French Business Law - French Legislation

Article R621-16 of the French Monetary and Financial Code

November 5, 2023

The Accounting Officer shall exercise due diligence to ensure the recovery of all the resources of the Autorité des marchés financiers. Revenue shall be collected by the accounting officer either spontaneously or in accordance with the Chairman’s instructions. With the exception of the duties and contributions referred to in Article L. 621-5-3, which are recovered under the enforceable statement procedure, the Accounting Officer sends the corresponding invoices to the debtors…

Article R621-17 of the French Monetary and Financial Code

November 5, 2023

When the AMF’s debts, other than the duties and contributions mentioned in Article L. 621-5-3, cannot be recovered out of court, proceedings shall be conducted in accordance with commercial practice or may be the subject of statements of enforceability issued by the Chairman. Enforceable statements may be notified to debtors by registered letter with acknowledgement of receipt. Debt collection shall continue until the debt is contested before the competent court.

Article R621-18 of the French Monetary and Financial Code

November 5, 2023

The accounting officer shall proceed with the proceedings. Proceedings may be suspended at any time by written order of the President if the debt is the subject of a dispute. The Chairman shall also suspend proceedings if, in agreement with the accounting officer, he considers that the debt is irrecoverable or that the granting of a delay by the accounting officer is in the interests of the Autorité des marchés…

Article R621-19 of the French Monetary and Financial Code

November 5, 2023

The Chairman may decide, after obtaining the assent of the Accounting Officer: 1° In the event of hardship for debtors, to grant an ex gratia remission of AMF claims, except for the duties and contributions mentioned in Article L. 621-5-3 ; 2° At the justified request of debtors, to grant total or partial remission of late payment surcharges or penalties applied to the duties and contributions mentioned in Article L….

Article R621-20 of the French Monetary and Financial Code

November 5, 2023

The Accounting Officer shall suspend the payment of expenditure if, in the course of his checks, he finds irregularities or if the certifications issued by the Chairman are inaccurate. He shall inform the President thereof. Where the Accounting Officer has suspended payment of expenditure, the President may, in writing and under his responsibility, request the Accounting Officer to pay. The accounting officer shall comply with the requisition and report to…

Article R621-21 of the French Monetary and Financial Code

November 5, 2023

All expenditure must be settled and authorised during the financial year to which it relates. Expenditure by the Autorité des marchés financiers shall be settled by the Accounting Officer on the order of the Chairman or after acceptance by the Chairman. Expenditure orders shall be supported by the necessary documentary evidence, in particular invoices, statements, contracts, leases or agreements. Acceptance of the expenditure shall take the form either of a…

Article R621-22 of the French Monetary and Financial Code

November 5, 2023

The list of supporting documents for revenue and expenditure shall be prepared by the accounting officer and proposed by the chairman for approval by the Minister for the Budget. In the event of loss, destruction or theft of the supporting documents provided to the accounting officer, the Minister responsible for the budget may authorise the accounting officer to provide for their replacement. The supporting documents are kept in the accounting…

Article R621-23 of the French Monetary and Financial Code

November 5, 2023

Revenue and expenditure accounts may be set up at the Autorité des marchés financiers by decision of the Chairman, with the approval of the accounting officer, under the conditions laid down by Decree no. 2019-798 of 26 July 2019 on the revenue and imprest accounts of public bodies and by the accounting and financial regulations.

Article R621-24 of the French Monetary and Financial Code

November 5, 2023

The AMF’s cash balances are deposited with the Treasury under the conditions defined in articles 46, 47 and 197 of Decree 2012-1246 of 7 November 2012 on public budgetary and accounting management.

Article R621-25 of the French Monetary and Financial Code

November 5, 2023

The management of the Accounting Officer of the Autorité des marchés financiers is supervised by the Regional Director of Public Finances of Ile-de-France.

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Regulatory part

Article R621-16 of the French Monetary and Financial Code

Article R621-17 of the French Monetary and Financial Code

Article R621-18 of the French Monetary and Financial Code

Article R621-19 of the French Monetary and Financial Code

Article R621-20 of the French Monetary and Financial Code

Article R621-21 of the French Monetary and Financial Code

Article R621-22 of the French Monetary and Financial Code

Article R621-23 of the French Monetary and Financial Code

Article R621-24 of the French Monetary and Financial Code

Article R621-25 of the French Monetary and Financial Code

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Regulatory part

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