Chapter II: The Autorité de contrôle prudentiel et de résolution

A challenge does not affect any action taken by the Sanction Committee in the presence of the challenged member prior to the challenge request.

The Board’s decision on the application for recusal may only be appealed together with the decision on the objections.

The Sanction Committee is convened by its Chairman. It may only deliberate if at least three members are present. If, pursuant to Article L. 612-10, a member other than the Chairman does not take part in the deliberations, he is replaced by his alternate. If the Chairman is absent or unable to attend, the meeting is chaired by the second member of the Conseil d’Etat appointed pursuant to Article L….

A respondent may request that the hearing not be public. The chairman of the Enforcement Committee may prohibit the public from entering the hearing room during all or part of the hearing in the interests of public morality, public order or national security, or when the protection of business secrets or any other legally protected secret so requires. The chairman of the Enforcement Committee is responsible for policing the hearing….

I. – The rapporteur shall present his report at the meeting. The Director General of the Treasury and, where applicable, the Director of Social Security or their representatives may submit observations. The representative of the supervisory board or the resolution board or the official of the authority who assists or represents him may submit observations in support of the objections notified. The respondent and, where appropriate, its counsel shall present…

The session secretary draws up minutes of the hearing. The minutes are signed by the committee chairman, the rapporteur and the session secretary and sent to all those who attended the hearing or who were summoned to attend.

The decision, signed by the chairman of the Enforcement Committee, shall mention the names of the committee members who took the decision. It is notified to the parties in accordance with the procedures set out in I of Article R. 612-9 and to the chairman of the authority, who reports to the supervisory board or the resolution board. The decision is communicated by the Commission’s secretariat to the Director General…

For the purposes of XII of Article L. 612-40 and subject to the second paragraph below, the Enforcement Committee’s decisions are published for at least five years in the AMF’s official register, which is accessible electronically. The type and nature of the infringement and the identity of the natural or legal person on whom the sanction has been imposed are mentioned. Personal data is kept on the AMF’s official website…

Where service is effected under this section by a bailiff, he shall proceed in accordance with the procedures laid down in Articles 555 to 563 of the Code of Criminal Procedure. The remuneration of bailiffs acting under this section is set in accordance with articles R. 181 to R. 184 of the Code of Criminal Procedure. The decision to impose a penalty shall mention, where applicable, the procedural costs to…

When, in the cases provided for in the eleventh paragraph of Article L. 612-39 and in the last paragraph of B of I of Article L. 612-40 where the Autorité de contrôle prudentiel et de résolution has proposed to the European Central Bank to withdraw the authorisation of a credit institution, the European Central Bank has decided not to withdraw the authorisation, the Autorité shall immediately inform the chairman of…