The seizure of shares, transferable securities, financial instruments or other intangible assets or rights shall be notified to the issuer. Where applicable, the financial intermediary mentioned in 2° to 7° of Article L. 542-1 of the Monetary and Financial Code and the registered intermediary mentioned in the Article L. 228-1 of the French Commercial Code.
The seizure of a business is enforceable against third parties from the time of its entry, at the advanced expense of the Treasury, in a register, in accordance with the procedures determined by decree in the Conseil d’Etat. The formalities for this publication are carried out, on behalf of the public prosecutor, the investigating judge or the trial court, by the Agency for the Management and Recovery of Seized and…
During the investigation in flagrante delicto or the preliminary investigation, the liberty and custody judge, at the request of the public prosecutor, may order by reasoned decision the seizure, at the advanced expense of the Treasury, of property for which confiscation is provided for by the article 131-21 of the Penal Code without divesting the owner or holder thereof. The investigating judge may, during the investigation, order this seizure under…
The Agence de gestion et de recouvrement des avoirs saisis et confisqués (Agency for the Management and Recovery of Seized and Confiscated Assets) is a public administrative body under the joint authority of the Minister of Justice and the Minister for the Budget.
The agency is responsible for ensuring, throughout the country and by court order: 1° The management of all assets, whatever their nature, seized, confiscated or subject to a protective measure in the course of criminal proceedings, which are entrusted to it and which require, for their preservation or enhancement, acts of administration ; 2° The centralised management of all sums seized in the course of criminal proceedings; 3° The disposal…
The agency provides the criminal courts and public prosecutors, at their request or on its own initiative, with guidance as well as legal and practical assistance useful for carrying out planned seizures and confiscations or managing seized and confiscated assets. It may carry out any information or training activities designed to publicise its work and promote good practice in seizure and confiscation matters. The Agency shall ensure the replenishment of…
The Agency is administered by a Board of Directors, chaired by a judge appointed by decree.
The agency’s resources comprise: 1° Subsidies, advances and other contributions from the State and its public establishments, the European Union, local authorities, their groupings and their public establishments and any other public or private legal entity; 2° Tax revenues allocated by law; 3° A portion, with the exception of the revenues mentioned in this 4°, capped in accordance with I of Article 46 of Law no. 2011-1977 of 28 December…
Any person who, having brought a civil action, has benefited from a final decision awarding him damages and interest as compensation for the harm he has suffered as a result of a criminal offence as well as costs pursuant to articles 375 or 475-1 and who has not obtained compensation or reparation under articles 706-3 or 706-14, or recovery assistance pursuant to article 706-15-1, may obtain from the Agence de…
The detailed rules for the application of this Title shall be laid down by decree in the Conseil d’Etat.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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