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LEGIARTI000022051729_0
|
LEGIARTI000022051729
| 0 |
Article
|
CODE
|
VIGUEUR
|
Code de la santé publique
|
Code de la santé publique
|
Partie réglementaire - Deuxième partie : Santé de la famille, de la mère et de l'enfant - Livre II : Interruption volontaire de grossesse - Titre Ier : Dispositions générales - Chapitre II : Interruption pratiquée avant la fin de la douzième semaine de grossesse - Section 1 : Consultation précédant l'interruption volontaire de grossesse
|
R2212-3
|
2010-04-01
|
2999-01-01
| null |
L'agrément est accordé par le préfet du département, après consultation d'une commission dont la composition est fixée par arrêté du ministre chargé de la santé.
Cette commission comprend notamment des fonctionnaires des services relevant du ministre chargé de l'action sociale, un médecin de l'agence régionale de santé, des représentants des associations familiales et des personnes qualifiées en matière familiale et sociale.
L'agrément peut être donné à titre provisoire ou pour une durée limitée.
Il est retiré selon la même procédure, après que l'organisme a été invité à présenter ses observations, lorsque cet organisme méconnaît les prescriptions du deuxième alinéa de l'article L. 2212-4, ou cesse de satisfaire aux conditions posées à l'article R. 2212-2.
|
Code de la santé publique - Article R2212-3
Partie réglementaire - Santé de la famille, de la mère et de l'enfant - Interruption volontaire de grossesse - Dispositions générales - Interruption pratiquée avant la fin de la douzième semaine de grossesse - Consultation précédant l'interruption volontaire de grossesse
L'agrément est accordé par le préfet du département, après consultation d'une commission dont la composition est fixée par arrêté du ministre chargé de la santé.
Cette commission comprend notamment des fonctionnaires des services relevant du ministre chargé de l'action sociale, un médecin de l'agence régionale de santé, des représentants des associations familiales et des personnes qualifiées en matière familiale et sociale.
L'agrément peut être donné à titre provisoire ou pour une durée limitée.
Il est retiré selon la même procédure, après que l'organisme a été invité à présenter ses observations, lorsque cet organisme méconnaît les prescriptions du deuxième alinéa de l'article L. 2212-4, ou cesse de satisfaire aux conditions posées à l'article R. 2212-2.
|
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LEGIARTI000051555440_0
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LEGIARTI000051555440
| 0 |
Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
|
Partie législative - Livre VII : Dispositions relatives à l'outre-mer - Titre VIII : CONDITIONS D'APPLICATION EN OUTRE-MER DES DISPOSITIONS DU LIVRE VI RELATIF AUX INSTITUTIONS EN MATIÈRE BANCAIRE ET FINANCIÈRE - Chapitre III : DISPOSITIONS PARTICULIÈRES À LA NOUVELLE-CALÉDONIE - Section 2 : Autorité des marchés financiers - Sous-section 1 : Missions, composition et règles de fonctionnement
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L783-7
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2025-05-03
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2999-01-01
| null |
I. - Sous réserve des adaptations mentionnées au II, sont applicables en Nouvelle-Calédonie les articles mentionnés dans la colonne de gauche du tableau ci-après, dans leur rédaction indiquée dans la colonne de droite du même tableau :
Articles applicables
Dans leur rédaction résultant de
L. 621-1 à l'exception de son deuxième alinéa
la loi n° 2019-486 du 22 mai 2019
L. 621-2
la loi n° 2021-1308 du 8 octobre 2021
L. 621-3
la loi n° 2019-486 du 22 mai 2019
L. 621-4
l'ordonnance n° 2017-1107 du 22 juin 2017
L. 621-5
la loi n° 2003-706 du 1er août 2003
L. 621-5-1 et L. 621-5-2
la loi n° 2017-55 du 20 janvier 2017
L. 621-5-3 à l'exception du 2° et des c), f) et g) du 4° de son II
la loi n° 2025-391 du 30 avril 2025 portant diverses dispositions d'adaptation au droit de l'Union européenne en matière économique, financière, environnementale, énergétique, de transport, de santé et de circulation des personnes
L. 621-5-4
la loi n° 2021-1900 du 30 décembre 2021
L. 621-5-5
la loi n° 2017-1837 du 30 décembre 2017
II. - Pour l'application des articles mentionnés dans le tableau ci-dessus :
1° Les références aux unités mentionnées à l'article L. 229-7 du code de l'environnement sont supprimées ;
2° A l'article L. 621-5-3, au i) du 4° du II, les références au règlement (UE) 2016/1011 du Parlement européen et du Conseil du 8 juin 2016 ne sont pas applicables.
|
Code monétaire et financier - Article L783-7
Partie législative - Dispositions relatives à l'outre-mer - CONDITIONS D'APPLICATION EN OUTRE-MER DES DISPOSITIONS DU LIVRE VI RELATIF AUX INSTITUTIONS EN MATIÈRE BANCAIRE ET FINANCIÈRE - DISPOSITIONS PARTICULIÈRES À LA NOUVELLE-CALÉDONIE - Autorité des marchés financiers - Missions, composition et règles de fonctionnement
I. - Sous réserve des adaptations mentionnées au II, sont applicables en Nouvelle-Calédonie les articles mentionnés dans la colonne de gauche du tableau ci-après, dans leur rédaction indiquée dans la colonne de droite du même tableau :
Articles applicables
Dans leur rédaction résultant de
L. 621-1 à l'exception de son deuxième alinéa
la loi n° 2019-486 du 22 mai 2019
L. 621-2
la loi n° 2021-1308 du 8 octobre 2021
L. 621-3
la loi n° 2019-486 du 22 mai 2019
L. 621-4
l'ordonnance n° 2017-1107 du 22 juin 2017
L. 621-5
la loi n° 2003-706 du 1er août 2003
L. 621-5-1 et L. 621-5-2
la loi n° 2017-55 du 20 janvier 2017
L. 621-5-3 à l'exception du 2° et des c), f) et g) du 4° de son II
la loi n° 2025-391 du 30 avril 2025 portant diverses dispositions d'adaptation au droit de l'Union européenne en matière économique, financière, environnementale, énergétique, de transport, de santé et de circulation des personnes
L. 621-5-4
la loi n° 2021-1900 du 30 décembre 2021
L. 621-5-5
la loi n° 2017-1837 du 30 décembre 2017
II. - Pour l'application des articles mentionnés dans le tableau ci-dessus :
1° Les références aux unités mentionnées à l'article L. 229-7 du code de l'environnement sont supprimées ;
2° A l'article L. 621-5-3, au i) du 4° du II, les références au règlement (UE) 2016/1011 du Parlement européen et du Conseil du 8 juin 2016 ne sont pas applicables.
|
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LEGIARTI000022006468_0
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LEGIARTI000022006468
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie réglementaire - Livre VI : Les institutions en matière bancaire et financière - Titre Ier : Les institutions communes aux établissements de crédit et aux entreprises d'investissement - Titre Ier : Les institutions communes aux établissements de crédit, aux établissements de paiement et aux entreprises d'investissement - Titre Ier : Les institutions compétentes en matière de réglementation et de contrôle - Chapitre V : Autres institutions - Section unique : Commissaires du Gouvernement et mission de contrôle des activités financières - Section 1 : Commissaires du Gouvernement et mission de contrôle des activités financières
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D615-8
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2010-03-20
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2999-01-01
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Ceux des commissaires du Gouvernement qui n'exercent pas d'autres fonctions à l'administration centrale du ministère chargé de l'économie sont réunis au sein de la mission de contrôle des activités financières rattachée à la direction générale du Trésor.
Cette mission est dirigée par l'un de ses membres nommé par arrêté du ministre chargé de l'économie.
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Code monétaire et financier - Article D615-8
Ceux des commissaires du Gouvernement qui n'exercent pas d'autres fonctions à l'administration centrale du ministère chargé de l'économie sont réunis au sein de la mission de contrôle des activités financières rattachée à la direction générale du Trésor.
Cette mission est dirigée par l'un de ses membres nommé par arrêté du ministre chargé de l'économie.
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LEGIARTI000024504198_0
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LEGIARTI000024504198
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie réglementaire - Septième partie : Dispositions particulières à certaines professions et activités - Livre Ier : Journalistes professionnels, professions du spectacle, de la publicité et de la mode - Livre Ier : Journalistes professionnels, professions du spectacle, de l'audiovisuel, de la publicité et de la mode - Titre II : Professions du spectacle, de la publicité et de la mode - Titre II : Professions du spectacle, de l'audiovisuel, de la publicité et de la mode - Chapitre III : Mannequins et agences de mannequins - Section 3 : Agences de mannequins - Sous-section 1 : Licence d'agence de mannequins - Sous-section 1 : Licence d'agence de mannequins et déclaration préalable - Paragraphe 2 : Retrait, renouvellement et refus de licence - Paragraphe 2 : Refus, suspension et retrait de licence d'agence de mannequins
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R7123-14
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2011-08-27
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2999-01-01
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I. ― La licence d'agence de mannequins est refusée ou retirée par le préfet mentionné à l'article R. * 7123-9 :
1° Lorsque l'auteur de la demande de licence ou les dirigeants de l'agence n'offrent pas ou n'offrent plus les garanties de moralité nécessaires. A tout moment, l'autorité administrative peut demander la délivrance du bulletin n° 2 du casier judiciaire ou de tout document d'effet équivalent ;
2° Lorsque les dispositions légales ou conventionnelles relatives aux conditions d'emploi des mannequins fixées par les articles L. 7123-5, L. 7123-7 à L. 7123-9, et à l'exercice de l'activité d'agence de mannequins fixées par les articles L. 7123-14, L. 7123-15, L. 7123-17, L. 7123-19 et L. 7123-22, ne sont pas ou ne sont plus respectées.
Elle est retirée lorsque les dispositions de l'article R. 7123-15 ne sont pas ou ne sont plus respectées.
II. ― En cas d'urgence, et lorsque l'agence de mannequins a commis une irrégularité particulièrement grave, le préfet mentionné à l'article R. * 7123-9 peut suspendre la licence pour une durée maximum d'un mois.
III. ― La décision portant retrait est motivée. Elle ne peut être prononcée sans que l'intéressé ait été préalablement informé, par lettre recommandée avec demande d'avis de réception, des motifs invoqués à l'appui de la mesure envisagée et invité à présenter ses observations dans un délai déterminé par le préfet.
IV. ― Les arrêtés portant refus, suspension ou retrait de licence sont notifiés aux intéressés. Les arrêtés portant retrait de licence sont publiés au Journal officiel de la République française.
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Code du travail - Article R7123-14
Partie réglementaire - Dispositions particulières à certaines professions et activités - Journalistes professionnels, professions du spectacle, de la publicité et de la mode - Journalistes professionnels, professions du spectacle, de l'audiovisuel, de la publicité et de la mode - Professions du spectacle, de la publicité et de la mode - Professions du spectacle, de l'audiovisuel, de la publicité et de la mode - Mannequins et agences de mannequins - Agences de mannequins - Licence d'agence de mannequins - Licence d'agence de mannequins et déclaration préalable - Retrait, renouvellement et refus de licence - Refus, suspension et retrait de licence d'agence de mannequins
I. ― La licence d'agence de mannequins est refusée ou retirée par le préfet mentionné à l'article R. * 7123-9 :
1° Lorsque l'auteur de la demande de licence ou les dirigeants de l'agence n'offrent pas ou n'offrent plus les garanties de moralité nécessaires. A tout moment, l'autorité administrative peut demander la délivrance du bulletin n° 2 du casier judiciaire ou de tout document d'effet équivalent ;
2° Lorsque les dispositions légales ou conventionnelles relatives aux conditions d'emploi des mannequins fixées par les articles L. 7123-5, L. 7123-7 à L. 7123-9, et à l'exercice de l'activité d'agence de mannequins fixées par les articles L. 7123-14, L. 7123-15, L. 7123-17, L. 7123-19 et L. 7123-22, ne sont pas ou ne sont plus respectées.
Elle est retirée lorsque les dispositions de l'article R. 7123-15 ne sont pas ou ne sont plus respectées.
II. ― En cas d'urgence, et lorsque l'agence de mannequins a commis une irrégularité particulièrement grave, le préfet mentionné à l'article R. * 7123-9 peut suspendre la licence pour une durée maximum d'un mois.
III. ― La décision portant retrait est motivée. Elle ne peut être prononcée sans que l'intéressé ait été préalablement informé, par lettre recommandée avec demande d'avis de réception, des motifs invoqués à l'appui de la mesure envisagée et invité à présenter ses observations dans un délai déterminé par le préfet.
IV. ― Les arrêtés portant refus, suspension ou retrait de licence sont notifiés aux intéressés. Les arrêtés portant retrait de licence sont publiés au Journal officiel de la République française.
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LEGIARTI000041824122_6
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LEGIARTI000041824122
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Article
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ARRETE
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Ministère de l'éducation nationale et de la jeunesse
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VIGUEUR
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Arrêté du 10 avril 2020
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Arrêté du 10 avril 2020 portant création de la spécialité « Technicien en prothèse dentaire » de baccalauréat professionnel et fixant ses modalités de délivrance
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Annexe
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2020-04-26
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2999-01-01
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Réaliser un autocontrôle
Tous les critères de conformité sont vérifiés.
Activité 3. I : Fabrication traditionnelle d'une prothèse amovible partielle en résine auto-polymérisable (PAPR)
Tâches
Résultats attendus
Ressources
Préparer le modèle
- Les limites périphériques de la base prothétique sont respectées.- Les lignes guides et les crochets sont tracés selon l'axe d'insertion.- La cire de dépouille est appliquée en fonction de l'axe d'insertion prothétique.- Les indices négatifs sont identifiés et déchargés.
- Fiches techniques du silicone et de la résine- Procédure de fabrication de la PAPR- Polymérisateur sous pression- Dispositif chauffant ou spatulechauffante- Enceinte aspirante amovible spécifique à l'utilisation du méthacrylate de méthyle- Godet pour mélange de résine- Pinceaux et spatules- Dents artificielles- Fil à crochet- Cire de dépouille et de montage- Vernis- Silicone- Matériau isolant- Résine auto-polymérisante- EPI : gants nitrile, lunettes de sécurité, masque FFP3
Réaliser une PAPR
- Les crochets ajustent sur les dents supports en respectant le tracé.- Le montage des dents artificielles répond aux critères fonctionnels et esthétiques de la denture du patient.
Polymériser sans mettre en moufle
- La clé d'enregistrement reproduit fidèlement la morphologie des zones enregistrées.- Les dents et les crochets sont fidèlement repositionnés dans la clé.- La résine coulée est conforme à la prescription du fabricant.
Réaliser un autocontrôle
Tous les critères de conformité sont vérifiés.
Activité 3. J : Montage traditionnel d'une prothèse amovible complète (PAC) maxillaire ou mandibulaire en cire
Tâches
Résultats attendus
Ressources
Préparer le modèle
- La cire de dépouille est appliquée en fonction de l'axe d'insertion prothétique.- Les indices négatifs sont identifiés et déchargés.
- Fiche technique de la résine- Procédure de fabrication d'une PAC- Gabarit d'occlusion avec indications cliniques- Paralléliseur et accessoires- Enceinte de photo-polymérisation ou polymérisateur sous-pression- Enceinte aspirante amovible spécifique à l'utilisation du méthacrylate de méthyle- Dispositif chauffant ou spatulechauffante- Résine en plaque photo-polymérisable- Cire de montage- Cire de dépouille- Cire calibrée- Résine auto-polymérisable- Godet pour mélange de résine- Dents artificielles- Fil de renfort- Matériau isolant- EPI : gants nitrile, lunettes de sécurité, masque FFP3
Réaliser la maquette de la PAC
- La base est calibrée et respecte le volume et les limites périphériques.- Le montage des dents artificielles respecte les critères fonctionnels et esthétiques adaptés au patient.- Les extrados prothétiques respectent les critères anatomo-fonctionnels du patient.
Faire valider la maquette de la PAC fabriquée
La maquette de la PAC est contrôlée par un supérieur hiérarchique.
Activité 3. K : Transformation de la maquette calcinable en pièce prothétique par méthode de fonderie
Tâches
Résultats attendus
Ressources
Assurer le traitement de l'état de surface de la maquette calcinable
La maquette est prête pour la mise en cylindre.
- Poste de travail spécifique- Modèle de travail avec la maquette calcinable- Fiches techniques des matériels- Fiches de données de sécurité- Fiches techniques des matériaux- Cône et cylindre de coulée- Balance- Doseur- Malaxeur sous vide- Vibreur- Sableuse- Four de chauffe- Dispositif chauffant ou spatule chauffante- Appareil de coulée- Four de pressée- Enceinte d'aspiration spécifique- Papier ignifugé- Tiges de coulée- Tiges de connexion- Alliage- Lingotin de céramique pressée- Revêtement- Réducteur de tension- EPI : gants nitrile, gants de protection thermique, lunettes de sécurité
Préparer le dispositif de coulée
Les maquettes et les éléments de coulée sont correctement positionnés selon les matériaux prescrits.
Mettre en revêtement
Le revêtement choisi est préparé et coulé en respectant les prescriptions du fabricant.
Transformer la maquette selon la technique de la « cire perdue »
La pièce prothétique est conforme à la maquette.
Activité 3. L : Usinage traditionnel et finition de la pièce prothétique
Tâches
Résultats attendus
Ressources
Usiner la pièce prothétique
- La pièce prothétique est conforme au maître-modèle.- La pièce prothétique respecte la fonction occlusale.
- Postes de travail spécifiques- Poste de polissage et accessoires avec aspiration- Pièce prothétique- Fiches techniques des matériaux et matériels utilisés- Sableuse- Générateur de vapeur- Bac à ultrasons- Micromoteur et instruments rotatifs- Compas d'épaisseur- Papier de réglage de l'occlusion- Pâte à polir- Ponce- EPI : gants nitrile, lunettes de sécurité, masque FFP3, protections auditives
Polir la pièce prothétique
L'état de surface de la pièce est compatible à son intégration dans un environnement buccal.
Réaliser un autocontrôle
Tous les critères de conformité sont vérifiés.
Faire valider la pièce prothétique
La pièce prothétique est contrôlée par un supérieur hiérarchique.
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Arrêté du 10 avril 2020 portant création de la spécialité « Technicien en prothèse dentaire » de baccalauréat professionnel et fixant ses modalités de délivrance
Annexe
Réaliser un autocontrôle
Tous les critères de conformité sont vérifiés.
Activité 3. I : Fabrication traditionnelle d'une prothèse amovible partielle en résine auto-polymérisable (PAPR)
Tâches
Résultats attendus
Ressources
Préparer le modèle
- Les limites périphériques de la base prothétique sont respectées.- Les lignes guides et les crochets sont tracés selon l'axe d'insertion.- La cire de dépouille est appliquée en fonction de l'axe d'insertion prothétique.- Les indices négatifs sont identifiés et déchargés.
