Section 7: Disciplinary powers

I. – The Enforcement Committee has a secretariat made up of staff from the authority. One of the duties of this secretariat is to assist the rapporteur. II – Where necessary, the Enforcement Committee will specify in its rules of procedure any operating procedures that are not defined in this Code.

The statement of objections informs the respondent that it may obtain a copy of the documents in the file from the Enforcement Committee secretariat and be assisted or represented by any counsel of its choice. The statement of objections states that any subsequent notification will be sent to the respondent at the address at which it received the statement of objections or, where applicable, at the last address it has…

Where appropriate, the authority may inform the following of the opening of sanction proceedings: 1° The undertaking controlling the respondent within the meaning of I of Article L. 511-20 of this Code or 1 of Article L. 356-1 of the Insurance Code; 2° The central body with which the respondent is affiliated; 3° The insurance group company, mutual group union or social protection insurance group company with which the respondent…

I. – The chairman of the Enforcement Committee appoints a rapporteur from among the members of the Committee or, if one of them waives participation at all stages of the proceedings in the Committee’s work on the notified objections, from among their alternates. The Chairman informs the respondent and the representative of the Supervisory Board or the Resolution Board provided for in Article L. 612-38 of this decision in accordance…

The respondent is summoned to appear before the Enforcement Committee within a period that may not be less than thirty clear days from the date of communication of the report provided for in II of Article R. 612-38. The summons shall state the composition of the Enforcement Committee and specify that the respondent has fifteen clear days in which to comment in writing on the report. The summons is sent…

Any member of the Enforcement Committee who, without prejudice to the cases provided for in Article L. 612-10, assumes that he or she is a cause for disqualification or who conscientiously considers that he or she should abstain will inform the chairman of the Enforcement Committee that he or she will not be sitting.

A respondent who wishes to challenge a member of the Committee must, on pain of inadmissibility, make the request: 1° In the case of the rapporteur, within fifteen clear days of notification of the decision appointing the rapporteur; 2° In the case of a deliberating member, within eight clear days of notification of the composition of the panel called upon to deliberate; 3° If the reason given could not be…

A challenge is requested by the person being challenged or by his representative. It is made by letter addressed to the secretariat of the Commission, which acknowledges receipt, or by a statement that is recorded by the secretariat in the minutes. To be accepted, the statement must give precise reasons for the challenge and be accompanied by the relevant supporting documents.

The Committee secretariat shall immediately notify the member concerned of the request for recusal and inform the Committee Chairman. No later than the day before the meeting provided for in Article R. 612-46, the challenged member shall make known in writing either his agreement to the challenge or his reasons for opposing it. If the challenged member agrees to the challenge, he shall be replaced by his alternate. If this…

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