Introduction

Matrix organization

Mergers by absorption

Risks related to the expansion of the scope of criminal liability of legal entities

Validity conditions

Proof of delegation

Exemption from individual liability of delegator

Attribution of offense to legal entity

Delegations of authority

Criminal risk management within business organizations

Complicity in crimes against humanity

Breaches of secrecy

Personal data breaches

Theft

Extortion

Blackmail

Fraud

Misappropriation

Receiving/concealment of unlawfully obtained property (recel)

Attacks on automated data processing systems

Money laundering

Misappropriation by public official (concussion)

Corruption and influence peddling

Unlawful acquisition of an interest

Favoritism

Forgery and use of forgeries

Violation of Criminal Code

Offenses under the Monetary and Financial Code

Offenses under the Commercial Code

Environmental Code violations

Offenses arising from other codes

Types of offenses

Offenses under the Criminal Code, the Commercial Code, or the Environmental Code, Criminal procedure

White Collar Crime (en cours)

Solicitation involves personalized contact with a specific person to offer goods or services at their home, with or without their request. This intrusive practice is, in other areas, either prohibited, such as in teaching (Art. L. 471-4 Education Code) or in offering services for future funerals (Art. L. 2223-33 General Code of Local Authorities), or strictly regulated, as in consumer law (Art. L. 121-21 et seq. Consumer Code), insurance (Art. L. 112-2-2 Insurance Code), or in banking and financial matters (Art. L. 341-1 to L.343-17 and L. 353-1 to L.353-5 Monetary and Financial Code).

Article L. 341-1 of the Monetary and Financial Code defines banking or financial solicitation as personalized contact with a specific person, natural or legal, with the aim of obtaining their agreement to carry out banking and financial operations. Initially, only solicitation for futures market operations was regulated . Various banking operations were subsequently subject to specific regulations, such as those relating to banking operations in 1966 , securities operations in 1972 , the provision of investment advice by a financial investment advisor in 2003 , and operations on digital assets in 2019 .

These different regimes coexisted within the Monetary and Financial Code until the law of 1 August 2003 , which, supplemented by two decrees and an order , established a single regime to regulate banking or financial solicitation, currently found in Articles L. 341-1 to L. 343-2 (general provisions), L. 353-1 to L. 353-5 (criminal provisions), and D. 341-1 to D. 341-15 (regulatory provisions). These provisions have since been revised many times, notably by Ordinance No 2014-559 of 30 May 2014 on crowdfunding, the PACTE Law of 22 May 2019 on the growth and transformation of companies, Ordinance No 2019-1067 of 21 October 2019 amending provisions relating to public offerings of securities, and finally, Ordinance No 2021-1735 of 22 December 2021 modernizing the framework for crowdfunding.

Law of 28 March 1885 on futures markets, OJ of 8 April 1885.

L. 66-1010 of 28 December 1966, relating to usury, money lending, and certain solicitation and advertising operations, JO of 29 December 1966.

L. 72-6 of 3 January 1972, JO of 5 January 1972, supplemented by D. 72-781 of 22 August 1972 relating to financial solicitation and investment and insurance operations.

L. 2003-706 of 1 August 2003 on financial security, JO of 2 August 2003.

L. 2019-586 of 22 May 2019 on the growth and transformation of undertakings, OJ of 23 May 2019.

Decree No 2004-1018 of 28 September 2004, relating to the file of persons authorized to engage in banking and financial solicitation and 2004-1019 of 28 September 2004 relating to banking or financial solicitation; Order of 28 September 2004, relating to the solicitation card provided for in Article L. 341-8 of the Monetary and Financial Code.

183. Context