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Article L612-19 of the French Monetary and Financial Code

I. – The Autorité de contrôle prudentiel et de résolution shall have at its disposal the resources provided by the Banque de France. The Secretary General of the Autorité commits the expenditure of the Autorité within the limits of its budget. The Secretary General is delegated by the Banque de France to conclude contracts and issue invitations to tender under the conditions applicable to contracts awarded by the Banque de…

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Article L612-20 of the French Monetary and Financial Code

I. – Persons subject to supervision by the Autorité de contrôle prudentiel et de résolution pursuant to Article L. 612-2 are subject to a contribution for supervision costs, which is paid to the Banque de France in respect of their activity as at 1 January each year, with the exception of insurance and reinsurance brokers and brokerage companies referred to in Article L. 511-1 of the French Insurance Code, as…

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Article L612-21 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution shall draw up and publish a list of the following persons: 1° The persons mentioned in I of Article L. 612-2 ; 2° The persons mentioned in c of II of Article L. 521-1 when they provide payment services mentioned in Article L. 314-1; 3° The agents referred to in Article L. 523-1; 4° The persons mentioned in Articles L. 521-3, L….

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Article L612-22 of the French Monetary and Financial Code

When a merger directly or indirectly involving a person subject to the supervision of the Autorité de contrôle prudentiel et de résolution is the subject of an in-depth review pursuant to the last paragraph of III of Article L. 430-5 of the French Commercial Code, the Autorité de la concurrence shall obtain the opinion of the Autorité de contrôle prudentiel et de résolution before taking a decision pursuant to Article…

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Article L612-23 of the French Monetary and Financial Code

The Secretary General of the Autorité de contrôle prudentiel et de résolution organises off-site and on-site inspections. The Autorité de contrôle prudentiel et de résolution shall carry out inspections relating to the provisions of the Consumer Code without prejudice to the powers granted to the agents mentioned in Articles L. 511-3 and L. 511-21 of the Consumer Code, under the conditions set out in Book V of the same Code….

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Article L612-23-1 of the French Monetary and Financial Code

I. – The persons referred to in 1°, a of 2°, 4°, 9° and 10° of A of I of Article L. 612-2 shall notify the Autorité de contrôle prudentiel et de résolution of the appointment and reappointment of the managers referred to in Articles L. 511-13 and L. 532-2, within a period set by decree in the Conseil d’Etat. The persons mentioned in 1°, a of 2° and 9°…

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Article L612-24 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution shall determine the list, model, frequency and deadlines for the transmission of documents and information that must be submitted to it periodically. The Secretary General of the Autorité de contrôle prudentiel et de résolution may also ask persons subject to its supervision for any information, documents, regardless of the medium, and obtain copies thereof, as well as any clarifications or justifications necessary…

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Article L612-25 of the French Monetary and Financial Code

In the event of failure to comply with an obligation to notify, declare or transmit statements, documents, data or hearings requested by the Secretary General or one of the panels of the Autorité, the Autorité de contrôle prudentiel et de résolution may issue an injunction accompanied by a penalty payment, the amount and effective date of which it shall determine. The penalty shall be recovered by the public accountant and…

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Article L612-26 of the French Monetary and Financial Code

The Secretary General of the Autorité de contrôle prudentiel et de résolution may decide to extend the on-site supervision of a person subject to its supervision: 1° To its subsidiaries ; 2° To legal entities that directly or indirectly control it within the meaning ofArticle L. 233-3 of the Commercial Code; 3° Subsidiaries of these legal entities; 4° Any other company or legal entity belonging to the same group; 5°…

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Article L612-27 of the French Monetary and Financial Code

In the event of an on-site audit, a report is drawn up. The draft report is brought to the attention of the management of the audited entity, who may make comments, which are included in the final report. In the event of an emergency or where it is otherwise necessary to take immediate action to establish facts or conduct likely to constitute a breach of the provisions applicable to the…

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