Article R621-39-3 of the French Monetary and Financial Code
November 5, 2023
A challenge may be requested by the person against whom the complaint has been lodged or by his representative.
A challenge may be requested by the person against whom the complaint has been lodged or by his representative.
The request for recusal shall be made by a document delivered to the secretariat of the Commission, which shall issue a receipt, or by a statement recorded by the secretariat in the minutes. It must, on pain of inadmissibility, state precisely the reasons for the challenge and be accompanied by the appropriate supporting documents.
The committee secretariat will send a copy of the request for recusal to the member who is the subject of the recusal.
As soon as he has been notified of the request, the challenged member shall abstain until the request has been decided.
Within eight days of this communication, the challenged member shall make known in writing either his agreement to the challenge or the reasons why he opposes it.
If the challenged member agrees to the challenge, he/she is replaced as described in article R. 621-39-1. The person making the request is notified by any means of the date on which it will be examined and of the opportunity he or she will have to make oral observations. The Committee shall take its decision without the participation of the member whose challenge is requested; if he is not the…
Acts performed by the challenged member before he became aware of the request for challenge may not be challenged.
The Board’s decision can only be appealed together with the decision on the grievances.
I. – Pursuant to IV bis of Article L. 621-15, the chairman of the panel hearing the case shall preside over the meeting. II. – During the meeting, the rapporteur presents his report. The Director General of the Treasury or his representative may submit observations. The member of the Board mentioned in the third paragraph of I of Article L. 621-15 or his representative appointed pursuant to this provision may…
When one of the legal entities referred to in II of Article L. 621-9 is temporarily or permanently banned from trading or temporarily suspended from trading, the Chairman of the Autorité des marchés financiers, after seeking the opinion of the legal entity penalised, shall appoint another such person, with the agreement of the latter, to carry out the activity in question. The mission of the person so appointed expires either…
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75001, Paris France
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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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