Article 721-5 à venir au 30 June 2026

I. - Pursuant to Article L. 621-7-4 of the Monetary and Financial Code, the Autorité des Marchés Financiers may require the suspension or dismissal of a natural person from the management body of a crypto-asset services provider within the meaning of Regulation (EU) 2023/1114 of 31 May 2023 on markets in crypto-assets.

The decision to suspend and, where applicable, dismiss with immediate effect referred to in Article L. 1332-3 of the Employment Code, adopted pursuant to Article L. 621-7-4, shall be notified to the person concerned and to the company that they manage by registered letter with acknowledgement of receipt, delivered by hand against receipt or by court enforcement officer’s instrument, and shall specify the reasons justifying this measure and its duration.

II. - When, on the basis of the information brought to its attention, the Autorité des Marchés Financiers considers that there are grounds to require that a person be dismissed in accordance with the provisions of Article L. 621-7-4, it shall inform this person by registered letter with acknowledgement of receipt, delivery by hand against receipt or by court enforcement officer’s instrument, of the reasons it considers likely to justify this measure and shall specify that they have a period of thirty working days in which to convey their observations in writing.

Prior to adopting a dismissal decision, the Autorité des Marchés Financiers shall take note of any observations submitted by the person concerned. It will adopt a final decision within one month.

III. - The dismissal decision shall be notified to the person concerned and to the service provider that they manage by registered letter with acknowledgement of receipt, delivered by hand against receipt or by court enforcement officer’s instrument.