French Monetary and Financial Code
In forceThe Autorité de contrôle prudentiel et de résolution shall determine the list, model, frequency and deadlines for the transmission of documents and information that must be submitted to it periodically.
The Secretary General of the Autorité de contrôle prudentiel et de résolution may also ask persons subject to its supervision for any information, documents, regardless of the medium, and obtain copies thereof, as well as any clarifications or justifications necessary for the performance of its duties. It may ask these persons to provide the statutory auditors' reports and, in general, all accounting documents, which it may, if necessary, request to be certified.
The Secretary General of the Autorité de contrôle prudentiel et de résolution may ask subsidiaries of credit institutions, investment firms, finance companies, financial holding companies, mixed financial holding companies, mixed holding companies, parent companies of finance companies and mixed parent companies of finance companies, investment holding companies and EU parent investment holding companies, as well as third parties to which these persons have outsourced operational functions or activities, all information and documents, regardless of the medium, and to obtain copies thereof, as well as any clarifications or justifications necessary for the performance of its duties.
The Secretary General of the Autorité de contrôle prudentiel et de résolution may also, for the supervision of a credit institution, finance company or investment firm which is not included in the scope of consolidation, request the parent undertaking of that credit institution, finance company or investment firm to provide it with any necessary information under the conditions set out in the previous paragraph.
For the application of the preceding paragraphs, documents, information and supplementary information may not be requested in any of the following situations:
1° The request is neither appropriate nor proportionate ;
2° Information has already been received by the Authority in another format or at another level of detail and this difference in format or level of detail does not prevent the Authority from producing information of the same quality and reliability as that which would be produced on the basis of the additional information.
The Autorité de contrôle prudentiel et de résolution collects from the persons mentioned in B of I of Article L. 612-2, on behalf of the Institut national de la statistique et des études économiques and the statistical services of the Ministry responsible for social security, the data relating to supplementary social protection set by a decree issued under the conditions provided for by the Act of 7 June 1951 on the obligation, coordination and secrecy of statistics after consulting the Comité consultatif de la législation et de la réglementation financières.
The Secretary General of the Autorité de contrôle prudentiel et de résolution or his representative may summon and interview any person subject to his supervision or whose interview is necessary for the performance of his supervisory duties.
The Secretary General of the Autorité de contrôle prudentiel et de résolution or his representative may also, for the persons mentioned in Article L. 612-2, appear before the Board of Directors, the Supervisory Board or any body exercising equivalent functions, or summon and hear collectively the members of the Board of Directors, the Supervisory Board or any body exercising equivalent functions.
Subject to the exercise of the rights provided for adversarial proceedings or the requirements of court proceedings, the Secretary General of the AMF shall not be required to disclose to the persons subject to his supervision or to third parties any documents concerning them which he has produced or received, in particular where such disclosure would infringe business secrets or the professional secrecy to which the AMF is bound.
When the persons and entities mentioned in I to III of Article L. 612-2 provide their services on the Internet, the supervisors may, in order to access the information and elements available on these services, use an assumed identity without being criminally liable.