- Fiches techniques du silicone et de la résine- Procédure de fabrication de la PAPR- Polymérisateur sous pression- Dispositif chauffant ou spatulechauffante- Enceinte aspirante amovible spécifique à l'utilisation du méthacrylate de méthyle- Godet pour mélange de résine- Pinceaux et spatules- Dents artificielles- Fil à crochet- Cire de dépouille et de montage- Vernis- Silicone- Matériau isolant- Résine auto-polymérisante- EPI : gants nitrile, lunettes de sécurité, masque FFP3
Réaliser une PAPR
- Les crochets ajustent sur les dents supports en respectant le tracé.- Le montage des dents artificielles répond aux critères fonctionnels et esthétiques de la denture du patient.
Polymériser sans mettre en moufle
- La clé d'enregistrement reproduit fidèlement la morphologie des zones enregistrées.- Les dents et les crochets sont fidèlement repositionnés dans la clé.- La résine coulée est conforme à la prescription du fabricant.
Réaliser un autocontrôle
Tous les critères de conformité sont vérifiés.
Activité 3. J : Montage traditionnel d'une prothèse amovible complète (PAC) maxillaire ou mandibulaire en cire
Tâches
Résultats attendus
Ressources
Préparer le modèle
- La cire de dépouille est appliquée en fonction de l'axe d'insertion prothétique.- Les indices négatifs sont identifiés et déchargés.
- Fiche technique de la résine- Procédure de fabrication d'une PAC- Gabarit d'occlusion avec indications cliniques- Paralléliseur et accessoires- Enceinte de photo-polymérisation ou polymérisateur sous-pression- Enceinte aspirante amovible spécifique à l'utilisation du méthacrylate de méthyle- Dispositif chauffant ou spatulechauffante- Résine en plaque photo-polymérisable- Cire de montage- Cire de dépouille- Cire calibrée- Résine auto-polymérisable- Godet pour mélange de résine- Dents artificielles- Fil de renfort- Matériau isolant- EPI : gants nitrile, lunettes de sécurité, masque FFP3
Réaliser la maquette de la PAC
- La base est calibrée et respecte le volume et les limites périphériques.- Le montage des dents artificielles respecte les critères fonctionnels et esthétiques adaptés au patient.- Les extrados prothétiques respectent les critères anatomo-fonctionnels du patient.
Faire valider la maquette de la PAC fabriquée
La maquette de la PAC est contrôlée par un supérieur hiérarchique.
Activité 3. K : Transformation de la maquette calcinable en pièce prothétique par méthode de fonderie
Tâches
Résultats attendus
Ressources
Assurer le traitement de l'état de surface de la maquette calcinable
La maquette est prête pour la mise en cylindre.
- Poste de travail spécifique- Modèle de travail avec la maquette calcinable- Fiches techniques des matériels- Fiches de données de sécurité- Fiches techniques des matériaux- Cône et cylindre de coulée- Balance- Doseur- Malaxeur sous vide- Vibreur- Sableuse- Four de chauffe- Dispositif chauffant ou spatule chauffante- Appareil de coulée- Four de pressée- Enceinte d'aspiration spécifique- Papier ignifugé- Tiges de coulée- Tiges de connexion- Alliage- Lingotin de céramique pressée- Revêtement- Réducteur de tension- EPI : gants nitrile, gants de protection thermique, lunettes de sécurité
Préparer le dispositif de coulée
Les maquettes et les éléments de coulée sont correctement positionnés selon les matériaux prescrits.
Mettre en revêtement
Le revêtement choisi est préparé et coulé en respectant les prescriptions du fabricant.
Transformer la maquette selon la technique de la « cire perdue »
La pièce prothétique est conforme à la maquette.
Activité 3. L : Usinage traditionnel et finition de la pièce prothétique
Tâches
Résultats attendus
Ressources
Usiner la pièce prothétique
- La pièce prothétique est conforme au maître-modèle.- La pièce prothétique respecte la fonction occlusale.
- Postes de travail spécifiques- Poste de polissage et accessoires avec aspiration- Pièce prothétique- Fiches techniques des matériaux et matériels utilisés- Sableuse- Générateur de vapeur- Bac à ultrasons- Micromoteur et instruments rotatifs- Compas d'épaisseur- Papier de réglage de l'occlusion- Pâte à polir- Ponce- EPI : gants nitrile, lunettes de sécurité, masque FFP3, protections auditives
Polir la pièce prothétique
L'état de surface de la pièce est compatible à son intégration dans un environnement buccal.
Réaliser un autocontrôle
Tous les critères de conformité sont vérifiés.
Faire valider la pièce prothétique
La pièce prothétique est contrôlée par un supérieur hiérarchique.
|
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LEGIARTI000043796613_0
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LEGIARTI000043796613
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Article
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ARRETE
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MINISTERE DE L'AGRICULTURE ET DE LA PECHE
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VIGUEUR
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Arrêté du 6 septembre 1994
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Arrêté du 6 septembre 1994 relatif à la reconnaissance du conseil interprofessionnel des vins du Languedoc
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1-1
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2021-07-17
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2999-01-01
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Le conseil interprofessionnel des vins AOC du Languedoc et IGP Sud de France (CIVL) exerce sa compétence sur les aires de production des vins à appellation d'origine : “ Cabardès ”, “ Clairette du Languedoc ”, “ Corbières ”, “ Corbières-Boutenac ”, “ Faugères ”, “ Fitou ”, “ Languedoc ”, “ Limoux ”, “ Crémant de Limoux ”, “ La Clape ”, “ Malepère ”, “ Minervois-La Livinière ”, “ Muscat de Mireval ”, “ Muscat de Lunel ”, “ Pic Saint-Loup ”, “ Picpoul de Pinet ”, “ Saint-Chinian ”, “ Terrasses du Larzac ” et des vins à indication géographique protégée : “ Aude ”, “ Cévennes ”, “ Cité de Carcassonne ”, “ Coteaux de Béziers ”, “ Coteaux d'Ensérune ”, “ Coteaux de Narbonne ”, “ Coteaux du Pont du Gard ”, “ Côtes de Thau ”, “ Côtes de Thongue ”, “ Gard ”, “ Haute Vallée de l'Aude ”, “ Haute Vallée de l'Orb ”, “ Pays Cathare ”, “ Pays d'Hérault ”, “ Saint-Guilhem-le-Désert ”, “ Vallée du Paradis ”, “ Vallée du Torgan ” et “ Vicomté d'Aumelas ”.
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Arrêté du 6 septembre 1994 relatif à la reconnaissance du conseil interprofessionnel des vins du Languedoc - Article 1-1
Le conseil interprofessionnel des vins AOC du Languedoc et IGP Sud de France (CIVL) exerce sa compétence sur les aires de production des vins à appellation d'origine : “ Cabardès ”, “ Clairette du Languedoc ”, “ Corbières ”, “ Corbières-Boutenac ”, “ Faugères ”, “ Fitou ”, “ Languedoc ”, “ Limoux ”, “ Crémant de Limoux ”, “ La Clape ”, “ Malepère ”, “ Minervois-La Livinière ”, “ Muscat de Mireval ”, “ Muscat de Lunel ”, “ Pic Saint-Loup ”, “ Picpoul de Pinet ”, “ Saint-Chinian ”, “ Terrasses du Larzac ” et des vins à indication géographique protégée : “ Aude ”, “ Cévennes ”, “ Cité de Carcassonne ”, “ Coteaux de Béziers ”, “ Coteaux d'Ensérune ”, “ Coteaux de Narbonne ”, “ Coteaux du Pont du Gard ”, “ Côtes de Thau ”, “ Côtes de Thongue ”, “ Gard ”, “ Haute Vallée de l'Aude ”, “ Haute Vallée de l'Orb ”, “ Pays Cathare ”, “ Pays d'Hérault ”, “ Saint-Guilhem-le-Désert ”, “ Vallée du Paradis ”, “ Vallée du Torgan ” et “ Vicomté d'Aumelas ”.
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LEGIARTI000022050016_0
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LEGIARTI000022050016
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Article
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CODE
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VIGUEUR
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Code de la santé publique
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Code de la santé publique
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Partie réglementaire - Troisième partie : Lutte contre les maladies et dépendances - Livre Ier : Lutte contre les maladies transmissibles - Titre Ier : Lutte contre les épidémies et certaines maladies transmissibles - Chapitre II : Lutte contre la tuberculose et la lèpre - Section 3 : Etablissements et organismes habilités pour la lutte contre la lèpre
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D3112-13
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2010-04-01
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2999-01-01
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La demande d'habilitation est adressée au directeur général de l'agence régionale de santé de la région où sera situé le centre de lutte contre la lèpre, accompagnée d'un dossier dont le contenu est défini par arrêté du ministre chargé de la santé.
Cette demande précise les modalités de fonctionnement du centre de lutte contre la lèpre, en particulier celles qui permettent d'assurer la gratuité du suivi médical et de la délivrance des médicaments, et garantissent :
1° Le maintien ou la constitution d'une équipe de professionnels dont la composition et l'effectif sont adaptés aux besoins locaux et à l'activité du centre ;
2° La disponibilité de locaux, d'équipement et de matériel adaptés à l'activité du centre ;
3° Un entretien individuel d'information et de conseil ;
4° La réalisation des consultations médicales par un médecin ayant une expérience dans le domaine de la lutte contre la lèpre ;
5° La réalisation d'enquêtes dans l'entourage des cas ;
6° La délivrance des médicaments nécessaires au traitement de la maladie ;
7° La disponibilité du matériel et des médicaments nécessaires au traitement des éventuelles réactions indésirables graves ;
8° La conclusion d'une convention avec au moins un établissement de santé susceptible de prendre en charge les personnes atteintes de la lèpre ;
9° La déclaration au centre régional de pharmacovigilance, dans les conditions prévues par la section 13 du chapitre Ier du titre II du livre Ier de la cinquième partie du présent code, des effets indésirables susceptibles d'être dus au traitement.
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Code de la santé publique - Article D3112-13
Partie réglementaire - Lutte contre les maladies et dépendances - Lutte contre les maladies transmissibles - Lutte contre les épidémies et certaines maladies transmissibles - Lutte contre la tuberculose et la lèpre - Etablissements et organismes habilités pour la lutte contre la lèpre
La demande d'habilitation est adressée au directeur général de l'agence régionale de santé de la région où sera situé le centre de lutte contre la lèpre, accompagnée d'un dossier dont le contenu est défini par arrêté du ministre chargé de la santé.
Cette demande précise les modalités de fonctionnement du centre de lutte contre la lèpre, en particulier celles qui permettent d'assurer la gratuité du suivi médical et de la délivrance des médicaments, et garantissent :
1° Le maintien ou la constitution d'une équipe de professionnels dont la composition et l'effectif sont adaptés aux besoins locaux et à l'activité du centre ;
2° La disponibilité de locaux, d'équipement et de matériel adaptés à l'activité du centre ;
3° Un entretien individuel d'information et de conseil ;
4° La réalisation des consultations médicales par un médecin ayant une expérience dans le domaine de la lutte contre la lèpre ;
5° La réalisation d'enquêtes dans l'entourage des cas ;
6° La délivrance des médicaments nécessaires au traitement de la maladie ;
7° La disponibilité du matériel et des médicaments nécessaires au traitement des éventuelles réactions indésirables graves ;
8° La conclusion d'une convention avec au moins un établissement de santé susceptible de prendre en charge les personnes atteintes de la lèpre ;
9° La déclaration au centre régional de pharmacovigilance, dans les conditions prévues par la section 13 du chapitre Ier du titre II du livre Ier de la cinquième partie du présent code, des effets indésirables susceptibles d'être dus au traitement.
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LEGIARTI000006550732_0
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LEGIARTI000006550732
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Article
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DECRET
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MINISTERE DE LA CULTURE ET DE LA COMMUNICATION
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VIGUEUR
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Décret n°2002-1519 du 23 décembre 2002
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Décret n° 2002-1519 du 23 décembre 2002 transformant l'Ecole nationale supérieure d'art de Dijon en établissement public national et portant statut de cet établissement
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Titre II : Organisation administrative.
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8
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2003-01-01
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2999-01-01
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Le conseil d'administration règle par ses délibérations les affaires de l'établissement ; il délibère notamment sur :
1° Le contrat d'objectifs prévu à l'article 3 ;
2° Le programme et le rapport d'activité de l'établissement ;
3° L'organisation de la scolarité et des études sur proposition du directeur, et après avis de la commission de la recherche, de la pédagogie et de la vie étudiante présenté par le directeur de l'école ;
4° Le règlement intérieur ;
5° Le budget et ses modifications pour l'ensemble des activités de l'établissement ;
6° Le compte financier et l'affectation du résultat d'activité ;
7° Les conditions de rémunération des agents recrutés par l'établissement ;
8° Les projets d'achat ou de prise à bail d'immeubles et, pour les biens dont l'établissement public est propriétaire, les projets de ventes et de baux d'immeubles ;
9° L'acceptation des dons et legs ;
10° L'exercice des actions en justice et des transactions ;
11° Les prises, extensions et cessions de participations ;
12° Les conditions générales de passation des marchés.
Il détermine les catégories de contrats, conventions et transactions qui, en raison de leur nature ou du montant financier engagé, doivent lui être soumises pour approbation et celles dont il délègue la responsabilité au directeur.
Il est informé sur l'organisation des différents services de l'école.
Il peut créer, après avis du directeur, toute commission dont il définit la mission. Il délibère sur le rapport de ces commissions.
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Décret n° 2002-1519 du 23 décembre 2002 transformant l'Ecole nationale supérieure d'art de Dijon en établissement public national et portant statut de cet établissement - Article 8
Organisation administrative.
Le conseil d'administration règle par ses délibérations les affaires de l'établissement ; il délibère notamment sur :
1° Le contrat d'objectifs prévu à l'article 3 ;
2° Le programme et le rapport d'activité de l'établissement ;
3° L'organisation de la scolarité et des études sur proposition du directeur, et après avis de la commission de la recherche, de la pédagogie et de la vie étudiante présenté par le directeur de l'école ;
4° Le règlement intérieur ;
5° Le budget et ses modifications pour l'ensemble des activités de l'établissement ;
6° Le compte financier et l'affectation du résultat d'activité ;
7° Les conditions de rémunération des agents recrutés par l'établissement ;
8° Les projets d'achat ou de prise à bail d'immeubles et, pour les biens dont l'établissement public est propriétaire, les projets de ventes et de baux d'immeubles ;
9° L'acceptation des dons et legs ;
10° L'exercice des actions en justice et des transactions ;
11° Les prises, extensions et cessions de participations ;
12° Les conditions générales de passation des marchés.
Il détermine les catégories de contrats, conventions et transactions qui, en raison de leur nature ou du montant financier engagé, doivent lui être soumises pour approbation et celles dont il délègue la responsabilité au directeur.
Il est informé sur l'organisation des différents services de l'école.
Il peut créer, après avis du directeur, toute commission dont il définit la mission. Il délibère sur le rapport de ces commissions.
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LEGIARTI000051558872_0
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LEGIARTI000051558872
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VII : Dispositions relatives à l'outre-mer - Titre V : CONDITIONS D'APPLICATION EN OUTRE-MER DES DISPOSITIONS DU LIVRE III RELATIF AUX SERVICES - Chapitre III : DISPOSITIONS PARTICULIÈRES À LA POLYNÉSIE FRANÇAISE - Section 5 : Systèmes de paiement, systèmes de règlement et de livraison des instruments financiers
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L753-15
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2025-05-03
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2999-01-01
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I.-Sont applicables en Polynésie française, sous réserve des dispositions prévues au II et au III, les dispositions des articles mentionnés dans la colonne de gauche du tableau ci-après, dans leur rédaction indiquée dans la colonne de droite du même tableau :
Articles applicables
Dans leur rédaction résultant de
L. 330-1, à l'exception du 1° du I
la loi n° 2025-391 du 30 avril 2025
L. 330-2
la loi n° 2021-1308 du 8 octobre 2021
L. 330-3
l'ordonnance n° 2009-866 du 15 juillet 2009
L. 330-4 à L. 330-6
la loi n° 2025-391 du 30 avril 2025
II.-Pour l'application du I :
1° Les références aux procédures de sauvegarde, de redressement ou de liquidation judiciaire sont remplacées par les références aux dispositions applicables localement ayant le même effet ;
2° Les références aux règlements UE n° 648/2012 du Parlement européen et du Conseil du 4 juillet 2012, n° 909/2014 du Parlement européen et du Conseil du 23 juillet 2014 concernant l'amélioration du règlement de titres dans l'Union européenne et les dépositaires centraux de titres, et modifiant les directives 98/26/ CE et 2014/65/ UE ainsi que le règlement (UE) n° 236/2012 et 2022/2554 du Parlement européen et du Conseil du 14 décembre 2022 sur la résilience opérationnelle numérique du secteur financier et modifiant les règlements (CE) n° 1060/2009, (UE) n° 648/2012, (UE) n° 600/2014, (UE) n° 909/2014 et (UE) 2016/1011 sont remplacées par les références aux articles L. 712-7 et L. 712-9.
III.-Pour l'application des articles mentionnés dans le tableau ci-dessus, à l'article L. 330-1 :
1° Au premier alinéa du I, les mots : « au sens de la directive 98/26/ CE du Parlement européen et du Conseil du 19 mai 1998 concernant le caractère définitif du règlement dans les systèmes de paiement et de règlement des opérations sur titres » sont supprimés ;
2° Après les mots : « avis de la Banque de France » sont ajoutés les mots : « et de l'Institut d'émission d'outre-mer » ;
3° Au 10° du II, les mots : « ou une autorité homologue d'un autre Etat membre de l'Union européenne ou partie à l'accord sur l'Espace économique européen » sont supprimés.
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Code monétaire et financier - Article L753-15
Partie législative - Dispositions relatives à l'outre-mer - CONDITIONS D'APPLICATION EN OUTRE-MER DES DISPOSITIONS DU LIVRE III RELATIF AUX SERVICES - DISPOSITIONS PARTICULIÈRES À LA POLYNÉSIE FRANÇAISE - Systèmes de paiement, systèmes de règlement et de livraison des instruments financiers
I.-Sont applicables en Polynésie française, sous réserve des dispositions prévues au II et au III, les dispositions des articles mentionnés dans la colonne de gauche du tableau ci-après, dans leur rédaction indiquée dans la colonne de droite du même tableau :
Articles applicables
Dans leur rédaction résultant de
L. 330-1, à l'exception du 1° du I
la loi n° 2025-391 du 30 avril 2025
L. 330-2
la loi n° 2021-1308 du 8 octobre 2021
L. 330-3
l'ordonnance n° 2009-866 du 15 juillet 2009
L. 330-4 à L. 330-6
la loi n° 2025-391 du 30 avril 2025
II.-Pour l'application du I :
1° Les références aux procédures de sauvegarde, de redressement ou de liquidation judiciaire sont remplacées par les références aux dispositions applicables localement ayant le même effet ;
2° Les références aux règlements UE n° 648/2012 du Parlement européen et du Conseil du 4 juillet 2012, n° 909/2014 du Parlement européen et du Conseil du 23 juillet 2014 concernant l'amélioration du règlement de titres dans l'Union européenne et les dépositaires centraux de titres, et modifiant les directives 98/26/ CE et 2014/65/ UE ainsi que le règlement (UE) n° 236/2012 et 2022/2554 du Parlement européen et du Conseil du 14 décembre 2022 sur la résilience opérationnelle numérique du secteur financier et modifiant les règlements (CE) n° 1060/2009, (UE) n° 648/2012, (UE) n° 600/2014, (UE) n° 909/2014 et (UE) 2016/1011 sont remplacées par les références aux articles L. 712-7 et L. 712-9.
