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Article L621-10-2 of the French Monetary and Financial Code

For the purposes of investigating market abuse as defined by Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (Market Abuse Regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC, investigators may obtain disclosure of data stored and processed by telecommunications operators, under the conditions and subject to the…

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Article L621-11 of the French Monetary and Financial Code

Any person summoned or heard has the right to be assisted by counsel of his choice. The procedures for summoning the person or for receiving his or her explanations on the spot and the conditions under which this right is exercised are determined by decree of the Conseil d’Etat.

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Article L621-12 of the French Monetary and Financial Code

For the purposes of investigating offences defined in Articles L. 465-1 to L. 465-3-3 and acts that may be classified as property offences and sanctioned by the Enforcement Committee of the Autorité des marchés financiers pursuant to Article L. 621-15, the liberty and custody judge of the judicial court in whose jurisdiction the premises to be visited are located may, at the reasoned request of the Secretary General of the…

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Article L621-13 of the French Monetary and Financial Code

On a reasoned request from the Chairman or Secretary General of the Autorité des Marchés Financiers, the president of the court may order the sequestration, wherever held, of funds, securities or rights belonging to the persons accused by the Autorité des Marchés Financiers, as well as any assets held by an AIF. It shall rule by order upon request, and any interested party shall be required to refer the matter…

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Article L621-13-1 of the French Monetary and Financial Code

I. – The Autorité des marchés financiers may appoint a provisional administrator for a person referred to in Article L. 543-1, to whom all powers of administration, management and representation of the legal entity shall be transferred. The provisional administrator shall dispose of the movable and immovable property of the legal entity in the interests of proper administration. The administrator is appointed either at the request of the managers if…

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Article L621-13-2 of the French Monetary and Financial Code

The Autorité des marchés financiers may require the suspension, on a temporary basis, of the redemption of units or shares or the issue of new units or shares in an undertaking for collective investment when exceptional circumstances so require and if the interests of unitholders, shareholders or the public so dictate. It may also require an end to the capping or suspension of redemptions of units or shares, or temporarily…

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Article L621-13-3 of the French Monetary and Financial Code

The AMF may require the suspension, on a temporary basis, of the redemption of units or shares or the issue of new units or shares of an AIF when exceptional circumstances so require and if the interests of unitholders, shareholders or the public so dictate. It may also require an end to the capping or suspension of redemptions of units or shares of an AIF, and temporarily limit the use…

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Article L621-13-4 of the French Monetary and Financial Code

Where an AIF management company is unable to ensure compliance with the provisions of Subsection 1 of Section 2 of Chapter IV of Title I of Book II for which an AIF or another entity acting on its behalf is responsible, it shall immediately inform the Autorité des marchés financiers and, if necessary, the competent authorities of the European Union AIF or of a State party to the Agreement on…

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Article L621-13-5 of the French Monetary and Financial Code

I.-The Chairman of the Autorité des marchés financiers shall send a formal notice, by any means capable of establishing the date of receipt, to the following operators: 1° Operators and natural or legal persons offering online investment services that are not authorised pursuant to Article L. 532-1, that are not among the persons mentioned in Article L. 531-2 and that do not fall within the scope of Articles L. 532-16…

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