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Article L621-8 of the French Monetary and Financial Code

I.-The Autorité des marchés financiers shall perform the duties arising from Regulation (EU) 2017/1129 of 14 June 2017 and shall ensure that the provisions thereof are applied. II-Any new fact or any error or inaccuracy concerning the information contained in the summary document referred to in IV of Article L. 412-1, which is likely to have a significant influence on the valuation of the financial instruments and occurs or is…

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Article L621-8-1 of the French Monetary and Financial Code

I.-To issue the approval referred to in III of Article L. 621-8, the AMF shall check that the document is complete and comprehensible, and that the information it contains is consistent. II – In the case of transactions covered by I of Article L. 621-8, the AMF shall indicate, where appropriate, the statements to be amended or the additional information to be included. The AMF may also request any explanation…

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Article L621-8-2 of the French Monetary and Financial Code

The General Regulation of the Autorité des marchés financiers defines the terms and conditions under which the following transactions are subject to promotional communications: 1° Public offers of financial securities, with the exception of those mentioned in 1° of Article L. 411-2 or in 2° or 3° of Article L. 411-2-1; 2° The admission of financial instruments to trading on a regulated market. The AMF may prohibit or suspend promotional…

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Article L621-8-4 of the French Monetary and Financial Code

The Autorité des marchés financiers may obtain from the persons or entities referred to in II of Article L. 621-9 any documents or information, regardless of the medium, that is relevant to the performance of its monitoring and supervisory duties. In order to carry out its duties under Regulation (EU) 2017/1129 of 14 June 2017, the Autorité des marchés financiers has, in particular, the supervisory and investigative powers referred to…

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Article L621-9 of the French Monetary and Financial Code

I.-In order to carry out its mission, the AMF conducts inspections and investigations. It shall ensure that the following offers and transactions are lawful: 1° Transactions in financial instruments when they are offered to the public and in financial instruments, units referred to in Article L. 229-7 of the Environmental Code and assets referred to in II of Article L. 421-1 of this Code that are admitted to trading on…

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Article L621-9-1 of the French Monetary and Financial Code

When the Secretary General of the AMF, or the Deputy Secretary General specially delegated for this purpose, decides to conduct investigations, he shall authorise the investigators in accordance with the procedures laid down in the General Regulation. Persons eligible for authorisation must meet the conditions of practice defined by decree in the Conseil d’Etat.

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Article L621-9-2 of the French Monetary and Financial Code

In accordance with the conditions laid down by decree in the Conseil d’Etat, the Autorité des marchés financiers may : 1° Delegate to market undertakings and, where applicable, to clearing houses the supervision of the activity and transactions carried out by members of a regulated market and by investment services providers that have transmitted orders to that market. This delegation is the subject of a memorandum of understanding. It may…

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Article L621-9-3 of the French Monetary and Financial Code

In the context of the inspections and investigations referred to in Articles L. 621-9 and L. 621-9-1, professional secrecy may not be invoked against the Autorité des marchés financiers or, where applicable, against the market undertakings or clearing houses, supervisory bodies, persons or authorities referred to in Article L. 621-9-2, where they assist the Autorité des marchés financiers, except by court officers. For the purposes of this sub-section, statutory auditors…

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Article L621-10 of the French Monetary and Financial Code

The investigators and auditors may, for the purposes of the investigation or audit, ask to be provided with any documents, regardless of the medium used. Investigators and auditors may summon and interview any person likely to provide them with information. They may access business premises. They may obtain explanations on the spot under conditions laid down by decree in the Conseil d’Etat.

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Article L621-10-1 of the French Monetary and Financial Code

When the persons and entities mentioned in II of Article L. 621-9 provide their services on the Internet, investigators and auditors may, in order to access the information and elements available on these services, use an assumed identity without being held criminally liable. A decree of the Conseil d’Etat shall specify the conditions under which investigators and auditors shall make their findings in such cases.

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