III.-Pour l'application des articles mentionnés dans le tableau ci-dessus, à l'article L. 330-1 :
1° Au premier alinéa du I, les mots : « au sens de la directive 98/26/ CE du Parlement européen et du Conseil du 19 mai 1998 concernant le caractère définitif du règlement dans les systèmes de paiement et de règlement des opérations sur titres » sont supprimés ;
2° Après les mots : « avis de la Banque de France » sont ajoutés les mots : « et de l'Institut d'émission d'outre-mer » ;
3° Au 10° du II, les mots : « ou une autorité homologue d'un autre Etat membre de l'Union européenne ou partie à l'accord sur l'Espace économique européen » sont supprimés.
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LEGIARTI000022050018_0
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LEGIARTI000022050018
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Article
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CODE
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VIGUEUR
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Code de la santé publique
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Code de la santé publique
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Partie réglementaire - Troisième partie : Lutte contre les maladies et dépendances - Livre Ier : Lutte contre les maladies transmissibles - Titre Ier : Lutte contre les épidémies et certaines maladies transmissibles - Chapitre II : Lutte contre la tuberculose et la lèpre - Section 4 : Délivrance des médicaments
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R3112-15
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2010-04-01
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2999-01-01
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Dans les établissements et organismes autres que les établissements de santé, à titre dérogatoire, le directeur général de l'agence régionale de santé peut autoriser un médecin de l'organisme, nommément désigné, à assurer l'approvisionnement, la détention, le contrôle et la gestion des médicaments et à les dispenser directement aux malades. Cette autorisation ne peut être accordée que pour un remplacement n'excédant pas trois mois ou lorsque l'activité ne justifie pas la présence d'un pharmacien à temps plein.
Pour l'application du présent article, le silence gardé par le directeur général de l'agence régionale de santé vaut autorisation à l'expiration d'un délai de deux mois à compter de la date de réception de la demande.
Les médicaments sont détenus dans un lieu où n'ont pas librement accès les personnes étrangères à l'organisme et conservés dans les conditions prévues par l'autorisation de mise sur le marché, sous la responsabilité du médecin autorisé par le directeur général de l'agence régionale de santé.
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Code de la santé publique - Article R3112-15
Partie réglementaire - Lutte contre les maladies et dépendances - Lutte contre les maladies transmissibles - Lutte contre les épidémies et certaines maladies transmissibles - Lutte contre la tuberculose et la lèpre - Délivrance des médicaments
Dans les établissements et organismes autres que les établissements de santé, à titre dérogatoire, le directeur général de l'agence régionale de santé peut autoriser un médecin de l'organisme, nommément désigné, à assurer l'approvisionnement, la détention, le contrôle et la gestion des médicaments et à les dispenser directement aux malades. Cette autorisation ne peut être accordée que pour un remplacement n'excédant pas trois mois ou lorsque l'activité ne justifie pas la présence d'un pharmacien à temps plein.
Pour l'application du présent article, le silence gardé par le directeur général de l'agence régionale de santé vaut autorisation à l'expiration d'un délai de deux mois à compter de la date de réception de la demande.
Les médicaments sont détenus dans un lieu où n'ont pas librement accès les personnes étrangères à l'organisme et conservés dans les conditions prévues par l'autorisation de mise sur le marché, sous la responsabilité du médecin autorisé par le directeur général de l'agence régionale de santé.
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LEGIARTI000051558842_0
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LEGIARTI000051558842
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre V : Les prestataires de services - Titre II : Les changeurs manuels. - Titre II : Les prestataires de services de paiement et les changeurs manuels - Titre II : Les prestataires de services de paiement, les changeurs manuels et les émetteurs de monnaie électronique - Titre II : Les prestataires de services de paiement, les changeurs manuels et les émetteurs de monnaie électronique et de jetons de monnaie électronique - Chapitre II : Les établissements de paiement - Section 3 : Dispositions prudentielles
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L522-17
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2025-05-03
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2999-01-01
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I. – Les fonds reçus soit des utilisateurs de services de paiement, soit par le biais d'un autre prestataire de services de paiement pour l'exécution d'opérations de paiement sont protégés conformément à l'une des deux méthodes suivantes, ce choix étant laissé à l'appréciation de l'établissement de paiement :
1° Les fonds reçus ne sont en aucun cas confondus avec les fonds de personnes physiques ou morales autres que les utilisateurs de services de paiement pour le compte desquels les fonds sont détenus.
Les fonds restant sur le compte de l'utilisateur de services de paiement à la fin du jour ouvrable suivant le jour où ils ont été reçus, tel que défini au d de l'article L. 133-4, sont déposés sur un compte distinct auprès d'un établissement de crédit habilité à recevoir des fonds à vue du public ou auprès d'une banque centrale d'un Etat membre de l'Union européenne à la discrétion de celle-ci.
Ils peuvent aussi être investis en instruments financiers conservés dans des comptes ouverts spécialement à cet effet auprès d'une personne mentionnée aux 2° à 5° de l'article L. 542-1, dans des conditions fixées par arrêté du ministre chargé de l'économie.
Ces fonds sont protégés dans les conditions prévues à l'article L. 613-30-1 contre tout recours d'autres créanciers de l'établissement de paiement, y compris en cas de procédures d'exécution ou de procédure d'insolvabilité ouverte à l'encontre de l'établissement ;
2° Les fonds reçus sont couverts par un contrat d'assurance ou une autre garantie comparable d'une entreprise d'assurances, d'une société de financement ou d'un établissement de crédit n'appartenant pas au même groupe, dans les conditions définies par arrêté du ministre chargé de l'économie, qui assure ou garantit les utilisateurs des services de paiement contre la défaillance de l'établissement de paiement dans l'exécution de ses obligations financières.
II. – Lorsque les fonds remis peuvent être utilisés d'une part pour exécuter de futures opérations de paiement et d'autre part pour des services autres que les services de paiement, la partie des fonds reçue pour l'exécution de futures opérations de paiement est protégée selon les modalités prévues au présent article. Si cette partie est variable ou ne peut être déterminée à l'avance, les établissements de paiement procèdent à l'évaluation de la part représentative des fonds reçus pour l'exécution d'opérations de paiement, en respectant les conditions fixées par un arrêté du ministre chargé de l'économie. La part représentative ainsi déterminée est protégée dans les conditions prévues au I.
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Code monétaire et financier - Article L522-17
Partie législative - Les prestataires de services - Les changeurs manuels. - Les prestataires de services de paiement et les changeurs manuels - Les prestataires de services de paiement, les changeurs manuels et les émetteurs de monnaie électronique - Les prestataires de services de paiement, les changeurs manuels et les émetteurs de monnaie électronique et de jetons de monnaie électronique - Les établissements de paiement - Dispositions prudentielles
I. – Les fonds reçus soit des utilisateurs de services de paiement, soit par le biais d'un autre prestataire de services de paiement pour l'exécution d'opérations de paiement sont protégés conformément à l'une des deux méthodes suivantes, ce choix étant laissé à l'appréciation de l'établissement de paiement :
1° Les fonds reçus ne sont en aucun cas confondus avec les fonds de personnes physiques ou morales autres que les utilisateurs de services de paiement pour le compte desquels les fonds sont détenus.
Les fonds restant sur le compte de l'utilisateur de services de paiement à la fin du jour ouvrable suivant le jour où ils ont été reçus, tel que défini au d de l'article L. 133-4, sont déposés sur un compte distinct auprès d'un établissement de crédit habilité à recevoir des fonds à vue du public ou auprès d'une banque centrale d'un Etat membre de l'Union européenne à la discrétion de celle-ci.
Ils peuvent aussi être investis en instruments financiers conservés dans des comptes ouverts spécialement à cet effet auprès d'une personne mentionnée aux 2° à 5° de l'article L. 542-1, dans des conditions fixées par arrêté du ministre chargé de l'économie.
Ces fonds sont protégés dans les conditions prévues à l'article L. 613-30-1 contre tout recours d'autres créanciers de l'établissement de paiement, y compris en cas de procédures d'exécution ou de procédure d'insolvabilité ouverte à l'encontre de l'établissement ;
2° Les fonds reçus sont couverts par un contrat d'assurance ou une autre garantie comparable d'une entreprise d'assurances, d'une société de financement ou d'un établissement de crédit n'appartenant pas au même groupe, dans les conditions définies par arrêté du ministre chargé de l'économie, qui assure ou garantit les utilisateurs des services de paiement contre la défaillance de l'établissement de paiement dans l'exécution de ses obligations financières.
II. – Lorsque les fonds remis peuvent être utilisés d'une part pour exécuter de futures opérations de paiement et d'autre part pour des services autres que les services de paiement, la partie des fonds reçue pour l'exécution de futures opérations de paiement est protégée selon les modalités prévues au présent article. Si cette partie est variable ou ne peut être déterminée à l'avance, les établissements de paiement procèdent à l'évaluation de la part représentative des fonds reçus pour l'exécution d'opérations de paiement, en respectant les conditions fixées par un arrêté du ministre chargé de l'économie. La part représentative ainsi déterminée est protégée dans les conditions prévues au I.
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LEGIARTI000006550738_0
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LEGIARTI000006550738
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Article
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DECRET
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MINISTERE DE LA CULTURE ET DE LA COMMUNICATION
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VIGUEUR
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Décret n°2002-1519 du 23 décembre 2002
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Décret n° 2002-1519 du 23 décembre 2002 transformant l'Ecole nationale supérieure d'art de Dijon en établissement public national et portant statut de cet établissement
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Titre II : Organisation administrative.
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14
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2003-01-01
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2999-01-01
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Le directeur dirige l'établissement. A ce titre, il exerce notamment les compétences suivantes :
1° Il représente l'établissement en justice et dans tous les actes de la vie civile ;
2° Il prépare et exécute les délibérations du conseil d'administration ;
3° Il prépare et exécute le budget et les décisions modificatives ;
4° Il est ordonnateur des dépenses et des recettes ;
5° Il a autorité sur l'ensemble des personnels de l'école ; il nomme et affecte à tous les emplois et toutes les fonctions pour lesquels aucune autre autorité n'a reçu de pouvoir de nomination ;
6° Il signe les contrats et les conventions engageant l'établissement ;
7° Il s'assure de l'exécution des programmes d'enseignement et des programmes de recherche de l'établissement ;
8° Il élabore le règlement intérieur de l'école ;
9° Il assure le bon fonctionnement de l'établissement, le respect de l'ordre et de la discipline ainsi que la sécurité ;
10° Il peut, sans autorisation préalable du conseil d'administration, accepter provisoirement et à titre conservatoire les dons et legs qui sont faits à l'établissement. L'acceptation définitive des dons et legs est inscrite à l'ordre du jour de la plus prochaine séance du conseil d'administration.
Pour l'exercice de ses attributions, le directeur peut déléguer sa signature aux agents de l'établissement.
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Décret n° 2002-1519 du 23 décembre 2002 transformant l'Ecole nationale supérieure d'art de Dijon en établissement public national et portant statut de cet établissement - Article 14
Organisation administrative.
Le directeur dirige l'établissement. A ce titre, il exerce notamment les compétences suivantes :
1° Il représente l'établissement en justice et dans tous les actes de la vie civile ;
2° Il prépare et exécute les délibérations du conseil d'administration ;
3° Il prépare et exécute le budget et les décisions modificatives ;
4° Il est ordonnateur des dépenses et des recettes ;
5° Il a autorité sur l'ensemble des personnels de l'école ; il nomme et affecte à tous les emplois et toutes les fonctions pour lesquels aucune autre autorité n'a reçu de pouvoir de nomination ;
6° Il signe les contrats et les conventions engageant l'établissement ;
7° Il s'assure de l'exécution des programmes d'enseignement et des programmes de recherche de l'établissement ;
8° Il élabore le règlement intérieur de l'école ;
9° Il assure le bon fonctionnement de l'établissement, le respect de l'ordre et de la discipline ainsi que la sécurité ;
10° Il peut, sans autorisation préalable du conseil d'administration, accepter provisoirement et à titre conservatoire les dons et legs qui sont faits à l'établissement. L'acceptation définitive des dons et legs est inscrite à l'ordre du jour de la plus prochaine séance du conseil d'administration.
Pour l'exercice de ses attributions, le directeur peut déléguer sa signature aux agents de l'établissement.
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LEGIARTI000022006655_0
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LEGIARTI000022006655
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie réglementaire - Livre VI : Les institutions en matière bancaire et financière - Titre Ier : Les institutions communes aux établissements de crédit et aux entreprises d'investissement - Titre Ier : Les institutions communes aux établissements de crédit, aux établissements de paiement et aux entreprises d'investissement - Titre Ier : Les institutions compétentes en matière de réglementation et de contrôle - Chapitre V : Autres institutions - Section unique : Commissaires du Gouvernement et mission de contrôle des activités financières - Section 1 : Commissaires du Gouvernement et mission de contrôle des activités financières
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D615-2
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2010-03-20
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2999-01-01
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Les commissaires du Gouvernement, dont le nombre ne peut être supérieur à dix, sont nommés par arrêté du ministre chargé de l'économie, sur proposition du directeur général du Trésor. Les commissaires du Gouvernement désignés parmi les contrôleurs d'Etat sont nommés après avis du chef du service du contrôle général économique et financier.
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Code monétaire et financier - Article D615-2
Les commissaires du Gouvernement, dont le nombre ne peut être supérieur à dix, sont nommés par arrêté du ministre chargé de l'économie, sur proposition du directeur général du Trésor. Les commissaires du Gouvernement désignés parmi les contrôleurs d'Etat sont nommés après avis du chef du service du contrôle général économique et financier.
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LEGIARTI000024504189_0
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LEGIARTI000024504189
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie réglementaire - Septième partie : Dispositions particulières à certaines professions et activités - Livre Ier : Journalistes professionnels, professions du spectacle, de la publicité et de la mode - Livre Ier : Journalistes professionnels, professions du spectacle, de l'audiovisuel, de la publicité et de la mode - Titre II : Professions du spectacle, de la publicité et de la mode - Titre II : Professions du spectacle, de l'audiovisuel, de la publicité et de la mode - Chapitre III : Mannequins et agences de mannequins - Section 3 : Agences de mannequins - Sous-section 1 : Licence d'agence de mannequins - Sous-section 1 : Licence d'agence de mannequins et déclaration préalable - Paragraphe 3 : Prévention des conflits d'intérêts
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R7123-17
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2011-08-27
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2999-01-01
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Peut être sanctionné d'une amende administrative d'un montant maximum de 1 500 € pour une personne physique et de 7 500 € pour une personne morale, et respectivement de 3 000 € et de 15 000 € en cas de récidive, le fait de méconnaître les dispositions de l'article R. 7123-15.
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Code du travail - Article R7123-17
Peut être sanctionné d'une amende administrative d'un montant maximum de 1 500 € pour une personne physique et de 7 500 € pour une personne morale, et respectivement de 3 000 € et de 15 000 € en cas de récidive, le fait de méconnaître les dispositions de l'article R. 7123-15.
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LEGIARTI000041826746_0
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LEGIARTI000041826746
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Article
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ARRETE
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Ministère de l'agriculture et de l'alimentation
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VIGUEUR
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Arrêté du 24 avril 2020
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Arrêté du 24 avril 2020 relatif à la modification temporaire du cahier des charges de l'appellation d'origine protégée (AOP) « Morbier »
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1
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2020-04-29
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2999-01-01
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En raison des mesures prises contre la propagation de l'épidémie de covid-19, les conditions de production du cahier des charges de l'AOP "Morbier" sont modifiées temporairement comme suit :
Au chapitre 3 "Délimitation de l'aire géographique", les dispositions suivantes sont ajoutées :
"Le report au froid des fromages peut avoir lieu en dehors de l'aire géographique du 1er avril 2020 au 30 juin 2020.
Le stockage des fromages surgelés et le stockage au froid positif peuvent avoir lieu en dehors de l'aire géographique jusqu'au 17 mars 2021 au maximum."
Au chapitre 4 "Eléments prouvant que le produit est originaire de l'aire géographique", au paragraphe 4.2.3 "Obligations déclaratives nécessaires à la connaissance et au suivi des produits destinés à être commercialisés en appellation d'origine", les dispositions suivantes sont ajoutées :
"Entre le 1er avril 2020 et le 31 mars 2021, les volumes de fromages reportés doivent faire l'objet d'une déclaration mensuelle au groupement, en utilisant le formulaire établi à cet effet, annexé à la fiche de renseignements relative à la production et à la commercialisation du “Morbier”. L'atelier qui commercialise un lot de fromage reporté au froid à un opérateur habilité en AOP pour l'affinage du “Morbier” doit l'informer de ce report."
Au chapitre 5 "Description de la méthode d'obtention du produit", au paragraphe 5.3 "Le lait mis en œuvre", les dispositions suivantes sont ajoutées après la première phrase :
"Toutefois, à compter du 1er avril 2020 et jusqu'au 14e jour suivant la levée des mesures prévues dans le cadre de la lutte contre la propagation de l'épidémie de covid-19, dans les ateliers qui accueillent du lait supplémentaire provenant de producteurs dont l'atelier de transformation habituel est défaillant en raison de la pandémie de covid-19, pour une exploitation donnée, ne peut être mis en fabrication que le lait de 3 traites consécutives au maximum."
Au paragraphe 5.3 "Le lait mis en œuvre", les dispositions suivantes sont ajoutées avant la dernière phrase :
"Toutefois, à compter du 1er avril 2020 et jusqu'au 14e jour suivant la levée des mesures prévues dans le cadre de la lutte contre la propagation de l'épidémie de covid-19, dans les ateliers qui accueillent du lait supplémentaire provenant de producteurs dont l'atelier de transformation habituel est défaillant en raison de la pandémie de covid-19, la mise en fabrication intervient au plus tard avant midi si la traite la plus ancienne est celle du soir de l'avant-veille et avant minuit si la traite la plus ancienne est celle du matin du jour précédent."
Au paragraphe 5.5 "L'affinage", les dispositions suivantes sont ajoutées du 1er avril 2020 au 31 mars 2021 :
"Toutefois, pour les fromages dont la date de fabrication est comprise entre le 1er avril 2020 et le 30 juin 2020, le cycle d'affinage peut être interrompu par une phase de report.
Le report peut se réaliser :
- soit sur des fromages “en blanc”, n'ayant pas démarré la phase d'affinage ;
- soit sur des fromages dont la croûte a déjà pris sa couleur naturelle mais n'ayant pas terminé la phase d'affinage. Dans ce dernier cas, les fromages doivent avoir un croûtage sain.
Quel que soit le mode de report, les fromages doivent être emballés individuellement pendant toute la période du report.
