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)

Under Article L. 341-1 of the Monetary and Financial Code, solicitation consists of seeking to obtain from the solicited person their agreement to carry out operations or provide banking and financial services, which it enumerates in a limited manner. The text thus refers to:
- transactions involving financial instruments listed in Article L. 211-1,
- banking operations or an ancillary operation d …

Transactions and activities covered

Under Article L. 341-1 of the Monetary and Financial Code, solicitation consists of seeking to obtain from the solicited person their agreement to carry out operations or provide banking and financial services, which it enumerates in a limited manner. The text thus refers to:

- transactions involving financial instruments listed in Article L. 211-1,

- banking operations or an ancillary operation defined in Articles L. 311-1 and L. 311-2,

- transactions involving miscellaneous goods mentioned in Article L. 551-1 ,

- operations on a digital asset , as well as on the provision of an investment service or an ancillary service , a payment service , an investment advisory service , a crowdfunding service or a service on digital assets .

The courts thus applied the rules governing banking or financial solicitation to the offer of loan possibilities , or fund investments  or a prior credit offer , to capital investment operations on futures markets , to subscription offers for capital increases leading to a reduction in solidarity wealth tax , to the subscription of funds , a mortgage loan or a management mandate , shares, stocks or securities , or even to the acquisition of movable property with the option of redemption and revaluation of the invested capital .

If the regime of solicitation in banking and financial matters was unified by the legislator in 2003 , this activity is nevertheless exercised, according to the last paragraph of Article L. 341-1, “without prejudice to the application of specific provisions relating to the provision of investment services, the execution of banking operations, and the execution of operations on miscellaneous assets, as well as solicitation for the drafting of legal acts.” Thus, solicitation for an operation on miscellaneous assets is also subject to Articles L. 550-1 and following and L. 573-8 of the Monetary and Financial Code .

Article L. 341-2 of the Monetary and Financial Code expressly excludes certain activities from the scope of the rules governing banking or financial solicitation . Thus, approaches made on behalf of a credit institution to propose a credit agreement or those related to a lease-purchase or lease with an option to purchase  (even when these contracts are intended for professional activity needs)  are not concerned, when the solicited person is a qualified investor mentioned in Article L. 411-2, or a legal entity whose activity exceeds one of the four thresholds of Article D. 341-1, when it is already a client, when the proposed operation corresponds to operations usually carried out by it , or when the solicitation takes place in the professional premises of persons authorized to engage in solicitation under Article L. 341-3 , in the professional premises of a legal entity at its request, or at the point of sale on behalf of a credit institution for consumer credit operations. Similarly, the dissemination of advertising information does not fall within the scope of the rules on banking and financial solicitation since the law of 26 July 2013 on the separation and regulation of banking activities  as it constitutes an impersonal contact aimed at informing about advertising goods or services and does not seek to solicit or obtain the clients' agreement (L. 341-2, 11° Monetary and Financial Code).

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

Referred to in Article L. 54-10, particularly in the context of a public offering of tokens.

AMF decision, 6 August 2012, LawLex202200011177JBJ.

Cass. crim., 8 July 2015, LawLex202300002264JBJ.

CA Paris, 13 December 2021, LawLex202200011116JBJ

Cass. crim., 15 May 2008, LawLex202300002262JBJ.

Cass. crim., 25 October 2006, LawLex202300002287JBJ, JCP 2006, IV 3255; D. 2006. 2986.

Law No 2003-706 of 1 August 2003 on financial security, OJ of 2 August 2003.

Cass. crim., 25 October 2006, LawLex202300002287JBJ.

Cass. crim., 15 November 2023, LawLex202400004966JBJ.

CA Lyon, 21 December 2023, LawLex202400005674JBJ, CA Lyon, 8 February 2024, LawLex202400005695JBJ, considering that these contracts are subject to the provisions of the Consumer Code.

CA Paris, 1 December 2023, LawLex202400005675JBJ.

Defined in Articles L.321-1 and L.321-2 of the Monetary and Financial Code.

Except for the premises made available by a company operating large retail stores.

Law No 2013-672 of 26 July 2013 on the separation and regulation of banking activities, OJ of 27 July 2013.

Added by Ordinance No 2009-866 of 15 July 2009 on the conditions governing the provision of payment services and establishing payment institutions.

Within the meaning of Article L. 54-10-2, added by Law No 2019-486 of 22 May 2019 on the growth and transformation of companies known as the “PACTE” Law.

Cass. crim., 5 November 2003, LawLex202200011455JBJ.

Cass. crim., 2 June 2010, LawLex202200009916JBJ.

Cass. 1re civ., 6 January 2011, LawLex202300002285JBJ.

Cass. crim., 11 May 2000, LawLex202300006361JBJ; 19 September 2007, LawLex202200011456JBJ; 31 May 2012, LawLex201200002289JBJ.

White Collar Crime (en cours)

184. Transactions and activities covered

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

184. Transactions and activities covered

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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