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 may also be the result, under the terms of Article L. 341-1, of the physical presence of the solicitor to the homes of individuals , their workplace, or places not intended for the marketing of financial products, instruments, and services, such as an insurance office , prestigious hotels , clubs, chateaux, and other locations where promotional events might take place  or at the headq …

Doorstep canvassing

Solicitation may also be the result, under the terms of Article L. 341-1, of the physical presence of the solicitor to the homes of individuals , their workplace, or places not intended for the marketing of financial products, instruments, and services, such as an insurance office , prestigious hotels , clubs, chateaux, and other locations where promotional events might take place  or at the headquarters of the management center of the chamber of commerce, trades, industry, and agriculture .

Unlike distance canvassing, the personal visit characterizes an act of solicitation in a all cases regardless of who initiated it . It is sufficient that the criterion relating to place where the act is carried out is met  and that place is not where the sale takes place but where the meeting of minds occurs .

Solicitation has a formal character as it suffices that the solicitor's objective is to secure an agreement. There is no requirement that the transaction be carried out, the service be provided, or the proposed service take effect. The mere physical presence of representatives of a financial institution in locations not intended for the marketing of financial products, instruments, or services already constitutes a potential source of pressure on the client . However, the protection offered by Article L. 341-1 of the Monetary and Financial Code, in its wording prior to Law No 2019-486 of 22 May 2019, can only be invoked by a legal entity if the solicitors have indeed contacted it on their own initiative, with the intention of obtaining its agreement to carry out the disputed investment .

Where a banking or financial transaction is concluded following a visit to the prospect's home, solicitation is constituted, even if the visits were initially intended to provide simple investment advice .

Cass. crim., 19 September 2007, LawLex202300002263JBJ; Cass. 1re civ., 6 January 2011, LawLex202300002285JBJ; AMF, decision of 10 December 2012, LawLex202200011143JBJ; CA Paris, 13 December 2021, LawLex202200011116JBJ.

Cass. crim., 19 September 2007, LawLex202200011456JBJ, which specifies that it is not a premises reserved for offers of service and advice on futures market transactions.

AMF, decision of 10 December 2012, LawLex202200011143JBJ. See, however, Cass. com., 30 November 2010, LawLex202300002286JBJ, for contacts established by a financial advisor, in the absence of proof that they took place on the client's premises.

Cass. crim., 2 June 2010, LawLex202200009916JBJ.

CA Paris, 13 December 2021, LawLex202200011116JBJ.

Cass. crim., 15 May 2008, LawLex202300002262JBJ.

Cass. crim., 14 February 1991, LawLex200300002835JBJ; CA Paris, 13 December 2021, LawLex202200011116JBJ.

AMF decision, 10 December 2012, LawLex202200011143JBJ.

Cass. crim., 14 February 1991, LawLex200300002835JBJ: in this case, the Court dismissed the defendants' arguments claiming the absence of solicitation on the grounds that the sale was concluded on their premises, with only the order form being signed at the plaintiffs' home.

Cass. com., 21 May 2025, LawLex202500004147JBJ.

White Collar Crime (en cours)

187. Doorstep canvassing

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

187. Doorstep canvassing

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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