Deux conduites de report sont possibles :
- la surgélation. L'objectif est d'obtenir une température inférieure ou égale à - 18 °C dans le cœur du produit en moins de 24 heures. La température ambiante pour la décongélation doit être inférieure ou égale à + 6 °C et l'hygrométrie inférieure ou égale à 90 % ;
- le report au froid positif. L'objectif est d'obtenir une température supérieure ou égale à 0 °C dans le cœur du produit. Le report se fait à une température ambiante supérieure ou égale à - 2 °C.
Pour ces deux modalités, la durée maximale de report au froid est de 9 mois.
Quel que soit le mode de report, le fromage subit ensuite une durée de reprise d'affinage d'au moins deux semaines sur planche en bois à une température comprise entre 7 °C et 15 °C, incluant éventuellement les jours de la phase de décongélation. L'affinage se poursuit dans les mêmes conditions que pour les fromages n'ayant pas fait l'objet d'un report, la durée minimum totale d'affinage restant alors de 45 jours.
La mise en marché des produits reportés au froid ne peut pas intervenir au-delà du 31 mars 2021.
Pour chaque atelier, la quantité de fromage en cours de fabrication pouvant faire l'objet d'un report est limitée à 30 % des volumes de “Morbier” fabriqués dans la période allant du 1er avril 2019 au 30 juin 2019. Ce plafond de 30 % concerne la somme des produits reportés, soit au froid positif, soit en surgélation."
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Arrêté du 24 avril 2020 relatif à la modification temporaire du cahier des charges de l'appellation d'origine protégée (AOP) « Morbier » - Article 1
En raison des mesures prises contre la propagation de l'épidémie de covid-19, les conditions de production du cahier des charges de l'AOP "Morbier" sont modifiées temporairement comme suit :
Au chapitre 3 "Délimitation de l'aire géographique", les dispositions suivantes sont ajoutées :
"Le report au froid des fromages peut avoir lieu en dehors de l'aire géographique du 1er avril 2020 au 30 juin 2020.
Le stockage des fromages surgelés et le stockage au froid positif peuvent avoir lieu en dehors de l'aire géographique jusqu'au 17 mars 2021 au maximum."
Au chapitre 4 "Eléments prouvant que le produit est originaire de l'aire géographique", au paragraphe 4.2.3 "Obligations déclaratives nécessaires à la connaissance et au suivi des produits destinés à être commercialisés en appellation d'origine", les dispositions suivantes sont ajoutées :
"Entre le 1er avril 2020 et le 31 mars 2021, les volumes de fromages reportés doivent faire l'objet d'une déclaration mensuelle au groupement, en utilisant le formulaire établi à cet effet, annexé à la fiche de renseignements relative à la production et à la commercialisation du “Morbier”. L'atelier qui commercialise un lot de fromage reporté au froid à un opérateur habilité en AOP pour l'affinage du “Morbier” doit l'informer de ce report."
Au chapitre 5 "Description de la méthode d'obtention du produit", au paragraphe 5.3 "Le lait mis en œuvre", les dispositions suivantes sont ajoutées après la première phrase :
"Toutefois, à compter du 1er avril 2020 et jusqu'au 14e jour suivant la levée des mesures prévues dans le cadre de la lutte contre la propagation de l'épidémie de covid-19, dans les ateliers qui accueillent du lait supplémentaire provenant de producteurs dont l'atelier de transformation habituel est défaillant en raison de la pandémie de covid-19, pour une exploitation donnée, ne peut être mis en fabrication que le lait de 3 traites consécutives au maximum."
Au paragraphe 5.3 "Le lait mis en œuvre", les dispositions suivantes sont ajoutées avant la dernière phrase :
"Toutefois, à compter du 1er avril 2020 et jusqu'au 14e jour suivant la levée des mesures prévues dans le cadre de la lutte contre la propagation de l'épidémie de covid-19, dans les ateliers qui accueillent du lait supplémentaire provenant de producteurs dont l'atelier de transformation habituel est défaillant en raison de la pandémie de covid-19, la mise en fabrication intervient au plus tard avant midi si la traite la plus ancienne est celle du soir de l'avant-veille et avant minuit si la traite la plus ancienne est celle du matin du jour précédent."
Au paragraphe 5.5 "L'affinage", les dispositions suivantes sont ajoutées du 1er avril 2020 au 31 mars 2021 :
"Toutefois, pour les fromages dont la date de fabrication est comprise entre le 1er avril 2020 et le 30 juin 2020, le cycle d'affinage peut être interrompu par une phase de report.
Le report peut se réaliser :
- soit sur des fromages “en blanc”, n'ayant pas démarré la phase d'affinage ;
- soit sur des fromages dont la croûte a déjà pris sa couleur naturelle mais n'ayant pas terminé la phase d'affinage. Dans ce dernier cas, les fromages doivent avoir un croûtage sain.
Quel que soit le mode de report, les fromages doivent être emballés individuellement pendant toute la période du report.
Deux conduites de report sont possibles :
- la surgélation. L'objectif est d'obtenir une température inférieure ou égale à - 18 °C dans le cœur du produit en moins de 24 heures. La température ambiante pour la décongélation doit être inférieure ou égale à + 6 °C et l'hygrométrie inférieure ou égale à 90 % ;
- le report au froid positif. L'objectif est d'obtenir une température supérieure ou égale à 0 °C dans le cœur du produit. Le report se fait à une température ambiante supérieure ou égale à - 2 °C.
Pour ces deux modalités, la durée maximale de report au froid est de 9 mois.
Quel que soit le mode de report, le fromage subit ensuite une durée de reprise d'affinage d'au moins deux semaines sur planche en bois à une température comprise entre 7 °C et 15 °C, incluant éventuellement les jours de la phase de décongélation. L'affinage se poursuit dans les mêmes conditions que pour les fromages n'ayant pas fait l'objet d'un report, la durée minimum totale d'affinage restant alors de 45 jours.
La mise en marché des produits reportés au froid ne peut pas intervenir au-delà du 31 mars 2021.
Pour chaque atelier, la quantité de fromage en cours de fabrication pouvant faire l'objet d'un report est limitée à 30 % des volumes de “Morbier” fabriqués dans la période allant du 1er avril 2019 au 30 juin 2019. Ce plafond de 30 % concerne la somme des produits reportés, soit au froid positif, soit en surgélation."
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LEGIARTI000022050000_0
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LEGIARTI000022050000
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Article
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CODE
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VIGUEUR
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Code de la santé publique
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Code de la santé publique
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Partie réglementaire - Deuxième partie : Santé de la famille, de la mère et de l'enfant - Livre Ier : Protection et promotion de la santé maternelle et infantile - Titre IV : Assistance médicale à la procréation - Chapitre II : Conditions d'autorisation et de fonctionnement des établissements de santé et des laboratoires d'analyse de biologie médicale - Chapitre II : Conditions d'autorisation et de fonctionnement des établissements de santé, des laboratoires d'analyses de biologie médicale et des autres organismes - Section 1 : Régime des autorisations
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R2142-4
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2010-04-01
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2999-01-01
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Lorsqu'il est fait application des dispositions du troisième alinéa de l'article L. 6122-10 relatives au renouvellement d'autorisation, la demande est déposée comme il est prévu à l'article R. 6122-28. Dans ce cas, le titulaire de l'autorisation adresse un exemplaire de sa demande au directeur général de l'Agence de la biomédecine.
Lorsqu'il est fait application des dispositions du dernier alinéa de l'article L. 6122-13 relatives au maintien de la suspension ou de retrait de l'autorisation, le directeur général de l'agence régionale de santé recueille l'avis de l'agence de la biomédecine. L'absence d'avis de celle-ci dans les quinze jours qui suivent la consultation du directeur général de l'agence régionale de santé vaut acceptation de la mesure proposée par ce dernier.
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Code de la santé publique - Article R2142-4
Partie réglementaire - Santé de la famille, de la mère et de l'enfant - Protection et promotion de la santé maternelle et infantile - Assistance médicale à la procréation - Conditions d'autorisation et de fonctionnement des établissements de santé et des laboratoires d'analyse de biologie médicale - Conditions d'autorisation et de fonctionnement des établissements de santé, des laboratoires d'analyses de biologie médicale et des autres organismes - Régime des autorisations
Lorsqu'il est fait application des dispositions du troisième alinéa de l'article L. 6122-10 relatives au renouvellement d'autorisation, la demande est déposée comme il est prévu à l'article R. 6122-28. Dans ce cas, le titulaire de l'autorisation adresse un exemplaire de sa demande au directeur général de l'Agence de la biomédecine.
Lorsqu'il est fait application des dispositions du dernier alinéa de l'article L. 6122-13 relatives au maintien de la suspension ou de retrait de l'autorisation, le directeur général de l'agence régionale de santé recueille l'avis de l'agence de la biomédecine. L'absence d'avis de celle-ci dans les quinze jours qui suivent la consultation du directeur général de l'agence régionale de santé vaut acceptation de la mesure proposée par ce dernier.
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LEGIARTI000051558808_0
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LEGIARTI000051558808
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre III : Les services - Titre III : Systèmes de règlements interbancaires et systèmes de règlement et de livraison d'instruments financiers. - Titre III : Systèmes de paiement et systèmes de règlement et de livraison d'instruments financiers
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L330-4
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2025-05-03
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2999-01-01
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I. – Les règles régissant l'accès des prestataires de services de paiement aux systèmes de paiement mentionnés à l'article L. 330-3 doivent être objectives, non discriminatoires et proportionnées.
Ces règles doivent permettre la prévention des risques spécifiques, tels que le risque de règlement, le risque opérationnel et le risque d'entreprise, et la protection de la stabilité financière et opérationnelle des systèmes de paiement. Elles ne doivent pas entraver l'accès à ces systèmes de paiement au-delà de ce qui est nécessaire au regard de ces impératifs.
Un système de paiement ne peut imposer aux prestataires de services de paiement, aux utilisateurs de services de paiement ou aux autres systèmes de paiement aucune des exigences suivantes :
a) Des règles restreignant leur participation à d'autres systèmes de paiement ;
b) Des règles établissant des discriminations entre les prestataires de services de paiement, en ce qui concerne les droits, obligations et avantages des participants ;
c) Des restrictions fondées sur la forme sociale.
II. – Les dispositions mentionnées au I ne sont pas applicables :
b) Aux systèmes de paiement exclusivement composés de prestataires de services de paiement appartenant à un groupe au sens du h de l'article L. 133-4 ;
c) Aux systèmes de paiement gérés par un unique prestataire de services de paiement, sous la forme d'une entité unique ou d'entités appartenant au même groupe, qui agit ou peut agir en tant que prestataire de services de paiement à la fois pour le payeur et le bénéficiaire, qui est le seul responsable de la gestion du système.
III. – Lorsqu'un participant à un système de paiement défini à l'article L. 330-1 permet à un prestataire de services de paiement qui n'est pas un participant au système de transmettre des ordres de transfert via ledit système, ce participant offre la même possibilité, sur demande, de manière objective, proportionnée et non discriminatoire, aux autres prestataires de services de paiement, conformément au I.
Le participant communique au prestataire de services de paiement demandeur les raisons de tout refus.
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Code monétaire et financier - Article L330-4
Partie législative - Les services - Systèmes de règlements interbancaires et systèmes de règlement et de livraison d'instruments financiers. - Systèmes de paiement et systèmes de règlement et de livraison d'instruments financiers
I. – Les règles régissant l'accès des prestataires de services de paiement aux systèmes de paiement mentionnés à l'article L. 330-3 doivent être objectives, non discriminatoires et proportionnées.
Ces règles doivent permettre la prévention des risques spécifiques, tels que le risque de règlement, le risque opérationnel et le risque d'entreprise, et la protection de la stabilité financière et opérationnelle des systèmes de paiement. Elles ne doivent pas entraver l'accès à ces systèmes de paiement au-delà de ce qui est nécessaire au regard de ces impératifs.
Un système de paiement ne peut imposer aux prestataires de services de paiement, aux utilisateurs de services de paiement ou aux autres systèmes de paiement aucune des exigences suivantes :
a) Des règles restreignant leur participation à d'autres systèmes de paiement ;
b) Des règles établissant des discriminations entre les prestataires de services de paiement, en ce qui concerne les droits, obligations et avantages des participants ;
c) Des restrictions fondées sur la forme sociale.
II. – Les dispositions mentionnées au I ne sont pas applicables :
b) Aux systèmes de paiement exclusivement composés de prestataires de services de paiement appartenant à un groupe au sens du h de l'article L. 133-4 ;
c) Aux systèmes de paiement gérés par un unique prestataire de services de paiement, sous la forme d'une entité unique ou d'entités appartenant au même groupe, qui agit ou peut agir en tant que prestataire de services de paiement à la fois pour le payeur et le bénéficiaire, qui est le seul responsable de la gestion du système.
III. – Lorsqu'un participant à un système de paiement défini à l'article L. 330-1 permet à un prestataire de services de paiement qui n'est pas un participant au système de transmettre des ordres de transfert via ledit système, ce participant offre la même possibilité, sur demande, de manière objective, proportionnée et non discriminatoire, aux autres prestataires de services de paiement, conformément au I.
Le participant communique au prestataire de services de paiement demandeur les raisons de tout refus.
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LEGIARTI000017735355_0
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LEGIARTI000017735355
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre II : Les produits - Titre II : Les produits d'épargne - Chapitre Ier : Produits d'épargne générale à régime fiscal spécifique - Section 8 : Dispositions communes aux produits d'épargne générale à régime fiscal spécifique
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L221-37
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2007-12-19
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2999-01-01
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En ce qui concerne les établissements de crédit, les infractions aux dispositions de l'article L. 221-35 peuvent également être constatées dans les formes prévues à l'article L. 221-36 par les inspecteurs de la Banque de France spécialement habilités à cet effet et par le gouverneur de la Banque de France.
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Code monétaire et financier - Article L221-37
Partie législative - Les produits - Les produits d'épargne - Produits d'épargne générale à régime fiscal spécifique - Dispositions communes aux produits d'épargne générale à régime fiscal spécifique
En ce qui concerne les établissements de crédit, les infractions aux dispositions de l'article L. 221-35 peuvent également être constatées dans les formes prévues à l'article L. 221-36 par les inspecteurs de la Banque de France spécialement habilités à cet effet et par le gouverneur de la Banque de France.
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LEGIARTI000024504191_0
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LEGIARTI000024504191
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie réglementaire - Septième partie : Dispositions particulières à certaines professions et activités - Livre Ier : Journalistes professionnels, professions du spectacle, de la publicité et de la mode - Livre Ier : Journalistes professionnels, professions du spectacle, de l'audiovisuel, de la publicité et de la mode - Titre II : Professions du spectacle, de la publicité et de la mode - Titre II : Professions du spectacle, de l'audiovisuel, de la publicité et de la mode - Chapitre III : Mannequins et agences de mannequins - Section 3 : Agences de mannequins - Sous-section 1 : Licence d'agence de mannequins - Sous-section 1 : Licence d'agence de mannequins et déclaration préalable - Paragraphe 3 : Prévention des conflits d'intérêts
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R7123-16
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2011-08-27
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2999-01-01
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Les activités ou professions dont l'exercice conjoint avec l'activité d'agences de mannequins sont susceptibles d'entraîner des situations de conflits d'intérêts sont :
1° Production ou réalisation d'œuvres cinématographiques ou audiovisuelles ;
2° Distribution ou sélection pour l'adaptation d'une production ;
3° Organisation de cours ou de stages de formation payants pour mannequins ou comédiens ;
4° Agence de publicité ;
5° Organisation de défilés de mode ;
6° Photographe.
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Code du travail - Article R7123-16
Les activités ou professions dont l'exercice conjoint avec l'activité d'agences de mannequins sont susceptibles d'entraîner des situations de conflits d'intérêts sont :
1° Production ou réalisation d'œuvres cinématographiques ou audiovisuelles ;
2° Distribution ou sélection pour l'adaptation d'une production ;
3° Organisation de cours ou de stages de formation payants pour mannequins ou comédiens ;
4° Agence de publicité ;
5° Organisation de défilés de mode ;
6° Photographe.
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LEGIARTI000022870821_0
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LEGIARTI000022870821
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Article
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CODE
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VIGUEUR
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Code de la santé publique
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Code de la santé publique
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Partie réglementaire - Sixième partie : Etablissements et services de santé - Livre Ier : Etablissements de santé - Titre V : Personnels médicaux et pharmaceutiques - Chapitre II : Praticiens hospitaliers - Section 5 : Statut des assistants des hôpitaux - Sous-section 8 : Assistants associés.
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R6152-541
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2010-10-01
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2999-01-01
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L'article 3 du décret n° 2022-1693 du 27 décembre 2022 abroge l'article 6 du décret n° 2021-365 du 29 mars 2021 et rétabli la sous-section 8 : Assistants associés.
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Le dossier d'un assistant associé, mentionné à l'article R. 6152-510 comprend notamment les documents justifiant que l'intéressé a une bonne connaissance de la langue française et se trouve en situation régulière au regard de la législation relative aux conditions de séjour et de travail des étrangers en France. Le directeur général de l'agence régionale de santé vérifie, pour chaque recrutement, la validité des diplômes et titres présentés.
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Code de la santé publique - Article R6152-541
Partie réglementaire - Etablissements et services de santé - Etablissements de santé - Personnels médicaux et pharmaceutiques - Praticiens hospitaliers - Statut des assistants des hôpitaux - Assistants associés.
Le dossier d'un assistant associé, mentionné à l'article R. 6152-510 comprend notamment les documents justifiant que l'intéressé a une bonne connaissance de la langue française et se trouve en situation régulière au regard de la législation relative aux conditions de séjour et de travail des étrangers en France. Le directeur général de l'agence régionale de santé vérifie, pour chaque recrutement, la validité des diplômes et titres présentés.
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LEGIARTI000051558833_0
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LEGIARTI000051558833
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre V : Les prestataires de services - Titre II : Les changeurs manuels. - Titre II : Les prestataires de services de paiement et les changeurs manuels - Titre II : Les prestataires de services de paiement, les changeurs manuels et les émetteurs de monnaie électronique - Titre II : Les prestataires de services de paiement, les changeurs manuels et les émetteurs de monnaie électronique et de jetons de monnaie électronique - Chapitre VI : Les établissements de monnaie électronique
- Section 3 : Dispositions prudentielles
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L526-32
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2025-05-03
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2999-01-01
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Les fonds collectés en contrepartie de l'émission de monnaie électronique sont protégés selon l'une des deux méthodes suivantes, ce choix étant laissé à l'appréciation de l'établissement de monnaie électronique :
1° Les fonds collectés ne sont en aucun cas confondus avec les fonds de personnes physiques ou morales autres que les détenteurs de monnaie électronique pour le compte desquels les fonds sont détenus.
Les espèces collectées en contrepartie de l'émission de la monnaie électronique sont déposées sur un compte distinct auprès d'un établissement de crédit habilité à recevoir des fonds à vue du public ou auprès d'une banque centrale d'un Etat membre de l'Union européenne à la discrétion de celle-ci, au plus tard à la fin du jour ouvrable, au sens du d de l'article L. 133-4, suivant leur collecte.
