Subsection 5: Penalties

Articles in this section · 21

R621-38R621-39R621-39-1R621-39-2R621-39-3R621-39-4R621-39-5R621-39-6R621-39-7R621-39-8R621-39-9R621-39-10R621-40R621-41R621-41-1R621-41-2R621-41-3R621-41-4R621-41-5R621-41-6R621-42

Article R621-39

French Monetary and Financial CodeIn force
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Updated 5 Nov 2023

I. - The chairman of the Enforcement Committee assigns the case either to the Enforcement Committee or to one of its sections. He appoints the rapporteur. The rapporteur will take all necessary steps. The rapporteur may call on the services of the Autorité des marchés financiers. The accused person and the member of the college mentioned in the third paragraph of I of Article L. 621-15 or his representative appointed pursuant to this provision may be heard by the rapporteur at their request or if the rapporteur deems it useful. The rapporteur may also hear any person he deems useful.

If the rapporteur considers that the objections should be supplemented or that the objections should be notified to one or more persons other than those implicated, he shall refer the matter to the Board. The Board will rule on the rapporteur's request in accordance with the conditions and procedures set out in Article R. 621-38 . The time limit provided for in the fourth paragraph of Article R. 621-38 applies in the event of a supplementary notification of grievances.

II. - The rapporteur records the results of these operations in writing in a report. This report is sent to the accused party by registered letter with acknowledgement of receipt, by hand-delivery against a receipt or by bailiff's deed or by any other means that ensures its date of receipt.

The report is also sent to the member of the Board mentioned in the third paragraph of I of Article L. 621-15 or to his representative appointed pursuant to this provision, who may submit written observations on the report. These written observations will be sent to the respondent.

III. - The accused party is summoned to appear before the Enforcement Committee or the Enforcement Division by registered letter with acknowledgement of receipt, by hand-delivery against a receipt or by bailiff's deed or by any other means that ensures its date of receipt, within a period that may not be less than 30 clear days. This letter specifies that the respondent has a period of 15 clear days in which to comment in writing on the report.

These comments are forwarded to 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.

Mariela Petrova

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A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

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Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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