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Article L612-36 of the French Monetary and Financial Code

The decisions of the college of supervisors relating to a supervised person taken pursuant to this section may be communicated to the undertaking which controls it within the meaning of I of Article L. 511-20, to the central body with which it is affiliated, and to the parent undertaking within the meaning of Article L. 356-1 of the Insurance Code.

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Article L612-38 of the French Monetary and Financial Code

One of the formations of the supervisory board or the resolution board shall examine the conclusions drawn by the departments of the Autorité de contrôle prudentiel et de résolution in the course of its supervisory duties or the report drawn up pursuant to Article L. 612-27, with a view to initiating sanction proceedings. The chairman of the panel of the supervisory board or the resolution board, as the case may…

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Article L612-39 of the French Monetary and Financial Code

Subject to the provisions of Article L. 612-40, if any of the persons referred to in I of Article L. 612-2, with the exception of those referred to in 4a, 5° and 11° of A and 4° of B, has breached a European, legislative or regulatory provision that the AMF is responsible for ensuring compliance with, or the approved codes of conduct applicable to its profession, has failed to submit…

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Article L612-40 of the French Monetary and Financial Code

I.-A.-The provisions of C apply if a credit institution or finance company is in one of the following situations: 1° It has breached a provision of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013, with the exception of the requirements set out in Articles 92a and 92b thereof; 2° It has breached a provision of Title I and Title III of Book…

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Article L612-41 of the French Monetary and Financial Code

If a person referred to in 4° of B of I or II of Article L. 612-2 has breached a European, legislative or regulatory provision that the authority is responsible for ensuring compliance with, or an approved code of conduct applicable to its profession, or has disregarded a warning or failed to comply with a formal notice, the Enforcement Committee may impose one or more of the following disciplinary sanctions…

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Article L612-42 of the French Monetary and Financial Code

I. – Financial penalties imposed pursuant to this section may be subject to a surcharge of up to 10% of their amount, payable by the person sanctioned and intended to finance victim support. Article L. 612-40 X applies to this increase and the reasons it gives are used to determine the amount. The penalties and periodic penalty payments provided for in this section are recovered by the Treasury and paid…

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Article L612-43 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution may, when the situation so warrants and under conditions laid down by decree, appoint an additional auditor to the undertakings mentioned in A of I of Article L. 612-2, other than the bodies mentioned in 3° and carrying out activities of a hybrid nature, 4° bis, 5°, 6°, 7°, 8° and carrying out activities of a hybrid nature, 11° and 12°, and…

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Article L612-44 of the French Monetary and Financial Code

I. – The Autorité de contrôle prudentiel et de résolution may ask the statutory auditors of persons subject to its supervision for any information on the business and financial situation of the entity that they audit and on the due diligence that they have performed there in the course of their engagement. The Autorité de contrôle prudentiel et de résolution may also provide the statutory auditors of the persons mentioned…

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Article L612-45 of the French Monetary and Financial Code

When the Autorité de contrôle prudentiel et de résolution becomes aware of misconduct or failure to comply with the legislative or regulatory provisions applicable to statutory auditors committed by a statutory auditor of a person subject to its supervision, it may ask the competent court to remove the statutory auditor from office in accordance with the procedures set out inArticle L. 823-7 of the Commercial Code. The Chairman of the…

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