Les fonds autrement collectés en contrepartie de l'émission de la monnaie électronique sont déposés sur le compte mentionné au deuxième alinéa du présent 1° dès leur crédit au compte de l'établissement de monnaie électronique et, en tout état de cause, au plus tard cinq jours ouvrables, au sens du d de l'article L. 133-4, après l'émission de la monnaie électronique.
Lorsque l'établissement de monnaie électronique fournit des services de paiement au sens du 1° de l'article L. 526-2, les fonds autrement collectés en contrepartie de l'émission de la monnaie électronique sont déposés sur le compte mentionné au deuxième alinéa du présent 1° dès leur crédit au compte de l'établissement de monnaie électronique et, en tout état de cause, au plus tard à la fin du jour ouvrable, au sens du d de l'article L. 133-4, suivant le jour de l'émission de la monnaie électronique.
Ils peuvent aussi être investis en instruments financiers conservés dans des comptes ouverts spécialement à cet effet auprès d'une personne morale mentionnée aux 2° à 5° de l'article L. 542-1, dans des conditions fixées par arrêté du ministre chargé de l'économie.
Ces fonds sont protégés, dans les conditions prévues à l'article L. 613-30-1, contre tout recours d'autres créanciers de l'établissement de monnaie électronique, y compris en cas de procédures d'exécution ou de procédure d'insolvabilité ouverte à l'encontre de l'établissement ;
2° Les fonds collectés en contrepartie de l'émission de monnaie électronique sont couverts, dans le respect des délais mentionnés au 1° du présent article, par un contrat d'assurance ou une autre garantie comparable d'une entreprise d'assurances, d'une société de financement ou d'un établissement de crédit n'appartenant pas au même groupe, au sens de l'article L. 233-3 du code de commerce, selon des modalités définies par arrêté du ministre chargé de l'économie qui assurent ou garantissent les détenteurs de monnaie électronique contre la défaillance de l'établissement de monnaie électronique dans l'exécution de ses obligations financières.
Le présent article s'applique aux fonds collectés par les personnes mentionnées à l'article L. 525-8, les délais mentionnés au 1° du présent article commençant à courir à partir de la collecte par lesdites personnes.
Le présent article s'applique aux personnes mentionnées à l'article L. 525-8 ou aux établissements de monnaie électronique dès que le détenteur a remis les fonds à l'un d'entre eux en vue de la création de la monnaie électronique.
Les fonds collectés sont protégés tant que la monnaie électronique émise est en circulation.
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Code monétaire et financier - Article L526-32
Partie législative - Les prestataires de services - Les changeurs manuels. - Les prestataires de services de paiement et les changeurs manuels - Les prestataires de services de paiement, les changeurs manuels et les émetteurs de monnaie électronique - Les prestataires de services de paiement, les changeurs manuels et les émetteurs de monnaie électronique et de jetons de monnaie électronique - Les établissements de monnaie électronique - Dispositions prudentielles
Les fonds collectés en contrepartie de l'émission de monnaie électronique sont protégés selon l'une des deux méthodes suivantes, ce choix étant laissé à l'appréciation de l'établissement de monnaie électronique :
1° Les fonds collectés ne sont en aucun cas confondus avec les fonds de personnes physiques ou morales autres que les détenteurs de monnaie électronique pour le compte desquels les fonds sont détenus.
Les espèces collectées en contrepartie de l'émission de la monnaie électronique sont déposées sur un compte distinct auprès d'un établissement de crédit habilité à recevoir des fonds à vue du public ou auprès d'une banque centrale d'un Etat membre de l'Union européenne à la discrétion de celle-ci, au plus tard à la fin du jour ouvrable, au sens du d de l'article L. 133-4, suivant leur collecte.
Les fonds autrement collectés en contrepartie de l'émission de la monnaie électronique sont déposés sur le compte mentionné au deuxième alinéa du présent 1° dès leur crédit au compte de l'établissement de monnaie électronique et, en tout état de cause, au plus tard cinq jours ouvrables, au sens du d de l'article L. 133-4, après l'émission de la monnaie électronique.
Lorsque l'établissement de monnaie électronique fournit des services de paiement au sens du 1° de l'article L. 526-2, les fonds autrement collectés en contrepartie de l'émission de la monnaie électronique sont déposés sur le compte mentionné au deuxième alinéa du présent 1° dès leur crédit au compte de l'établissement de monnaie électronique et, en tout état de cause, au plus tard à la fin du jour ouvrable, au sens du d de l'article L. 133-4, suivant le jour de l'émission de la monnaie électronique.
Ils peuvent aussi être investis en instruments financiers conservés dans des comptes ouverts spécialement à cet effet auprès d'une personne morale mentionnée aux 2° à 5° de l'article L. 542-1, dans des conditions fixées par arrêté du ministre chargé de l'économie.
Ces fonds sont protégés, dans les conditions prévues à l'article L. 613-30-1, contre tout recours d'autres créanciers de l'établissement de monnaie électronique, y compris en cas de procédures d'exécution ou de procédure d'insolvabilité ouverte à l'encontre de l'établissement ;
2° Les fonds collectés en contrepartie de l'émission de monnaie électronique sont couverts, dans le respect des délais mentionnés au 1° du présent article, par un contrat d'assurance ou une autre garantie comparable d'une entreprise d'assurances, d'une société de financement ou d'un établissement de crédit n'appartenant pas au même groupe, au sens de l'article L. 233-3 du code de commerce, selon des modalités définies par arrêté du ministre chargé de l'économie qui assurent ou garantissent les détenteurs de monnaie électronique contre la défaillance de l'établissement de monnaie électronique dans l'exécution de ses obligations financières.
Le présent article s'applique aux fonds collectés par les personnes mentionnées à l'article L. 525-8, les délais mentionnés au 1° du présent article commençant à courir à partir de la collecte par lesdites personnes.
Le présent article s'applique aux personnes mentionnées à l'article L. 525-8 ou aux établissements de monnaie électronique dès que le détenteur a remis les fonds à l'un d'entre eux en vue de la création de la monnaie électronique.
Les fonds collectés sont protégés tant que la monnaie électronique émise est en circulation.
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LEGIARTI000038156584_0
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LEGIARTI000038156584
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie législative - Première partie : Les relations individuelles de travail - Livre II : Le contrat de travail - Titre VI : Salariés détachés temporairement par une entreprise non établie en France - Chapitre IV : Dispositions pénales. - Chapitre IV : Amendes administratives.
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L1264-2
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2020-07-30
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2999-01-01
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Conformément aux dispositions des I et II de l'article 7 de l'ordonnance n° 2019-116 du 20 février 2019, ces dispositions entrent en vigueur le 30 juillet 2020.
Se reporter aux modalités d'application prévues au II de l'article 7 de l'ordonnance n° 2019-116 du 20 février 2019 ainsi qu'au III de l'article 25 de la loi n° 2021-1308 du 8 octobre 2021.
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I.-Le maître d'ouvrage, le donneur d'ordre ou l'entreprise utilisatrice est passible d'une amende administrative, dans les conditions prévues à l'article L. 1264-3 :
1° En cas de méconnaissance d'une des obligations mentionnées au I de l'article L. 1262-4-1, lorsque son cocontractant n'a pas rempli au moins l'une des obligations lui incombant en application de l'article L. 1262-2-1 ;
2° En cas de méconnaissance de l'obligation mentionnée à l'article L. 1262-4-4 ;
3° En cas de méconnaissance de l'obligation mentionnée à l'article L. 1262-4-5.
4° En cas de manquement à l'obligation d'information prévue au V de l'article L. 1262-2-1 et en cas de manquement de l'employeur tel que prévu au 4° de l'article L. 8115-1.
II.-La méconnaissance par le maître d'ouvrage de l'obligation mentionnée au II de l'article L. 1262-4-1 est passible d'une amende administrative, dans les conditions prévues à l'article L. 1264-3, lorsque l'un des sous-traitants directs ou indirects de ses cocontractants ou l'une des entreprises exerçant une activité de travail temporaire ne s'est pas acquitté de l'obligation mentionnée au I de l'article L. 1262-2-1. La méconnaissance par l'entreprise utilisatrice de l'obligation mentionnée au IV de l'article L. 1262-2-1 est passible d'une amende administrative dans les conditions prévues à l'article L. 1264-3.
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Code du travail - Article L1264-2
Partie législative - Les relations individuelles de travail - Le contrat de travail - Salariés détachés temporairement par une entreprise non établie en France - Dispositions pénales. - Amendes administratives.
I.-Le maître d'ouvrage, le donneur d'ordre ou l'entreprise utilisatrice est passible d'une amende administrative, dans les conditions prévues à l'article L. 1264-3 :
1° En cas de méconnaissance d'une des obligations mentionnées au I de l'article L. 1262-4-1, lorsque son cocontractant n'a pas rempli au moins l'une des obligations lui incombant en application de l'article L. 1262-2-1 ;
2° En cas de méconnaissance de l'obligation mentionnée à l'article L. 1262-4-4 ;
3° En cas de méconnaissance de l'obligation mentionnée à l'article L. 1262-4-5.
4° En cas de manquement à l'obligation d'information prévue au V de l'article L. 1262-2-1 et en cas de manquement de l'employeur tel que prévu au 4° de l'article L. 8115-1.
II.-La méconnaissance par le maître d'ouvrage de l'obligation mentionnée au II de l'article L. 1262-4-1 est passible d'une amende administrative, dans les conditions prévues à l'article L. 1264-3, lorsque l'un des sous-traitants directs ou indirects de ses cocontractants ou l'une des entreprises exerçant une activité de travail temporaire ne s'est pas acquitté de l'obligation mentionnée au I de l'article L. 1262-2-1. La méconnaissance par l'entreprise utilisatrice de l'obligation mentionnée au IV de l'article L. 1262-2-1 est passible d'une amende administrative dans les conditions prévues à l'article L. 1264-3.
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LEGIARTI000024503510_0
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LEGIARTI000024503510
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie réglementaire - Septième partie : Dispositions particulières à certaines professions et activités - Livre Ier : Journalistes professionnels, professions du spectacle, de la publicité et de la mode - Livre Ier : Journalistes professionnels, professions du spectacle, de l'audiovisuel, de la publicité et de la mode - Titre II : Professions du spectacle, de la publicité et de la mode - Titre II : Professions du spectacle, de l'audiovisuel, de la publicité et de la mode - Chapitre III : Mannequins et agences de mannequins - Section 3 : Agences de mannequins - Sous-section 1 : Licence d'agence de mannequins - Sous-section 1 : Licence d'agence de mannequins et déclaration préalable - Paragraphe 3 : Prévention des conflits d'intérêts
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R7123-17-1
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2011-08-27
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2999-01-01
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Le préfet du lieu de constat de l'infraction notifie à la personne mise en cause les griefs qui lui sont reprochés et les sanctions encourues et l'invite à présenter ses observations dans un délai d'un mois. La notification est faite par lettre recommandée adressée à l'intéressé avec demande d'avis de réception.
Pendant le délai mentionné au premier alinéa, l'intéressé peut prendre connaissance et copie des pièces du dossier et se faire assister ou représenter par tout conseil de son choix.
La décision de sanction est notifiée à l'intéressé par lettre recommandée avec demande d'avis de réception.
Les amendes prévues à l'article R. 7123-17 sont prononcées par arrêté du préfet. Elles donnent lieu à l'émission d'un titre de perception exécutoire, établi par le préfet et recouvré au profit de l'Etat par les comptables du Trésor, selon les modalités prévues pour les créances étrangères à l'impôt et au domaine.
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Code du travail - Article R7123-17-1
Partie réglementaire - Dispositions particulières à certaines professions et activités - Journalistes professionnels, professions du spectacle, de la publicité et de la mode - Journalistes professionnels, professions du spectacle, de l'audiovisuel, de la publicité et de la mode - Professions du spectacle, de la publicité et de la mode - Professions du spectacle, de l'audiovisuel, de la publicité et de la mode - Mannequins et agences de mannequins - Agences de mannequins - Licence d'agence de mannequins - Licence d'agence de mannequins et déclaration préalable - Prévention des conflits d'intérêts
Le préfet du lieu de constat de l'infraction notifie à la personne mise en cause les griefs qui lui sont reprochés et les sanctions encourues et l'invite à présenter ses observations dans un délai d'un mois. La notification est faite par lettre recommandée adressée à l'intéressé avec demande d'avis de réception.
Pendant le délai mentionné au premier alinéa, l'intéressé peut prendre connaissance et copie des pièces du dossier et se faire assister ou représenter par tout conseil de son choix.
La décision de sanction est notifiée à l'intéressé par lettre recommandée avec demande d'avis de réception.
Les amendes prévues à l'article R. 7123-17 sont prononcées par arrêté du préfet. Elles donnent lieu à l'émission d'un titre de perception exécutoire, établi par le préfet et recouvré au profit de l'Etat par les comptables du Trésor, selon les modalités prévues pour les créances étrangères à l'impôt et au domaine.
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LEGIARTI000022870818_0
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LEGIARTI000022870818
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Article
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CODE
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VIGUEUR
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Code de la santé publique
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Code de la santé publique
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Partie réglementaire - Sixième partie : Etablissements et services de santé - Livre Ier : Etablissements de santé - Titre V : Personnels médicaux et pharmaceutiques - Chapitre II : Praticiens hospitaliers - Section 5 : Statut des assistants des hôpitaux - Sous-section 8 : Assistants associés.
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R6152-540
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2010-10-01
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2999-01-01
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L'article 3 du décret n° 2022-1693 du 27 décembre 2022 abroge l'article 6 du décret n° 2021-365 du 29 mars 2021 et rétabli la sous-section 8 : Assistants associés.
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Les assistants associés mis, avec leur accord, à disposition d'un syndicat interhospitalier dans les conditions fixées par l'article R. 6152-502, ne peuvent assurer leurs fonctions que sous la responsabilité directe du praticien responsable de la structure dans laquelle ils sont affectés. Ce praticien remplit les conditions d'exercice fixées par le livre Ier de la partie IV du présent code.
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Code de la santé publique - Article R6152-540
Partie réglementaire - Etablissements et services de santé - Etablissements de santé - Personnels médicaux et pharmaceutiques - Praticiens hospitaliers - Statut des assistants des hôpitaux - Assistants associés.
Les assistants associés mis, avec leur accord, à disposition d'un syndicat interhospitalier dans les conditions fixées par l'article R. 6152-502, ne peuvent assurer leurs fonctions que sous la responsabilité directe du praticien responsable de la structure dans laquelle ils sont affectés. Ce praticien remplit les conditions d'exercice fixées par le livre Ier de la partie IV du présent code.
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LEGIARTI000051558887_0
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LEGIARTI000051558887
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VII : Dispositions relatives à l'outre-mer - Titre V : CONDITIONS D'APPLICATION EN OUTRE-MER DES DISPOSITIONS DU LIVRE III RELATIF AUX SERVICES - Chapitre II : DISPOSITIONS PARTICULIÈRES À LA NOUVELLE-CALÉDONIE - Section 5 : Systèmes de paiement, systèmes de règlement et de livraison des instruments financiers
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L752-15
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2025-05-03
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2999-01-01
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I.-Sont applicables en Nouvelle-Calédonie, sous réserve des dispositions prévues au II et au III, les dispositions des articles mentionnés dans la colonne de gauche du tableau ci-après, dans leur rédaction indiquée dans la colonne de droite du même tableau :
Articles applicables
Dans leur rédaction résultant de
L. 330-1, à l'exception du 1° du I
la loi n° 2025-391 du 30 avril 2025
L. 330-2
la loi n° 2021-1308 du 8 octobre 2021
L. 330-3
l'ordonnance n° 2009-866 du 15 juillet 2009
L. 330-4 à L. 330-6
la loi n° 2025-391 du 30 avril 2025
II.-Pour l'application du I :
1° Les références aux procédures de sauvegarde, de redressement ou de liquidation judiciaire sont remplacées par les références aux dispositions applicables localement ayant le même effet ;
2° Les références aux règlements UE n° 648/2012 du Parlement européen et du Conseil du 4 juillet 2012 , n° 909/2014 du Parlement européen et du Conseil du 23 juillet 2014 concernant l'amélioration du règlement de titres dans l'Union européenne et les dépositaires centraux de titres, et modifiant les directives 98/26/ CE et 2014/65/ UE ainsi que le règlement (UE) n° 236/2012 et 2022/2554 du Parlement européen et du Conseil du 14 décembre 2022 sur la résilience opérationnelle numérique du secteur financier et modifiant les règlements (CE) n° 1060/2009, (UE) n° 648/2012, (UE) n° 600/2014, (UE) n° 909/2014 et (UE) 2016/1011sont remplacées par les références aux articles L. 712-7 et L. 712-9.
III.-Pour l'application des articles mentionnés dans le tableau ci-dessus, à l'article L. 330-1 :
1° Au premier alinéa du I, les mots : « au sens de la directive 98/26/ CE du Parlement européen et du Conseil du 19 mai 1998 concernant le caractère définitif du règlement dans les systèmes de paiement et de règlement des opérations sur titres » sont supprimés ;
2° Après les mots : « avis de la Banque de France » sont ajoutés les mots : « et de l'Institut d'émission d'outre-mer » ;
3° Au 10° du II, les mots : « ou une autorité homologue d'un autre Etat membre de l'Union européenne ou partie à l'accord sur l'Espace économique européen » sont supprimés.
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Code monétaire et financier - Article L752-15
Partie législative - Dispositions relatives à l'outre-mer - CONDITIONS D'APPLICATION EN OUTRE-MER DES DISPOSITIONS DU LIVRE III RELATIF AUX SERVICES - DISPOSITIONS PARTICULIÈRES À LA NOUVELLE-CALÉDONIE - Systèmes de paiement, systèmes de règlement et de livraison des instruments financiers
I.-Sont applicables en Nouvelle-Calédonie, sous réserve des dispositions prévues au II et au III, les dispositions des articles mentionnés dans la colonne de gauche du tableau ci-après, dans leur rédaction indiquée dans la colonne de droite du même tableau :
Articles applicables
Dans leur rédaction résultant de
L. 330-1, à l'exception du 1° du I
la loi n° 2025-391 du 30 avril 2025
L. 330-2
la loi n° 2021-1308 du 8 octobre 2021
L. 330-3
l'ordonnance n° 2009-866 du 15 juillet 2009
L. 330-4 à L. 330-6
la loi n° 2025-391 du 30 avril 2025
II.-Pour l'application du I :
1° Les références aux procédures de sauvegarde, de redressement ou de liquidation judiciaire sont remplacées par les références aux dispositions applicables localement ayant le même effet ;
2° Les références aux règlements UE n° 648/2012 du Parlement européen et du Conseil du 4 juillet 2012 , n° 909/2014 du Parlement européen et du Conseil du 23 juillet 2014 concernant l'amélioration du règlement de titres dans l'Union européenne et les dépositaires centraux de titres, et modifiant les directives 98/26/ CE et 2014/65/ UE ainsi que le règlement (UE) n° 236/2012 et 2022/2554 du Parlement européen et du Conseil du 14 décembre 2022 sur la résilience opérationnelle numérique du secteur financier et modifiant les règlements (CE) n° 1060/2009, (UE) n° 648/2012, (UE) n° 600/2014, (UE) n° 909/2014 et (UE) 2016/1011sont remplacées par les références aux articles L. 712-7 et L. 712-9.
