All of French Company Law: ordinary law of companies and specific regime for different types of companies

Company Law (en cours)

The Financial Markets Authority collects the proceeds of the taxes established in Article L. 621-5-3 of the Monetary and Financial Code . A fixed fee and a contribution are instituted, owed by the persons subject to the AMF's control, when legislation or regulation provides for it, in the cases listed in Article L. 621-5-3.
The AMF may also receive contributions voluntarily paid by professional as …

Financial operation

The Financial Markets Authority collects the proceeds of the taxes established in Article L. 621-5-3 of the Monetary and Financial Code . A fixed fee and a contribution are instituted, owed by the persons subject to the AMF's control, when legislation or regulation provides for it, in the cases listed in Article L. 621-5-3.

The AMF may also receive contributions voluntarily paid by professional associations representing persons under its supervision, for the purpose of financing projects of common interest .

Pursuant to Article R. 621-13, the fiscal and accounting year of the AMF begins on 1 January and ends on 31 December. The board approves the budget each year before the start of the fiscal year. This budget includes the forecast of expected revenues and the expenses required for the performance of the missions entrusted to the AMF. It may be modified during the year. The credits entered in the budget are not limiting. Before the board deliberates on the budget, the chairman seeks the opinion of the chairman of the sanctions commission on the resources allocated to its operation.

The deliberations of the board regarding the budget and its modifications are enforceable as of right at the end of the period available to the Director General of the Treasury to request a second deliberation.

The AMF is equipped with an accounting officer appointed by order of the Minister of Budget, responsible for maintaining accounts, collecting the fees and contributions mentioned in Article L. 621-5-3, and all other AMF revenues, paying expenses, and handling funds and movements of availability accounts . With the president's agreement, the accounting officer may entrust the analytical accounting and material accounting to the AMF's services under his control, and may appoint agents who are approved by the president .

In accordance with Article R. 621-15, the accounts of the AMF are prepared according to the rules of the general chart of accounts. This may be subject to adaptations proposed by the chairman after consultation with the board and approved by the Minister of Budget. The rates of amortization and depreciation as well as the methods for maintaining inventories are set by the accounting and financial regulation. The accounting officer prepares a financial statement at the end of each fiscal year. This includes the income statement, the balance sheet, the appendix, the general account balance at the close of the fiscal year, the reconciliation table of forecasts and actual achievements, and, if applicable, the balance of special accounts. The financial statement is prepared by the accounting officer and submitted by the chairman to the board, which hears the accounting officer. The financial statement is approved by the board. The accounting officer produces, according to the procedures set by order of the Minister of Budget, the financial statement and the annexed documents no later than the end of the fourth month following the close of the fiscal year. The annual report presents the financial statement and reproduces the income statement and the balance sheet.

The accounting officer is required to act diligently to ensure the recovery of all resources of the Financial Markets Authority . Revenues are collected by the accounting officer either spontaneously or in execution of the president's instructions. Except for fees and contributions whose recovery falls under the enforceable order procedure, the accounting officer sends the corresponding invoices to the debtors and receives their payments. All rights acquired during a fiscal year must be accounted for in that fiscal year .

The management control of the accountant of the Financial Markets Authority is ensured by the regional director of public finances of Ile-de-France .

Company Law (en cours)

160. Financial operation

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Les notions juridiques connexes

160. Financial operation

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise