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Article R621-41-1 of the French Monetary and Financial Code

November 5, 2023

Natural or legal persons meeting the following conditions may apply for an increase in penalties under VI of Article L. 621-15 of the Monetary and Financial Code : 1° No further appeal may be lodged against the decision imposing the permanent disqualification or permanent withdrawal of the professional licence; 2° The sanctions of permanent disqualification or withdrawal of the professional licence have already been enforced for at least ten years;…

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Article R621-41-2 of the French Monetary and Financial Code

November 5, 2023

The request for an increase must be made in the following form and under the following conditions: 1° The request is sent by registered letter with acknowledgement of receipt to the chairman of the Enforcement Committee; 2° In the case of natural persons, the application shall state the surname, first name, profession and domicile of the applicant; in the case of legal entities, the application shall state their name, legal…

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Article R621-41-4 of the French Monetary and Financial Code

November 5, 2023

The applicant is summoned by registered letter with acknowledgement of receipt to be heard by the Enforcement Committee. They may be assisted or represented by a person of their choice. If the applicant or the person representing him fails to attend the meeting without a legitimate reason, he is deemed to have withdrawn. The claimant will be informed accordingly. The Committee shall reach its decision after hearing the observations of…

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Article R621-41-5 of the French Monetary and Financial Code

November 5, 2023

In assessing the merits of the request for an increase in the penalty, the Commission will take into account any new factors likely to justify an increase in the penalty, such as a finding by the European Court of Human Rights that there has been a breach of the rights guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms, a final acquittal decision by the…

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Article R621-41-6 of the French Monetary and Financial Code

November 5, 2023

Reasons shall be given for the decision on the request for an increase. It is sent by registered letter with acknowledgement of receipt to the applicant and to the President of the College, who may appeal to the Conseil d’État in accordance with the procedures set out in the Code of Administrative Justice and in I of Article R. 621-45. It is published in accordance with the conditions laid down…

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Article R621-42 of the French Monetary and Financial Code

November 5, 2023

The Autorité des marchés financiers shall, where appropriate, inform the European Commission and the competent authorities of the other Member States of the European Union of the decisions it takes pursuant to this section. It shall also inform the European Securities and Markets Authority of decisions taken against AIF management companies pursuant to this section.

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Article R621-43-1 of the French Monetary and Financial Code

November 5, 2023

The persons mentioned in c of article L. 621-18-2, who have close personal ties with one of the persons mentioned in a or b of the same article, are : 1° Their spouse who is not legally separated or the partner with whom they are bound by a civil solidarity pact ; 2° The children over whom he/she exercises parental authority, or who live with him/her habitually or alternately, or…

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Article R621-44 of the French Monetary and Financial Code

November 5, 2023

The time limit for appealing against individual decisions taken by the AMF is ten days, except in the case of sanctions, when it is two months. The period runs from the date of notification of the decision to the persons concerned and from the date of publication to other interested parties. The time limit for appeals by third parties begins to run when these decisions are posted on the AMF…

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Article R621-45 of the French Monetary and Financial Code

November 5, 2023

I. – Appeals against individual decisions taken by the Autorité des marchés financiers relating to authorisations or sanctions concerning the persons and entities referred to in II of Article L. 621-9 shall be referred to the Conseil d’Etat, in accordance with the procedures laid down in the Code of Administrative Justice. In the case of sanctions, appeals are recourses of full jurisdiction. The Conseil d’Etat may, on the principal or…

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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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French Business Lawyers

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Linkedin

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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