9-2 : a) The General Secretariat of the Autorité de contrôle prudentiel et de résolution ; b) To the central bodies mentioned in Article L. 511-30, for institutions affiliated to these bodies; c) To the central depositories mentioned in 3°…

I. – The use of one of the persons mentioned in 2° of I, II and III of article R. 621-31 shall be governed by a memorandum of understanding signed with the Autorité des marchés financiers, which sets out the tasks to be performed and the conditions under which they are to be carried out. II. – The Autorité des marchés financiers shall ensure that the persons mentioned in I…

I. – No person may be authorised or appointed to carry out an investigation or an audit if he has been convicted of any of the offences referred to in article L. 500-1. No person may be appointed to carry out an investigation or an audit of a legal entity within which he has exercised a professional activity during the previous three years. II. – Before giving an assignment to…

Investigators and auditors may summon and interview any person likely to provide them with information. They shall present their personal mission order drawn up by the General Secretary in response to any request made in the course of their investigations. The summons shall be sent to the person concerned by registered letter with acknowledgement of receipt or delivered by hand against a receipt or by a bailiff’s deed or by…

Reports drawn up in the course of investigations or inspections shall state the nature, date and place of the observations made. They are signed by the investigator or inspector and the person concerned by the investigations. If the latter refuses, this is noted in the report. When the investigators or inspectors obtain explanations on site, a separate report is drawn up from the visit report. These minutes state that the…

I.-The request for authorisation to disclose the connection data referred to in the sixth paragraph of Article L. 621-10-2 shall specify for each investigation: 1° The name of the person suspected of having committed market abuse as referred to in the first paragraph of Article L. 621-10-2 or the name of any other person for whom access to connection data appears necessary for the investigation or, where applicable, the telephone…

Data transmitted by telecommunications operators is collected and stored until it is destroyed, in accordance with procedures designed to guarantee confidentiality.

The destruction of connection data collected in the course of the same investigation under the conditions provided for in Article L. 621-10-2 at the end of their retention period shall give rise to a report drawn up by AMF investigators. Requests for authorisation to access connection data sent to the controller of connection data requests and authorisations issued by the latter shall be destroyed under the same conditions.

The controller of connection data requests or, where applicable, his deputy, receive an allowance the amount of which is set by order of the ministers responsible for the economy, the budget and the civil service.

The results of investigations and inspections are set out in a written report. This report shall indicate, in particular, any facts that may constitute breaches of European regulations, of this Code, of the Commercial Code, of the General Regulation of the Autorité des marchés financiers and of the rules approved by the Autorité, breaches of other professional obligations or a criminal offence.