III.-Pour l'application des articles mentionnés dans le tableau ci-dessus, à l'article L. 330-1 :
1° Au premier alinéa du I, les mots : « au sens de la directive 98/26/ CE du Parlement européen et du Conseil du 19 mai 1998 concernant le caractère définitif du règlement dans les systèmes de paiement et de règlement des opérations sur titres » sont supprimés ;
2° Après les mots : « avis de la Banque de France » sont ajoutés les mots : « et de l'Institut d'émission d'outre-mer » ;
3° Au 10° du II, les mots : « ou une autorité homologue d'un autre Etat membre de l'Union européenne ou partie à l'accord sur l'Espace économique européen » sont supprimés.
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LEGIARTI000027029449_0
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LEGIARTI000027029449
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Article
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DECRET
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MINISTERE DE LA CULTURE ET DE LA COMMUNICATION
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VIGUEUR
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Décret n°2002-1519 du 23 décembre 2002
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Décret n° 2002-1519 du 23 décembre 2002 transformant l'Ecole nationale supérieure d'art de Dijon en établissement public national et portant statut de cet établissement
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Titre II : Organisation administrative.
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11
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2013-01-01
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2999-01-01
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Le conseil d'administration délibère valablement lorsque la moitié de ses membres sont présents. Si le quorum n'est pas atteint, le conseil est réuni à nouveau dans un délai de deux semaines et délibère alors valablement quel que soit le nombre des membres présents.
Les délibérations sont adoptées à la majorité des membres présents ou représentés. En cas de partage égal des voix, celle du président est prépondérante.
A l'exception de ceux qui peuvent se faire suppléer, les membres du conseil d'administration qui ne peuvent assister à une réunion peuvent donner pouvoir à un autre membre du conseil pour voter en leur nom. Nul ne peut détenir plus de deux pouvoirs.
Le directeur, l'agent comptable et le contrôleur budgétaire de l'établissement assistent au conseil d'administration avec voix consultative.
En outre, le président du conseil d'administration peut inviter à participer à une séance, avec voix consultative, toute personne dont il juge la présence utile.
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Décret n° 2002-1519 du 23 décembre 2002 transformant l'Ecole nationale supérieure d'art de Dijon en établissement public national et portant statut de cet établissement - Article 11
Organisation administrative.
Le conseil d'administration délibère valablement lorsque la moitié de ses membres sont présents. Si le quorum n'est pas atteint, le conseil est réuni à nouveau dans un délai de deux semaines et délibère alors valablement quel que soit le nombre des membres présents.
Les délibérations sont adoptées à la majorité des membres présents ou représentés. En cas de partage égal des voix, celle du président est prépondérante.
A l'exception de ceux qui peuvent se faire suppléer, les membres du conseil d'administration qui ne peuvent assister à une réunion peuvent donner pouvoir à un autre membre du conseil pour voter en leur nom. Nul ne peut détenir plus de deux pouvoirs.
Le directeur, l'agent comptable et le contrôleur budgétaire de l'établissement assistent au conseil d'administration avec voix consultative.
En outre, le président du conseil d'administration peut inviter à participer à une séance, avec voix consultative, toute personne dont il juge la présence utile.
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LEGIARTI000038156571_0
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LEGIARTI000038156571
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie législative - Première partie : Les relations individuelles de travail - Livre II : Le contrat de travail - Titre VI : Salariés détachés temporairement par une entreprise non établie en France - Chapitre II : Conditions de détachement et réglementation applicable - Section 1 : Conditions de détachement.
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L1262-2-1
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2020-07-30
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2999-01-01
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Conformément aux dispositions des I et II de l'article 7 de l'ordonnance n° 2019-116 du 20 février 2019, ces dispositions entrent en vigueur le 30 juillet 2020. Toutefois, les salariés roulants des entreprises de transport routier mentionnées à l'article L. 1321-1 du code des transports restent régis par les dispositions du code du travail dans leur rédaction antérieure à la présente ordonnance.
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I.-L'employeur qui détache un ou plusieurs salariés, dans les conditions prévues aux 1° et 2° de l'article L. 1262-1 et à l'article L. 1262-2, adresse une déclaration, préalablement au détachement, à l'inspection du travail du lieu où débute la prestation.
II.-L'employeur mentionné au I du présent article désigne un représentant de l'entreprise sur le territoire national, chargé d'assurer la liaison avec les agents mentionnés à l'article L. 8271-1-2 pendant la durée de la prestation.
III.-L'accomplissement des obligations mentionnées aux I et II du présent article ne présume pas du caractère régulier du détachement.
IV.-L'entreprise utilisatrice établie hors du territoire national mentionnée au 2° de l'article L. 1262-2 qui, pour exercer son activité sur le territoire national, a recours à des salariés détachés mis à disposition par une entreprise de travail temporaire également établie hors du territoire national, informe préalablement au détachement l'entreprise de travail temporaire qui emploie le ou les salariés détachés du détachement de ces salariés sur le territoire national et des règles applicables à ces salariés, dont la liste est arrêtée par le ministre chargé du travail.
En cas de contrôle, l'entreprise utilisatrice justifie par tout moyen aux services de l'inspection du travail du respect des dispositions prévues au premier alinéa.
V.-L'entreprise utilisatrice établie sur le territoire national mentionnée au 1° de l'article L. 1262-2 qui a recours à des salariés détachés mis à disposition par une entreprise exerçant une activité de travail temporaire dans les conditions prévues à l'article L. 1262-2 informe l'employeur de ces salariés des règles applicables à ces salariés en matière de rémunération pendant leur mise à disposition sur le territoire national.
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Code du travail - Article L1262-2-1
Partie législative - Les relations individuelles de travail - Le contrat de travail - Salariés détachés temporairement par une entreprise non établie en France - Conditions de détachement et réglementation applicable - Conditions de détachement.
I.-L'employeur qui détache un ou plusieurs salariés, dans les conditions prévues aux 1° et 2° de l'article L. 1262-1 et à l'article L. 1262-2, adresse une déclaration, préalablement au détachement, à l'inspection du travail du lieu où débute la prestation.
II.-L'employeur mentionné au I du présent article désigne un représentant de l'entreprise sur le territoire national, chargé d'assurer la liaison avec les agents mentionnés à l'article L. 8271-1-2 pendant la durée de la prestation.
III.-L'accomplissement des obligations mentionnées aux I et II du présent article ne présume pas du caractère régulier du détachement.
IV.-L'entreprise utilisatrice établie hors du territoire national mentionnée au 2° de l'article L. 1262-2 qui, pour exercer son activité sur le territoire national, a recours à des salariés détachés mis à disposition par une entreprise de travail temporaire également établie hors du territoire national, informe préalablement au détachement l'entreprise de travail temporaire qui emploie le ou les salariés détachés du détachement de ces salariés sur le territoire national et des règles applicables à ces salariés, dont la liste est arrêtée par le ministre chargé du travail.
En cas de contrôle, l'entreprise utilisatrice justifie par tout moyen aux services de l'inspection du travail du respect des dispositions prévues au premier alinéa.
V.-L'entreprise utilisatrice établie sur le territoire national mentionnée au 1° de l'article L. 1262-2 qui a recours à des salariés détachés mis à disposition par une entreprise exerçant une activité de travail temporaire dans les conditions prévues à l'article L. 1262-2 informe l'employeur de ces salariés des règles applicables à ces salariés en matière de rémunération pendant leur mise à disposition sur le territoire national.
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LEGIARTI000022870802_0
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LEGIARTI000022870802
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Article
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CODE
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VIGUEUR
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Code de la santé publique
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Code de la santé publique
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Partie réglementaire - Sixième partie : Etablissements et services de santé - Livre Ier : Etablissements de santé - Titre V : Personnels médicaux et pharmaceutiques - Chapitre II : Praticiens hospitaliers - Section 5 : Statut des assistants des hôpitaux - Sous-section 7 : Dispositions diverses.
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R6152-534
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2010-10-01
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2999-01-01
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Les dispositions de l'article R. 6152-73 sont applicables aux assistants.
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Code de la santé publique - Article R6152-534
Les dispositions de l'article R. 6152-73 sont applicables aux assistants.
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LEGIARTI000051558848_0
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LEGIARTI000051558848
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre III : Les services - Titre VI : Sanctions administratives - Chapitre II : Manquements relatifs au règlement (UE) n° 260/2012 du Parlement européen et du Conseil du 14 mars 2012 établissant des exigences techniques et commerciales pour les virements et les prélèvements en euros et modifiant le règlement (CE) n° 924/2009
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L362-1
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2025-05-03
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2999-01-01
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Les manquements au d du 3 et au 8 de l'article 5 ainsi qu'aux articles 5 ter, 8 et 9 du règlement (UE) n° 260/2012 du Parlement européen et du Conseil du 14 mars 2012 établissant des exigences techniques et commerciales pour les virements et les prélèvements en euros et modifiant le règlement (CE) n° 924/2009, constatés en application de l'article L. 511-7 du code de la consommation, sont passibles d'une amende administrative ne pouvant excéder les montants suivants :
1° 3 000 € pour une personne physique et 15 000 € pour une personne morale, s'agissant des manquements au d du 3 et au 8 de l'article 5 du règlement (UE) n° 260/2012 du Parlement européen et du Conseil du 14 mars 2012 précité ;
2° 75 000 € pour une personne physique et 375 000 € pour une personne morale, s'agissant des manquements aux articles 8 et 9 du même règlement.
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Code monétaire et financier - Article L362-1
Partie législative - Les services - Sanctions administratives - Manquements relatifs au règlement (UE) n° 260/2012 du Parlement européen et du Conseil du 14 mars 2012 établissant des exigences techniques et commerciales pour les virements et les prélèvements en euros et modifiant le règlement (CE) n° 924/2009
Les manquements au d du 3 et au 8 de l'article 5 ainsi qu'aux articles 5 ter, 8 et 9 du règlement (UE) n° 260/2012 du Parlement européen et du Conseil du 14 mars 2012 établissant des exigences techniques et commerciales pour les virements et les prélèvements en euros et modifiant le règlement (CE) n° 924/2009, constatés en application de l'article L. 511-7 du code de la consommation, sont passibles d'une amende administrative ne pouvant excéder les montants suivants :
1° 3 000 € pour une personne physique et 15 000 € pour une personne morale, s'agissant des manquements au d du 3 et au 8 de l'article 5 du règlement (UE) n° 260/2012 du Parlement européen et du Conseil du 14 mars 2012 précité ;
2° 75 000 € pour une personne physique et 375 000 € pour une personne morale, s'agissant des manquements aux articles 8 et 9 du même règlement.
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LEGIARTI000038156567_0
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LEGIARTI000038156567
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie législative - Première partie : Les relations individuelles de travail - Livre II : Le contrat de travail - Titre VI : Salariés détachés temporairement par une entreprise non établie en France - Chapitre II : Conditions de détachement et réglementation applicable - Section 1 : Conditions de détachement.
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L1262-2
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2020-07-30
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2999-01-01
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Conformément aux dispositions des I et II de l'article 7 de l'ordonnance n° 2019-116 du 20 février 2019, ces dispositions entrent en vigueur le 30 juillet 2020. Toutefois, les salariés roulants des entreprises de transport routier mentionnées à l'article L. 1321-1 du code des transports restent régis par les dispositions du code du travail dans leur rédaction antérieure à la présente ordonnance.
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A la condition qu'il existe un contrat de travail entre l'entreprise de travail temporaire et le salarié et que leur relation de travail subsiste pendant la période de détachement, une entreprise exerçant une activité de travail temporaire établie hors du territoire national peut détacher temporairement des salariés :
1° Auprès d'une entreprise utilisatrice établie sur le territoire national ;
2° Auprès d'une entreprise utilisatrice établie hors du territoire national et exerçant temporairement une activité sur le territoire national.
Les dispositions du chapitre Ier du titre V du présent livre relatives au travail temporaire sont applicables aux salariés détachés dans le cadre d'une mise à disposition au titre du travail temporaire, à l'exception des articles L. 1251-32 et L. 1251-33 pour les salariés titulaires d'un contrat de travail à durée indéterminée dans leur pays d'origine.
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Code du travail - Article L1262-2
Partie législative - Les relations individuelles de travail - Le contrat de travail - Salariés détachés temporairement par une entreprise non établie en France - Conditions de détachement et réglementation applicable - Conditions de détachement.
A la condition qu'il existe un contrat de travail entre l'entreprise de travail temporaire et le salarié et que leur relation de travail subsiste pendant la période de détachement, une entreprise exerçant une activité de travail temporaire établie hors du territoire national peut détacher temporairement des salariés :
1° Auprès d'une entreprise utilisatrice établie sur le territoire national ;
2° Auprès d'une entreprise utilisatrice établie hors du territoire national et exerçant temporairement une activité sur le territoire national.
Les dispositions du chapitre Ier du titre V du présent livre relatives au travail temporaire sont applicables aux salariés détachés dans le cadre d'une mise à disposition au titre du travail temporaire, à l'exception des articles L. 1251-32 et L. 1251-33 pour les salariés titulaires d'un contrat de travail à durée indéterminée dans leur pays d'origine.
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LEGIARTI000024500703_0
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LEGIARTI000024500703
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie législative - Huitième partie : Contrôle de l'application de la législation du travail - Livre II : Lutte contre le travail illégal - Titre VII : Contrôle du travail illégal - Chapitre Ier : Compétence des agents - Section 1 : Dispositions communes.
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L8271-2
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2011-09-30
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2999-01-01
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Les agents de contrôle mentionnés à l'article L. 8271-1-2 se communiquent réciproquement tous renseignements et tous documents utiles à l'accomplissement de leur mission de lutte contre le travail illégal.
Les agents de la concurrence, de la consommation et de la répression des fraudes sont habilités à leur transmettre tous renseignements et documents nécessaires à cette mission.
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Code du travail - Article L8271-2
Partie législative - Contrôle de l'application de la législation du travail - Lutte contre le travail illégal - Contrôle du travail illégal - Compétence des agents - Dispositions communes.
Les agents de contrôle mentionnés à l'article L. 8271-1-2 se communiquent réciproquement tous renseignements et tous documents utiles à l'accomplissement de leur mission de lutte contre le travail illégal.
Les agents de la concurrence, de la consommation et de la répression des fraudes sont habilités à leur transmettre tous renseignements et documents nécessaires à cette mission.
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LEGIARTI000006900951_0
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LEGIARTI000006900951
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie législative - Première partie : Les relations individuelles de travail - Livre II : Le contrat de travail - Titre II : Formation et exécution du contrat de travail - Chapitre V : Maternité, paternité, adoption et éducation des enfants - Section 4 : Congés d'éducation des enfants - Sous-section 2 : Congé pour enfant malade et congé de présence parentale - Sous-section 2 : Congés pour maladie d'un enfant - Paragraphe 2 : Congé de présence parentale.
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L1225-64
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2008-05-01
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2999-01-01
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A l'issue du congé de présence parentale, le salarié retrouve son précédent emploi ou un emploi similaire assorti d'une rémunération au moins équivalente.
En cas de décès de l'enfant ou de diminution importante des ressources du foyer, le salarié qui a accompli la formalité prévue à l'article L. 1225-52 retrouve son précédent emploi ou un emploi similaire assorti d'une rémunération au moins équivalente.
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Code du travail - Article L1225-64
Partie législative - Les relations individuelles de travail - Le contrat de travail - Formation et exécution du contrat de travail - Maternité, paternité, adoption et éducation des enfants - Congés d'éducation des enfants - Congé pour enfant malade et congé de présence parentale - Congés pour maladie d'un enfant - Congé de présence parentale.
A l'issue du congé de présence parentale, le salarié retrouve son précédent emploi ou un emploi similaire assorti d'une rémunération au moins équivalente.
En cas de décès de l'enfant ou de diminution importante des ressources du foyer, le salarié qui a accompli la formalité prévue à l'article L. 1225-52 retrouve son précédent emploi ou un emploi similaire assorti d'une rémunération au moins équivalente.
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LEGIARTI000022875599_0
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LEGIARTI000022875599
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Article
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CODE
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VIGUEUR
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Code de la santé publique
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Code de la santé publique
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Partie réglementaire - Sixième partie : Etablissements et services de santé - Livre Ier : Etablissements de santé - Titre V : Personnels médicaux et pharmaceutiques - Chapitre II : Praticiens hospitaliers - Section 1 : Statut des praticiens hospitaliers à temps plein - Section 1 : Statut des praticiens hospitaliers - Sous-section 2 : Recrutement, nomination et affectation - Paragraphe 4 : Prise de fonctions.
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R6152-12
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2010-10-01
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2999-01-01
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Le praticien doit rejoindre son poste dans le délai de deux mois à compter de la réception de la notification prévue au dernier alinéa de l'article R. 6152-8, sauf dérogation accordée par le directeur général du Centre national de gestion sur proposition du directeur de l'établissement dans lequel il est nommé après avis du chef du pôle d'affectation.
Si l'intéressé ne rejoint pas son poste, sa nomination est rapportée après mise en demeure. Dans le cas d'une première nomination, il perd le bénéfice de son inscription sur la liste d'aptitude. Dans le cas d'une nomination consécutive à une demande de mutation, l'intéressé est réputé avoir obtenu sa mutation.
Le praticien doit établir sa résidence effective à proximité du lieu d'exercice de ses fonctions dans des conditions compatibles avec les responsabilités qu'il exerce dans le service public hospitalier, après validation, le cas échéant, du directeur général de l'agence régionale de santé.
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Code de la santé publique - Article R6152-12
Partie réglementaire - Etablissements et services de santé - Etablissements de santé - Personnels médicaux et pharmaceutiques - Praticiens hospitaliers - Statut des praticiens hospitaliers à temps plein - Statut des praticiens hospitaliers - Recrutement, nomination et affectation - Prise de fonctions.
Le praticien doit rejoindre son poste dans le délai de deux mois à compter de la réception de la notification prévue au dernier alinéa de l'article R. 6152-8, sauf dérogation accordée par le directeur général du Centre national de gestion sur proposition du directeur de l'établissement dans lequel il est nommé après avis du chef du pôle d'affectation.
Si l'intéressé ne rejoint pas son poste, sa nomination est rapportée après mise en demeure. Dans le cas d'une première nomination, il perd le bénéfice de son inscription sur la liste d'aptitude. Dans le cas d'une nomination consécutive à une demande de mutation, l'intéressé est réputé avoir obtenu sa mutation.
Le praticien doit établir sa résidence effective à proximité du lieu d'exercice de ses fonctions dans des conditions compatibles avec les responsabilités qu'il exerce dans le service public hospitalier, après validation, le cas échéant, du directeur général de l'agence régionale de santé.
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LEGIARTI000051558853_0
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LEGIARTI000051558853
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VII : Dispositions relatives à l'outre-mer - Titre V : CONDITIONS D'APPLICATION EN OUTRE-MER DES DISPOSITIONS DU LIVRE III RELATIF AUX SERVICES - Chapitre IV : DISPOSITIONS PARTICULIÈRES AUX ÎLES WALLIS ET FUTUNA - Section 5 : Systèmes de paiement, systèmes de règlement et de livraison des instruments financiers
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L754-14
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2025-05-03
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2999-01-01
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I.-Sont applicables dans les îles Wallis et Futuna, sous réserve des dispositions prévues au II, les dispositions des articles mentionnés dans la colonne de gauche du tableau ci-après, dans leur rédaction indiquée dans la colonne de droite du même tableau :
Articles applicables
Dans leur rédaction résultant de
L. 330-1, à l'exception du 1° du I
la loi n° 2025-391 du 30 avril 2025
L. 330-2
la loi n° 2021-1308 du 8 octobre 2021
L. 330-3
l'ordonnance n° 2009-866 du 15 juillet 2009
L. 330-4 à L. 330-6
la loi n° 2025-391 du 30 avril 2025
II.-Pour l'application du I :
1° Les références aux règlements UE n° 648/2012 du Parlement européen et du Conseil du 4 juillet 2012, n° 909/2014 du Parlement européen et du Conseil du 23 juillet 2014 concernant l'amélioration du règlement de titres dans l'Union européenne et les dépositaires centraux de titres, et modifiant les directives 98/26/ CE et 2014/65/ UE ainsi que le règlement (UE) n° 236/2012 et 2022/2554 du Parlement européen et du Conseil du 14 décembre 2022 sur la résilience opérationnelle numérique du secteur financier et modifiant les règlements (CE) n° 1060/2009, (UE) n° 648/2012, (UE) n° 600/2014, (UE) n° 909/2014 et (UE) 2016/1011 sont remplacées par les références aux articles L. 712-7 et L. 712-9 ;
2° A l'article L. 330-1 :
a) Au premier alinéa du I, les mots : « au sens de la directive 98/26/ CE du Parlement européen et du Conseil du 19 mai 1998 concernant le caractère définitif du règlement dans les systèmes de paiement et de règlement des opérations sur titres » sont supprimés ;
b) Après les mots : « avis de la Banque de France » sont ajoutés les mots : « et de l'Institut d'émission d'outre-mer » ;
c) Au 10° du II, les mots : « ou une autorité homologue d'un autre Etat membre de l'Union européenne ou partie à l'accord sur l'Espace économique européen » sont supprimés.
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Code monétaire et financier - Article L754-14
Partie législative - Dispositions relatives à l'outre-mer - CONDITIONS D'APPLICATION EN OUTRE-MER DES DISPOSITIONS DU LIVRE III RELATIF AUX SERVICES - DISPOSITIONS PARTICULIÈRES AUX ÎLES WALLIS ET FUTUNA - Systèmes de paiement, systèmes de règlement et de livraison des instruments financiers
I.-Sont applicables dans les îles Wallis et Futuna, sous réserve des dispositions prévues au II, les dispositions des articles mentionnés dans la colonne de gauche du tableau ci-après, dans leur rédaction indiquée dans la colonne de droite du même tableau :
Articles applicables
Dans leur rédaction résultant de
L. 330-1, à l'exception du 1° du I
la loi n° 2025-391 du 30 avril 2025
L. 330-2
la loi n° 2021-1308 du 8 octobre 2021
L. 330-3
l'ordonnance n° 2009-866 du 15 juillet 2009
L. 330-4 à L. 330-6
la loi n° 2025-391 du 30 avril 2025
II.-Pour l'application du I :
1° Les références aux règlements UE n° 648/2012 du Parlement européen et du Conseil du 4 juillet 2012, n° 909/2014 du Parlement européen et du Conseil du 23 juillet 2014 concernant l'amélioration du règlement de titres dans l'Union européenne et les dépositaires centraux de titres, et modifiant les directives 98/26/ CE et 2014/65/ UE ainsi que le règlement (UE) n° 236/2012 et 2022/2554 du Parlement européen et du Conseil du 14 décembre 2022 sur la résilience opérationnelle numérique du secteur financier et modifiant les règlements (CE) n° 1060/2009, (UE) n° 648/2012, (UE) n° 600/2014, (UE) n° 909/2014 et (UE) 2016/1011 sont remplacées par les références aux articles L. 712-7 et L. 712-9 ;
2° A l'article L. 330-1 :
a) Au premier alinéa du I, les mots : « au sens de la directive 98/26/ CE du Parlement européen et du Conseil du 19 mai 1998 concernant le caractère définitif du règlement dans les systèmes de paiement et de règlement des opérations sur titres » sont supprimés ;
b) Après les mots : « avis de la Banque de France » sont ajoutés les mots : « et de l'Institut d'émission d'outre-mer » ;
c) Au 10° du II, les mots : « ou une autorité homologue d'un autre Etat membre de l'Union européenne ou partie à l'accord sur l'Espace économique européen » sont supprimés.
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LEGIARTI000038156591_0
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LEGIARTI000038156591
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie législative - Première partie : Les relations individuelles de travail - Livre II : Le contrat de travail - Titre VI : Salariés détachés temporairement par une entreprise non établie en France - Chapitre IV : Dispositions pénales. - Chapitre IV : Amendes administratives.
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L1264-3
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2020-07-30
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2999-01-01
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Conformément aux dispositions des I et II de l'article 7 de l'ordonnance n° 2019-116 du 20 février 2019, ces dispositions entrent en vigueur le 30 juillet 2020.
Se reporter aux modalités d'application prévues au II de l'article 7 de l'ordonnance n° 2019-116 du 20 février 2019 ainsi qu'au III de l'article 25 de la loi n° 2021-1308 du 8 octobre 2021.
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L'amende administrative mentionnée aux articles L. 1264-1 et L. 1264-2 est prononcée par l'autorité administrative compétente, après constatation par un des agents de contrôle de l'inspection du travail mentionnés aux articles L. 8112-1 et L. 8112-5.
Le montant de l'amende est d'au plus 4 000 € par salarié détaché et d'au plus 8 000 € en cas de réitération dans un délai de deux ans à compter du jour de la notification de la première amende. Le montant total de l'amende ne peut être supérieur à 500 000 €.
Pour fixer le montant de l'amende, l'autorité administrative prend en compte les circonstances et la gravité du manquement, le comportement de son auteur, notamment sa bonne foi, ainsi que ses ressources et ses charges.
Le délai de prescription de l'action de l'administration pour la sanction du manquement par une amende administrative est de deux années révolues à compter du jour où le manquement a été commis.
L'employeur, le maître d'ouvrage ou le donneur d'ordre peut contester la décision de l'administration devant le tribunal administratif, à l'exclusion de tout recours hiérarchique.
L'amende est recouvrée comme les créances de l'Etat étrangères à l'impôt et au domaine. L'opposition à l'exécution ou l'opposition aux poursuites n'a pas pour effet de suspendre l'action en recouvrement de la créance.
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Code du travail - Article L1264-3
Partie législative - Les relations individuelles de travail - Le contrat de travail - Salariés détachés temporairement par une entreprise non établie en France - Dispositions pénales. - Amendes administratives.
L'amende administrative mentionnée aux articles L. 1264-1 et L. 1264-2 est prononcée par l'autorité administrative compétente, après constatation par un des agents de contrôle de l'inspection du travail mentionnés aux articles L. 8112-1 et L. 8112-5.
Le montant de l'amende est d'au plus 4 000 € par salarié détaché et d'au plus 8 000 € en cas de réitération dans un délai de deux ans à compter du jour de la notification de la première amende. Le montant total de l'amende ne peut être supérieur à 500 000 €.
Pour fixer le montant de l'amende, l'autorité administrative prend en compte les circonstances et la gravité du manquement, le comportement de son auteur, notamment sa bonne foi, ainsi que ses ressources et ses charges.
Le délai de prescription de l'action de l'administration pour la sanction du manquement par une amende administrative est de deux années révolues à compter du jour où le manquement a été commis.
L'employeur, le maître d'ouvrage ou le donneur d'ordre peut contester la décision de l'administration devant le tribunal administratif, à l'exclusion de tout recours hiérarchique.
L'amende est recouvrée comme les créances de l'Etat étrangères à l'impôt et au domaine. L'opposition à l'exécution ou l'opposition aux poursuites n'a pas pour effet de suspendre l'action en recouvrement de la créance.
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LEGIARTI000024500718_0
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LEGIARTI000024500718
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie législative - Huitième partie : Contrôle de l'application de la législation du travail - Livre II : Lutte contre le travail illégal - Titre VII : Contrôle du travail illégal - Chapitre Ier : Compétence des agents - Section 1 : Dispositions communes.
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L8271-6
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2011-09-30
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2999-01-01
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Les agents de contrôle mentionnés à l'article L. 8271-1-2, ainsi que les autorités chargées de la coordination de leurs actions, peuvent échanger tous renseignements et tous documents nécessaires à l'accomplissement de leur mission de lutte contre le travail illégal avec les agents investis des mêmes compétences et les autorités chargées de la coordination de leurs actions dans les Etats étrangers.
Lorsque des accords sont conclus avec les autorités de ces Etats, ils prévoient les modalités de mise en oeuvre de ces échanges.
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Code du travail - Article L8271-6
Partie législative - Contrôle de l'application de la législation du travail - Lutte contre le travail illégal - Contrôle du travail illégal - Compétence des agents - Dispositions communes.
Les agents de contrôle mentionnés à l'article L. 8271-1-2, ainsi que les autorités chargées de la coordination de leurs actions, peuvent échanger tous renseignements et tous documents nécessaires à l'accomplissement de leur mission de lutte contre le travail illégal avec les agents investis des mêmes compétences et les autorités chargées de la coordination de leurs actions dans les Etats étrangers.
Lorsque des accords sont conclus avec les autorités de ces Etats, ils prévoient les modalités de mise en oeuvre de ces échanges.
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LEGIARTI000022875790_0
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LEGIARTI000022875790
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Article
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CODE
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VIGUEUR
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Code de la santé publique
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Code de la santé publique
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Partie réglementaire - Sixième partie : Etablissements et services de santé - Livre Ier : Etablissements de santé - Titre V : Personnels médicaux et pharmaceutiques - Chapitre II : Praticiens hospitaliers - Section 1 : Statut des praticiens hospitaliers à temps plein - Section 1 : Statut des praticiens hospitaliers - Sous-section 6 : Exercice de fonctions - Positions - Paragraphe 3 : Recherche d'affectation.
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R6152-50-4
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2010-10-01
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2999-01-01
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Le praticien hospitalier placé en recherche d'affectation est autorisé à prendre les congés mentionnés aux articles R. 6152-35 à R. 6152-41 par le directeur général du Centre national de gestion. Toutefois, lorsqu'il exerce dans l'un des organismes d'accueil mentionnés à l'article R. 6152-50, les congés annuels, de réduction du temps de travail et de récupération ainsi que les autorisations exceptionnelles d'absence lui sont accordés par l'autorité compétente de cet organisme, qui en avise sans délai le Centre national de gestion.
Les dispositions de l'article R. 6152-801 s'appliquent au praticien hospitalier placé en recherche d'affectation lorsqu'il exerce dans un des établissements mentionnés à l'article L. 6141-1, au prorata de la durée du temps de travail accompli. Lorsqu'il exerce ses fonctions dans d'autres organismes, le praticien hospitalier bénéficie de jours de réduction du temps de travail dans les conditions en vigueur au sein de l'organisme d'accueil où il exerce son activité.
Pour l'application des dispositions des articles R. 6152-36 à R. 6152-41 au praticien placé en recherche d'affectation, le comité médical compétent est celui du département de résidence de l'intéressé. Le comité médical est saisi par le directeur général du Centre national de gestion.
Lorsque le praticien hospitalier placé en recherche d'affectation bénéficie de l'un des congés prévus aux articles R. 6152-36 à R. 6152-41 ainsi qu'à l'article R. 6152-35-2 pendant une durée supérieure à quatre mois consécutifs, la période comprise entre le premier jour du cinquième mois de congé et la date à laquelle son état lui permet de reprendre une activité professionnelle ou, à défaut, la date d'expiration de ses droits à congés n'est pas prise en compte pour la détermination de la durée de la recherche d'affectation prévue au cinquième alinéa de l'article R. 6152-50-1.
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Code de la santé publique - Article R6152-50-4
Partie réglementaire - Etablissements et services de santé - Etablissements de santé - Personnels médicaux et pharmaceutiques - Praticiens hospitaliers - Statut des praticiens hospitaliers à temps plein - Statut des praticiens hospitaliers - Exercice de fonctions - Positions - Recherche d'affectation.
Le praticien hospitalier placé en recherche d'affectation est autorisé à prendre les congés mentionnés aux articles R. 6152-35 à R. 6152-41 par le directeur général du Centre national de gestion. Toutefois, lorsqu'il exerce dans l'un des organismes d'accueil mentionnés à l'article R. 6152-50, les congés annuels, de réduction du temps de travail et de récupération ainsi que les autorisations exceptionnelles d'absence lui sont accordés par l'autorité compétente de cet organisme, qui en avise sans délai le Centre national de gestion.
Les dispositions de l'article R. 6152-801 s'appliquent au praticien hospitalier placé en recherche d'affectation lorsqu'il exerce dans un des établissements mentionnés à l'article L. 6141-1, au prorata de la durée du temps de travail accompli. Lorsqu'il exerce ses fonctions dans d'autres organismes, le praticien hospitalier bénéficie de jours de réduction du temps de travail dans les conditions en vigueur au sein de l'organisme d'accueil où il exerce son activité.
Pour l'application des dispositions des articles R. 6152-36 à R. 6152-41 au praticien placé en recherche d'affectation, le comité médical compétent est celui du département de résidence de l'intéressé. Le comité médical est saisi par le directeur général du Centre national de gestion.
Lorsque le praticien hospitalier placé en recherche d'affectation bénéficie de l'un des congés prévus aux articles R. 6152-36 à R. 6152-41 ainsi qu'à l'article R. 6152-35-2 pendant une durée supérieure à quatre mois consécutifs, la période comprise entre le premier jour du cinquième mois de congé et la date à laquelle son état lui permet de reprendre une activité professionnelle ou, à défaut, la date d'expiration de ses droits à congés n'est pas prise en compte pour la détermination de la durée de la recherche d'affectation prévue au cinquième alinéa de l'article R. 6152-50-1.
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LEGIARTI000051558814_0
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LEGIARTI000051558814
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre III : Les services - Titre III : Systèmes de règlements interbancaires et systèmes de règlement et de livraison d'instruments financiers. - Titre III : Systèmes de paiement et systèmes de règlement et de livraison d'instruments financiers
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L330-1
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2025-05-03
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2999-01-01
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I. – Un système de règlements interbancaires ou de règlement et de livraison d'instruments financiers s'entend d'une procédure nationale ou internationale organisant les relations entre trois participants au moins, sans compter le gestionnaire du système, défini au 5° du II du présent article, ni d'éventuels participants indirects, définis au dernier alinéa du même II, permettant conformément à des règles communes et des procédures normalisées au sens de la directive 98/26/ CE du Parlement européen et du Conseil du 19 mai 1998 concernant le caractère définitif du règlement dans les systèmes de paiement et de règlement des opérations sur titres, l'exécution à titre habituel, par compensation ou non, de paiements ainsi que, pour ce qui concerne les systèmes de règlement et de livraison d'instruments financiers, la livraison d'instruments financiers entre lesdits participants.
Le système doit soit avoir été institué par une autorité publique, soit être régi par une convention-cadre respectant les principes généraux d'une convention-cadre de place ou par une convention type. Le ministre chargé de l'économie notifie à l'Autorité européenne des marchés financiers la liste des systèmes bénéficiant des articles L. 330-1 et L. 330-2 régis par le droit français et leurs gestionnaires respectifs.
Constitue un système :
1° Tout système désigné en tant que système et notifié à l'Autorité européenne des marchés financiers par l'Etat membre de l'Union européenne ou l'Etat partie à l'accord sur l'Espace économique européen dont la législation est applicable, conformément à la directive 98/26/ CE du Parlement européen et du Conseil du 19 mai 1998 précitée ;
2° Tout système régi par le droit d'un pays tiers destiné à régler des opérations de change en mode paiement contre paiement et en monnaie de banque centrale auquel une personne régie par le droit français mentionnée au II du présent article est participant direct, lorsque ce système, homologué par arrêté du ministre chargé de l'économie, après avis de la Banque de France, présente un risque systémique et un niveau de sécurité réglementaire et opérationnel équivalent à celui des systèmes régis par le droit français ;
3° Tout système régi par le droit d'un pays tiers agissant principalement en monnaie de banque centrale et destiné à exécuter des paiements ou à effectuer le règlement et la livraison d'instruments financiers, auquel une personne régie par le droit français mentionnée au même II est participant direct, lorsque ce système, homologué par arrêté du ministre chargé de l'économie, après avis de la Banque de France, présente un risque systémique et un niveau de sécurité réglementaire et opérationnel équivalent à celui des systèmes régis par le droit français ;
4° Une chambre de compensation reconnue par l'Autorité européenne des marchés financiers, à laquelle une personne régie par le droit français mentionnée audit II est participant direct, lorsque ce système, homologué par arrêté du ministre chargé de l'économie, après avis de la Banque de France, présente un risque systémique.
Les systèmes mentionnés aux 2°, 3° et 4° doivent satisfaire à tout moment aux conditions de leur homologation. Toute modification des conditions de cette homologation doit faire l'objet d'une déclaration auprès du ministre chargé de l'économie. Un arrêté du même ministre définit les modalités de cette déclaration et les conséquences qui peuvent en être tirées.
Un accord d'interopérabilité peut être conclu entre les gestionnaires de deux systèmes ou plus, impliquant entre les participants des systèmes l'exécution de paiements ainsi que, pour ce qui concerne les systèmes de règlement et de livraison d'instruments financiers, la livraison d'instruments financiers. Un tel accord ne constitue pas un système.
