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)

Article L. 341-10 of the Monetary and Financial Code provides a list of financial products and instruments that cannot be subject to solicitation:
- products for which the risk of loss at the time of subscription exceeds the amount of the initial financial contribution,
- products not authorized for marketing in the national territory pursuant to Article L 151-2 ,
- futures market mutual funds and …

Proposal of products prohibited from solicitation

Article L. 341-10 of the Monetary and Financial Code provides a list of financial products and instruments that cannot be subject to solicitation:

- products for which the risk of loss at the time of subscription exceeds the amount of the initial financial contribution,

- products not authorized for marketing in the national territory pursuant to Article L 151-2 ,

- futures market mutual funds and securitization vehicles,

- financial instruments that are not admitted to trading on regulated markets or on recognized foreign markets or on a multilateral trading facility,

Proposing prohibited products constitutes the offense of solicitation within the meaning of Article L. 353-2, 2°.

It is not only impossible to offer prohibited products but also to receive, pursuant to Article L. 341-15 of the Monetary and Financial Code, cash, digital assets, commercial paper, bearer securities or checks, or any payment by another means from solicited persons . Such is the case of the person who deposited into their own account the sum of 200,000 euros given by the prospect previously solicited .

See CE, 16 July 2014, LawLex202300006915JBJ, for obligations that were not admitted to trading on regulated markets; AMF, decision of 10 December 2012, LawLex202200011143JBJ, for obligations related to a real estate product.

Ordinance No 2016-520 of 28 April 2016 on bearer bonds.

Law No 2019-486 of 22 May 2019 on the growth and transformation of companies known as the “PACTE” Law OJ of 23 May 2019.

Except for token issuers who have obtained the visa and approved service providers.

Cass. crim., 15 May 2008, LawLex202300002262JBJ.

White Collar Crime (en cours)

194. Proposal of products prohibited from solicitation

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

194. Proposal of products prohibited from solicitation

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise