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Article L561-36 of the French Monetary and Financial Code

November 7, 2023

I. – Supervision of compliance by the persons referred to in Article L. 561-2 with the obligations laid down in Chapters I and II of this Title, with directly applicable European provisions relating to the fight against money laundering and terrorist financing, including those of the European regulations on restrictive measures adopted pursuant to Articles 75 or 215 of the Treaty on the Functioning of the European Union, as well…

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Article L561-36-1 of the French Monetary and Financial Code

November 7, 2023

I. – The Autorité de contrôle prudentiel et de résolution shall have the power, with regard to the fight against money laundering and terrorist financing, to impose its obligations on the persons mentioned in 1° to 7° bis of Article L. 561-2 and on the group parent undertakings mentioned in Article L. 561-33 for the obligations incumbent upon them, with the exception of the persons mentioned in 5° and those…

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Article L561-36-2 of the French Monetary and Financial Code

November 7, 2023

I. – The obligations laid down by the provisions of Chapters I and II of this Title, the European provisions directly applicable in terms of the fight against money laundering and terrorist financing, including those of the European regulations on restrictive measures taken pursuant to Articles 75 or 215 of the Treaty on the Functioning of the European Union, as well as those taken pursuant to the same Article 215…

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Article L561-36-3 of the French Monetary and Financial Code

November 7, 2023

I. – Any failure by the persons referred to in 12°, 13°, 14°, 18° and 19° of Article L. 561-2 to comply with the obligations laid down in Sections 3 to 6 of this Chapter, in Chapter II of this Title, and in the directly applicable European provisions on the fight against money laundering and terrorist financing, including those of the European regulations on restrictive measures adopted pursuant to Articles…

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Article L561-36-4 of the French Monetary and Financial Code

November 7, 2023

The supervisory authorities referred to in 3° to 16° of I of Article L. 561-36 shall put in place procedures to ensure that any failure to comply with the obligations defined in this Title and supervised by one or other of these authorities is reported to them via secure communication channels that guarantee the anonymity of the persons communicating information for this purpose.

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Article L561-37 of the French Monetary and Financial Code

November 7, 2023

Any breach of the provisions of Sections 3, 4, 5 and 6 of this Chapter, of Chapter II of this Title, of directly applicable European provisions on combating money laundering and terrorist financing, including those of the European regulations on restrictive measures adopted pursuant to Articles 75 or 215 of the Treaty on the Functioning of the European Union, as well as those adopted pursuant to the same Article 215…

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Article L561-38 of the French Monetary and Financial Code

November 7, 2023

The Minister for the Economy shall set up a National Sanctions Commission responsible for imposing the sanctions provided for in Article L. 561-40. It shall deal with breaches detected during inspections carried out pursuant to Article L. 561-36-2: 1° By the Minister for the Economy or the Minister for the Budget for the persons mentioned in 8° of Article L. 561-2; 2° By the Minister for the Interior, the Minister…

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Article L561-39 of the French Monetary and Financial Code

November 7, 2023

I. – The National Enforcement Committee is made up of a member of the Conseil d’Etat as chairman, appointed by the vice-chairman of the Conseil d’Etat, a member of the Cour de cassation, appointed by the first chairman of the Cour de cassation and a magistrate of the Cour des comptes, appointed by the first chairman of the Cour des comptes, as well as four persons qualified in legal or…

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Article L561-40 of the French Monetary and Financial Code

November 7, 2023

I. – The National Sanctions Committee may impose one of the following administrative sanctions: 1° A warning ; 2° a reprimand 3° A temporary ban on exercising the activity or exercising managerial responsibilities within a legal entity exercising this activity for a period not exceeding five years; 4° Withdrawal of authorisation or professional licence. The penalty provided for in 3° may be suspended. If, within a period of five years…

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Article L561-41 of the French Monetary and Financial Code

November 7, 2023

I. – The Commission Nationale des Sanctions (National Enforcement Committee) receives reports or procedures drawn up following inspections carried out by the administrative authorities referred to in Article L. 561-36-2. II. – The Secretary General of the Commission notifies the respondent of the objections likely to be upheld by the Commission. When the complaints are notified to a legal entity, they are also notified to its legal representatives and, in…

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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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Linkedin

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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