Financial Markets Authority (AMF) litigation
Listed companies, regulated professionals and individuals are subject to ever-changing regulatory constraints and requirements in the banking, capital market and financial fields.
As an independent administrative authority, the French Financial Markets Authority (AMF) regulates financial markets to guarantee their proper functioning and ensure investors protection. To carry out its missions, the AMF has extensive investigation powers that include visits and document seizures equivalent to criminal searches and seizures. These procedures may lead, upon decision of the College, which is the AMF prosecuting authority, to refer the matter to the Enforcement Committee, which has the authority to sanction administrative offenses (insider trading, price or market manipulation, dissemination of false or misleading information, breach of regulatory obligations).
An AMF investigation or inspection represents a financial risk for companies or individuals involved, since a financial sanction may be imposed. It also triggers a reputational risk and a risk of having the practice of a regulated profession limited.
Your challenges
Assistance during inspections, investigations, administrative settlements, and sanction procedures before the AMF Enforcement Committee
Understanding and anticipating the regulatory requirements in banking, capital market and financial matters
In addition to their various legal obligations, credit institutions, asset management companies and investment firms must have a deep knowledge and understanding of the regulatory requirements that may apply to their business activities and anticipate their evolutions.
Training employees on regulatory risks
Raising employees’ awareness on regulatory risks and on the appropriate response in the event of an AMF inspection or investigation to manage the risks associated with such events.
Assistance during inspections and investigations
Seeking assistance assisted at the outset of AMF inquiries helps to understand the issues at stake during an investigation or an inspection, to control your participation and that of your employees in the procedure, to anticipate the next steps as well as to make good use of your rights throughout the procedure.
Obtaining and optimizing a settlement procedure (administrative settlement)
The opportunity to reach an administrative settlement can be discussed from the investigation or inspection phase. Once signed, a properly negotiated settlement approved by the Enforcement Committee limits the costs incurred and the potential reputational impact of a procedure.
Implementing an effective defense strategy in the event of litigation
Building a solid tailor-made defense strategy, based on a deep knowledge of the case and an overall understanding of the issues at stake.
Managing your communication (listed companies)
Some events, whether positive or negative, require a specific focus and a timely and appropriate communication.
Our way
Assistance and defense during investigations and inspections, negotiation of settlements and the administrative sanction procedure before the AMF
Expertise in capital markets, banking and financial criminal law
Thanks to a recognized expertise in capital markets, banking, and financial criminal law, as well as a detailed knowledge of regulatory requirements, we can effectively address our clients’ issues.
A strong experience in leading administrative procedure before the AMF
We assist and defend individuals and legal entities during investigations or inspections carried out by the AMF as well as before the AMF Enforcement Committee.
Active assistance throughout inspections and investigations
We ensure that our clients' rights are respected during inspections and investigations, and we help them to exercise their rights (preparation and assistance for interviews, right of reply, right to make observations, or appeal).
Assistance in negotiating administrative settlements
From the investigation or inspection phase, we strive, where appropriate, to entail the AMF to open a settlement procedure. We then use our negotiating skills at the service of our clients in order to obtain the most favorable agreement.
Ability to provide a strong defense before the Enforcement Committee
We assist our clients before the Enforcement Committee by preparing them for the hearing and ensuring effective and relevant defense.
