Decision No. 2025-C-11 of March 17, 2025 Establishing the Advisory Commission on Commercial Practices

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

DECISION OF THE SUPERVISORY COLLEGE

Decision No. 2025-C-11 March 17, 2025
Establishment of an Advisory Commission
THE COLLEGE IN PLENARY SESSION
Having regard to the Monetary and Financial Code, particularly Article L. 612-14-I; Having regard to the deliberations of the College of March 17, 2025, DECIDES

Article 1
An advisory commission, the Advisory Commission on Commercial Practices, is hereby established, charged with:

• issuing an opinion, prior to their adoption, on draft recommendations from the Authority regarding commercial practices;
• deepening certain commercial practice topics identified by the Authority;
• collecting information and suggestions from its members on subjects related to the mission of protecting client bases.

The Prudential Control and Resolution Authority (ACPR) informs the Commission of draft documents and information that must be submitted to it periodically in the field of commercial practices.

The ACPR also informs the Commission of the annual report of its activity in this field, including regarding the report on the activity of the joint ACPR - Autorité des Marchés Financiers (AMF) unit. It may also communicate to it the results of general studies conducted by its General Secretariat in the field of client protection.

The ACPR also communicates to the Commission information on its actions concerning international debates and public consultations on questions or draft texts having an impact in the field of commercial practices, particularly at the European Union level.

The Commission is seized by the President of the Prudential Control and Resolution Authority.

Article 2:
I - The presidency of the Advisory Commission is exercised by a member of the Supervisory College designated by it, upon proposal from the President of the Authority. One or two Vice-Presidents are also designated by the Supervisory College according to the same procedures. The names of the members of the College thus designated appear in Annex 1.

II - The following are also members of the Commission:
– 1°: five members chosen due to expertise acquired through participation in client associations (individuals or professionals) or savings associations; – 2°: four members chosen due to expertise acquired within a credit institution, an insurance undertaking, or within a representative professional association; – 3°: two members chosen due to expertise acquired within an insurance intermediary, a payment institution intermediary, or within a representative professional association; – 4°: one member chosen due to their experience representing the staff of persons subject to the Authority's supervision; – 5°: one member chosen due to academic work on banking or insurance subjects; – 6°: one member chosen due to expertise acquired in monitoring client protection issues in banking and insurance through the media.

The members whose list appears in Annex 2 to this decision are appointed for a term of two years.

Article 3: The President sets, for each meeting of the Commission, its agenda and the list of members to be summoned and other persons to be summoned, after seeking the opinion of the Vice-President(s).

A representative of the Autorité des Marchés Financiers and a representative of the National Institute of Consumption are invited to the Commission's work.

The President may invite other authorities or bodies competent in the field of client protection and commercial practices to the Commission's work. He may also associate qualified personalities, notably mediators from the banking and insurance sectors, representatives of charitable associations active in these fields, and representatives of professionals when specific subjects (health, retirement, ...) are addressed.

The Director General of the Treasury or his representative is invited to the Commission's meetings.

The President of the Sanctions Commission may designate a member who attends the Commission's work.

The General Secretariat of the Prudential Control and Resolution Authority ensures the secretariat of the Commission. The secretariat prepares a summary report of the debates at the end of each meeting, which is communicated to the members for approval at the next meeting.

Article 4: The President establishes the consultation calendar, which is presented at the first meeting for each consultation. The calendar takes into account both the Authority's constraints and the time necessary for the Commission members, if applicable, to familiarize themselves with the subject of the consultation and provide a relevant opinion, taking into account the impact of the project on persons subject to the Authority's supervision.

Article 5: At the end of the consultation, the Commission adopts an opinion which is communicated to the Supervisory College. Only members of the Commission have deliberative votes. The opinion is signed by the President of the Commission. Only the Supervisory College is the recipient of the opinion.

Article 6: This decision repeals and replaces Decision No. 2010-C-42 of September 29, 2010 of the Supervisory College of the Prudential Control and Resolution Authority regarding the establishment of an advisory commission, as amended.

Article 7: This decision will be published in the Official Register of the Prudential Control and Resolution Authority.

The President,
François VILLEROY de GALHAU

Annex 1
President and Vice-Presidents of the Advisory Commission on Commercial Practices Mr. David NOGUÉRO, member of the Supervisory College of the Prudential Control and Resolution Authority, President Mr. Frédéric HÉRAULT, member of the Supervisory College of the Prudential Control and Resolution Authority, Vice-President Ms. Marie-Laure BELAVAL, member of the Supervisory College of the Prudential Control and Resolution Authority, Vice-President

Annex 2
Names of persons designated by the Supervisory College under Article 2

• Individuals designated due to expertise acquired through participation in client associations (individuals or professionals) or savings associations:

• Ms. Martine VAREILLES, Vice-President of Ancre - European Federation of Investors and Users of Financial Services (Better Finance);

• Mr. Antoine AUTIER, head of the studies and public affairs department at UFC-Que Choisir;

• Ms. Marie-Pascale ERRIEAU, Coordinator of the Economy, Consumption, Employment Unit - National Union of Family Associations (UNAF);

• Ms. Pauline DUJARDIN, legal expert at the Crésus Associations Federation;

• Mr. Hervé MONDANGE, legal expert at the Force Ouvrière Consumers Association (AFOC);

• Individuals designated due to expertise acquired within a credit institution, an insurance undertaking, or within a representative professional association:

• Mr. Pierre BOCQUET, director of the retail banking and remote banking department at the French Banking Federation (FBF);

• Ms. Marianne BYE, head of the Legal Analysis and Relations with Health and Social Protection Actors Unit (FNMF);

• Mr. Stéphane PENET, Deputy General Manager of France Assureurs (FA);

• Ms. Karine RUMAYOR, head of the legal and prudential service at the French Association of Financial Companies (ASF);

• Individuals designated due to expertise acquired within an insurance intermediary, a payment institution intermediary, or within a representative professional association:

• Ms. Karen FIOL, Vice-President - National Chamber of Wealth Management Advisors (CNCGP);

• Mr. Grégoire DUPONT, General Manager - National Federation of General Insurance Agent Syndicates (AGEA);

• Individual designated due to experience representing the staff of persons subject to the Authority's supervision:

• Mr. Aurélien SOUSTRE, member of the National Bureau of the CGT Federation of Bank and Insurance Personnel Syndicates (FSPBA CGT);

• Individual designated due to academic work on banking or insurance subjects:

• Mr. Jérôme LASSERRE CAPDEVILLE. Banking law specialist, he is one of the commentators of the Dalloz Monetary and Financial Code and the author of numerous publications on various aspects of banking regulation.

• Individual designated due to expertise acquired in monitoring client protection issues in banking and insurance through the media:

• Mr. Jean-François FILLIATRE is a journalist at H24Finance and editorial director of the Banque Review.