II. – Seuls peuvent avoir la qualité de participants d'un système de règlements interbancaires ou d'un système de règlement et de livraison d'instruments financiers :
1° Les établissements de crédit et les entreprises d'investissement ayant leur siège social en France ainsi que les succursales, établies sur le territoire français, d'établissements de crédit ayant leur siège social dans un Etat qui n'est ni membre de l'Union européenne ni partie à l'accord sur l'Espace économique européen ;
2° Les établissements de crédit et les entreprises d'investissement ayant leur siège social ou, à défaut de siège social, leur direction effective dans un Etat membre de l'Union européenne ou dans un Etat partie à l'accord sur l'Espace économique européen autre que la France ;
3° Les adhérents d'une chambre de compensation mentionnés à l'article L. 440-2 ;
4° Les dépositaires centraux agréés ou reconnus en application des articles 16 ou 25 du règlement (UE) n° 909/2014 du Parlement et du Conseil du 23 juillet 2014 concernant l'amélioration du règlement de titres dans l'Union européenne et les dépositaires centraux de titres ;
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Code monétaire et financier - Article L330-1
Partie législative - Les services - Systèmes de règlements interbancaires et systèmes de règlement et de livraison d'instruments financiers. - Systèmes de paiement et systèmes de règlement et de livraison d'instruments financiers
I. – Un système de règlements interbancaires ou de règlement et de livraison d'instruments financiers s'entend d'une procédure nationale ou internationale organisant les relations entre trois participants au moins, sans compter le gestionnaire du système, défini au 5° du II du présent article, ni d'éventuels participants indirects, définis au dernier alinéa du même II, permettant conformément à des règles communes et des procédures normalisées au sens de la directive 98/26/ CE du Parlement européen et du Conseil du 19 mai 1998 concernant le caractère définitif du règlement dans les systèmes de paiement et de règlement des opérations sur titres, l'exécution à titre habituel, par compensation ou non, de paiements ainsi que, pour ce qui concerne les systèmes de règlement et de livraison d'instruments financiers, la livraison d'instruments financiers entre lesdits participants.
Le système doit soit avoir été institué par une autorité publique, soit être régi par une convention-cadre respectant les principes généraux d'une convention-cadre de place ou par une convention type. Le ministre chargé de l'économie notifie à l'Autorité européenne des marchés financiers la liste des systèmes bénéficiant des articles L. 330-1 et L. 330-2 régis par le droit français et leurs gestionnaires respectifs.
Constitue un système :
1° Tout système désigné en tant que système et notifié à l'Autorité européenne des marchés financiers par l'Etat membre de l'Union européenne ou l'Etat partie à l'accord sur l'Espace économique européen dont la législation est applicable, conformément à la directive 98/26/ CE du Parlement européen et du Conseil du 19 mai 1998 précitée ;
2° Tout système régi par le droit d'un pays tiers destiné à régler des opérations de change en mode paiement contre paiement et en monnaie de banque centrale auquel une personne régie par le droit français mentionnée au II du présent article est participant direct, lorsque ce système, homologué par arrêté du ministre chargé de l'économie, après avis de la Banque de France, présente un risque systémique et un niveau de sécurité réglementaire et opérationnel équivalent à celui des systèmes régis par le droit français ;
3° Tout système régi par le droit d'un pays tiers agissant principalement en monnaie de banque centrale et destiné à exécuter des paiements ou à effectuer le règlement et la livraison d'instruments financiers, auquel une personne régie par le droit français mentionnée au même II est participant direct, lorsque ce système, homologué par arrêté du ministre chargé de l'économie, après avis de la Banque de France, présente un risque systémique et un niveau de sécurité réglementaire et opérationnel équivalent à celui des systèmes régis par le droit français ;
4° Une chambre de compensation reconnue par l'Autorité européenne des marchés financiers, à laquelle une personne régie par le droit français mentionnée audit II est participant direct, lorsque ce système, homologué par arrêté du ministre chargé de l'économie, après avis de la Banque de France, présente un risque systémique.
Les systèmes mentionnés aux 2°, 3° et 4° doivent satisfaire à tout moment aux conditions de leur homologation. Toute modification des conditions de cette homologation doit faire l'objet d'une déclaration auprès du ministre chargé de l'économie. Un arrêté du même ministre définit les modalités de cette déclaration et les conséquences qui peuvent en être tirées.
Un accord d'interopérabilité peut être conclu entre les gestionnaires de deux systèmes ou plus, impliquant entre les participants des systèmes l'exécution de paiements ainsi que, pour ce qui concerne les systèmes de règlement et de livraison d'instruments financiers, la livraison d'instruments financiers. Un tel accord ne constitue pas un système.
II. – Seuls peuvent avoir la qualité de participants d'un système de règlements interbancaires ou d'un système de règlement et de livraison d'instruments financiers :
1° Les établissements de crédit et les entreprises d'investissement ayant leur siège social en France ainsi que les succursales, établies sur le territoire français, d'établissements de crédit ayant leur siège social dans un Etat qui n'est ni membre de l'Union européenne ni partie à l'accord sur l'Espace économique européen ;
2° Les établissements de crédit et les entreprises d'investissement ayant leur siège social ou, à défaut de siège social, leur direction effective dans un Etat membre de l'Union européenne ou dans un Etat partie à l'accord sur l'Espace économique européen autre que la France ;
3° Les adhérents d'une chambre de compensation mentionnés à l'article L. 440-2 ;
4° Les dépositaires centraux agréés ou reconnus en application des articles 16 ou 25 du règlement (UE) n° 909/2014 du Parlement et du Conseil du 23 juillet 2014 concernant l'amélioration du règlement de titres dans l'Union européenne et les dépositaires centraux de titres ;
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LEGIARTI000051558814_1
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LEGIARTI000051558814
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre III : Les services - Titre III : Systèmes de règlements interbancaires et systèmes de règlement et de livraison d'instruments financiers. - Titre III : Systèmes de paiement et systèmes de règlement et de livraison d'instruments financiers
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L330-1
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2025-05-03
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2999-01-01
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5° Les gestionnaires de système de règlements interbancaires ou de règlement et de livraison d'instruments financiers, qui sont les entités responsables de l'exploitation d'un tel système ;
6° Dans les conditions fixées par le règlement général de l'Autorité des marchés financiers, les établissements de crédit et les entreprises d'investissement autres que ceux mentionnés aux 1° et 2°, ainsi que d'autres personnes morales non établies en France ayant une activité comparable à celle des personnes mentionnées du 3° au 5° ainsi qu'aux 7° et 8° ;
7° Les chambres de compensation établies ou reconnues en application des articles 14 ou 25 du règlement (UE) n° 648/2012 du Parlement européen et du Conseil du 4 juillet 2012 sur les produits dérivés de gré à gré, les contreparties centrales et les référentiels centraux ;
8° Les institutions ou entreprises mentionnées à l'article L. 518-1 ;
9° Les organisations ou organismes financiers internationaux, les autres organismes publics ainsi que les entreprises contrôlées opérant sous garantie d'un Etat, qui ne sont pas des personnes mentionnées aux 1° à 8°, désignés sur une base individuelle ou par catégorie par un arrêté du ministre chargé de l'économie, ainsi que les banques centrales ;
10° Les organismes et entreprises, autres que les personnes mentionnées aux 1° à 9°, supervisés par l'Autorité des marchés financiers, l'Autorité de contrôle prudentiel et de résolution ou une autorité homologue d'un autre Etat membre de l'Union européenne ou partie à l'accord sur l'Espace économique européen, à condition, d'une part, que leur participation soit justifiée au regard du risque systémique et, d'autre part, qu'au moins trois participants au système concerné entrent dans les catégories des établissements de crédit, des entreprises d'investissement, des organismes publics ou des entreprises contrôlées opérant sous garantie de l'Etat. Ces conditions sont précisées par décret ;
11° Les établissements de paiement, à l'exception de ceux bénéficiant d'un agrément simplifié en application de l'article L. 522-11-1 et des personnes physiques ou morales mentionnées au II de l'article L. 522-1 et à la condition qu'ils soient exclus de la participation à un système de règlement et de livraison d'instruments financiers ;
12° Les établissements de monnaie électronique, à l'exception de ceux bénéficiant d'un agrément simplifié en application de l'article L. 526-19 et à la condition qu'ils soient exclus de la participation à un système de règlement et de livraison d'instruments financiers.
L'accès des établissements de crédit et des entreprises d'investissement ayant leur siège social ou, à défaut de siège social, leur direction effective dans un autre Etat membre de l'Union européenne ou un autre Etat partie à l'accord sur l'Espace économique européen est soumis aux mêmes critères non discriminatoires, transparents et objectifs que ceux qui s'appliquent aux participants ayant leur siège social en France.
Un système de règlement et de livraison d'instruments financiers peut refuser, pour des raisons commerciales légitimes, l'accès d'un établissement de crédit ou d'une entreprise d'investissement ayant leur siège social ou, à défaut de siège social, leur direction effective dans un autre Etat membre de l'Union européenne ou un autre Etat partie à l'accord sur l'Espace économique européen.
Lorsqu'une procédure de sauvegarde, de redressement ou de liquidation judiciaire est ouverte à l'encontre d'un participant à un système de règlement interbancaire ou de règlement et de livraison d'instruments financiers mentionné aux 1°, 2°, 3° ou 4° du I, les droits et obligations découlant de sa participation ou liés à cette participation audit système sont déterminés par la loi qui régit le système. S'agissant des systèmes mentionnés au 1° du même I, l'application, par le juge ou par toute autorité d'un Etat tiers, d'une loi autre que celle qui régit le système est de nature à faire échec à la reconnaissance et à l'exécution en France de la décision étrangère.
Les institutions mentionnées du 1° à 12° peuvent avoir la qualité de participant indirect dans l'un des systèmes mentionnés au I lorsque leurs instructions de paiement ou de livraison d'instruments financiers sont introduites dans le système par l'intermédiaire d'un participant direct. Les relations entre un participant indirect et le participant direct par l'intermédiaire duquel le participant indirect introduit ses instructions dans le système font l'objet d'un contrat. Les stipulations de ce contrat ne peuvent limiter la responsabilité incombant au participant direct au titre des ordres qu'il introduit pour le compte du participant indirect. Le participant indirect doit être connu du gestionnaire du système.
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Code monétaire et financier - Article L330-1
Partie législative - Les services - Systèmes de règlements interbancaires et systèmes de règlement et de livraison d'instruments financiers. - Systèmes de paiement et systèmes de règlement et de livraison d'instruments financiers
5° Les gestionnaires de système de règlements interbancaires ou de règlement et de livraison d'instruments financiers, qui sont les entités responsables de l'exploitation d'un tel système ;
6° Dans les conditions fixées par le règlement général de l'Autorité des marchés financiers, les établissements de crédit et les entreprises d'investissement autres que ceux mentionnés aux 1° et 2°, ainsi que d'autres personnes morales non établies en France ayant une activité comparable à celle des personnes mentionnées du 3° au 5° ainsi qu'aux 7° et 8° ;
7° Les chambres de compensation établies ou reconnues en application des articles 14 ou 25 du règlement (UE) n° 648/2012 du Parlement européen et du Conseil du 4 juillet 2012 sur les produits dérivés de gré à gré, les contreparties centrales et les référentiels centraux ;
8° Les institutions ou entreprises mentionnées à l'article L. 518-1 ;
9° Les organisations ou organismes financiers internationaux, les autres organismes publics ainsi que les entreprises contrôlées opérant sous garantie d'un Etat, qui ne sont pas des personnes mentionnées aux 1° à 8°, désignés sur une base individuelle ou par catégorie par un arrêté du ministre chargé de l'économie, ainsi que les banques centrales ;
10° Les organismes et entreprises, autres que les personnes mentionnées aux 1° à 9°, supervisés par l'Autorité des marchés financiers, l'Autorité de contrôle prudentiel et de résolution ou une autorité homologue d'un autre Etat membre de l'Union européenne ou partie à l'accord sur l'Espace économique européen, à condition, d'une part, que leur participation soit justifiée au regard du risque systémique et, d'autre part, qu'au moins trois participants au système concerné entrent dans les catégories des établissements de crédit, des entreprises d'investissement, des organismes publics ou des entreprises contrôlées opérant sous garantie de l'Etat. Ces conditions sont précisées par décret ;
11° Les établissements de paiement, à l'exception de ceux bénéficiant d'un agrément simplifié en application de l'article L. 522-11-1 et des personnes physiques ou morales mentionnées au II de l'article L. 522-1 et à la condition qu'ils soient exclus de la participation à un système de règlement et de livraison d'instruments financiers ;
12° Les établissements de monnaie électronique, à l'exception de ceux bénéficiant d'un agrément simplifié en application de l'article L. 526-19 et à la condition qu'ils soient exclus de la participation à un système de règlement et de livraison d'instruments financiers.
L'accès des établissements de crédit et des entreprises d'investissement ayant leur siège social ou, à défaut de siège social, leur direction effective dans un autre Etat membre de l'Union européenne ou un autre Etat partie à l'accord sur l'Espace économique européen est soumis aux mêmes critères non discriminatoires, transparents et objectifs que ceux qui s'appliquent aux participants ayant leur siège social en France.
Un système de règlement et de livraison d'instruments financiers peut refuser, pour des raisons commerciales légitimes, l'accès d'un établissement de crédit ou d'une entreprise d'investissement ayant leur siège social ou, à défaut de siège social, leur direction effective dans un autre Etat membre de l'Union européenne ou un autre Etat partie à l'accord sur l'Espace économique européen.
Lorsqu'une procédure de sauvegarde, de redressement ou de liquidation judiciaire est ouverte à l'encontre d'un participant à un système de règlement interbancaire ou de règlement et de livraison d'instruments financiers mentionné aux 1°, 2°, 3° ou 4° du I, les droits et obligations découlant de sa participation ou liés à cette participation audit système sont déterminés par la loi qui régit le système. S'agissant des systèmes mentionnés au 1° du même I, l'application, par le juge ou par toute autorité d'un Etat tiers, d'une loi autre que celle qui régit le système est de nature à faire échec à la reconnaissance et à l'exécution en France de la décision étrangère.
Les institutions mentionnées du 1° à 12° peuvent avoir la qualité de participant indirect dans l'un des systèmes mentionnés au I lorsque leurs instructions de paiement ou de livraison d'instruments financiers sont introduites dans le système par l'intermédiaire d'un participant direct. Les relations entre un participant indirect et le participant direct par l'intermédiaire duquel le participant indirect introduit ses instructions dans le système font l'objet d'un contrat. Les stipulations de ce contrat ne peuvent limiter la responsabilité incombant au participant direct au titre des ordres qu'il introduit pour le compte du participant indirect. Le participant indirect doit être connu du gestionnaire du système.
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LEGIARTI000051558814_2
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LEGIARTI000051558814
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre III : Les services - Titre III : Systèmes de règlements interbancaires et systèmes de règlement et de livraison d'instruments financiers. - Titre III : Systèmes de paiement et systèmes de règlement et de livraison d'instruments financiers
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L330-1
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2025-05-03
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2999-01-01
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III. – Les instructions et opérations de compensation introduites dans l'un des systèmes mentionnés au I produisent leurs effets en droit et sont opposables aux tiers, y compris si elles ont été introduites avant l'expiration du jour ouvrable où est rendu un jugement d'ouverture de sauvegarde, de redressement ou de liquidation judiciaires ou une procédure d'un Etat membre ou d'un pays tiers ayant un effet comparable à celui de ces procédures à l'encontre d'un participant direct ou indirect et ce nonobstant toute disposition législative contraire et toute mention contraire de ce jugement. Le jour ouvrable est défini, nonobstant les dispositions de l'article L. 133-4, par les règles de fonctionnement du système. Cessent de produire leurs effets en droit et d'être opposables aux tiers les instructions qui ne sont pas devenues irrévocables au moment où le jugement est notifié au gestionnaire du système ou au moment où celui-ci en est informé par l'Autorité de contrôle prudentiel et de résolution dans des conditions fixées par décret en Conseil d'Etat.
IV. – Les dispositions du présent article sont également applicables dans le cas où la procédure de sauvegarde, de redressement ou de liquidation judiciaires ou une procédure d'un Etat membre ou d'un pays tiers ayant un effet comparable à celui de ces procédures a été ouverte à l'encontre d'un participant à un autre système lié par un accord d'interopérabilité ou du gestionnaire d'un système interopérable qui n'est pas un participant.
Le moment et les modalités selon lesquels une instruction est considérée comme introduite dans un système sont définis par les règles de fonctionnement de ce système, qui doivent également définir le moment et les modalités selon lesquels une instruction est considérée comme irrévocable dans le système.
Dans le cas de systèmes liés par un accord d'interopérabilité, chaque système détermine dans ses propres règles le moment de l'introduction dans son système et le moment de l'irrévocabilité afin de coordonner les règles de tous les systèmes interopérables concernés. Sauf disposition contraire expresse des règles de l'ensemble des systèmes liés par des contrats d'interopérabilité, les règles relatives au moment de l'introduction et celles relatives au moment de l'irrévocabilité propres à un système ne sont affectées par aucune règle des autres systèmes avec lesquels il est interopérable.
Lorsqu'un gestionnaire d'un système a fourni une garantie à un autre gestionnaire de système dans le cadre d'un accord d'interopérabilité entre les deux systèmes, les droits de celui qui a constitué la garantie ne sont pas affectés par l'ouverture d'une procédure de sauvegarde, de redressement ou de liquidation judiciaires ou une procédure d'un Etat membre ou d'un pays tiers ayant un effet comparable à celui de ces procédures à l'encontre du gestionnaire de système qui a reçu la garantie.
V. – Aucun jugement ni aucune décision émanant d'un Etat tiers et rendu contrairement aux III ou IV, en ce qui concerne un système mentionné au 1° du I, ne peut obtenir reconnaissance ni recevoir exécution en France pour sa partie contraire aux III ou IV.
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Code monétaire et financier - Article L330-1
Partie législative - Les services - Systèmes de règlements interbancaires et systèmes de règlement et de livraison d'instruments financiers. - Systèmes de paiement et systèmes de règlement et de livraison d'instruments financiers
III. – Les instructions et opérations de compensation introduites dans l'un des systèmes mentionnés au I produisent leurs effets en droit et sont opposables aux tiers, y compris si elles ont été introduites avant l'expiration du jour ouvrable où est rendu un jugement d'ouverture de sauvegarde, de redressement ou de liquidation judiciaires ou une procédure d'un Etat membre ou d'un pays tiers ayant un effet comparable à celui de ces procédures à l'encontre d'un participant direct ou indirect et ce nonobstant toute disposition législative contraire et toute mention contraire de ce jugement. Le jour ouvrable est défini, nonobstant les dispositions de l'article L. 133-4, par les règles de fonctionnement du système. Cessent de produire leurs effets en droit et d'être opposables aux tiers les instructions qui ne sont pas devenues irrévocables au moment où le jugement est notifié au gestionnaire du système ou au moment où celui-ci en est informé par l'Autorité de contrôle prudentiel et de résolution dans des conditions fixées par décret en Conseil d'Etat.
IV. – Les dispositions du présent article sont également applicables dans le cas où la procédure de sauvegarde, de redressement ou de liquidation judiciaires ou une procédure d'un Etat membre ou d'un pays tiers ayant un effet comparable à celui de ces procédures a été ouverte à l'encontre d'un participant à un autre système lié par un accord d'interopérabilité ou du gestionnaire d'un système interopérable qui n'est pas un participant.
Le moment et les modalités selon lesquels une instruction est considérée comme introduite dans un système sont définis par les règles de fonctionnement de ce système, qui doivent également définir le moment et les modalités selon lesquels une instruction est considérée comme irrévocable dans le système.
Dans le cas de systèmes liés par un accord d'interopérabilité, chaque système détermine dans ses propres règles le moment de l'introduction dans son système et le moment de l'irrévocabilité afin de coordonner les règles de tous les systèmes interopérables concernés. Sauf disposition contraire expresse des règles de l'ensemble des systèmes liés par des contrats d'interopérabilité, les règles relatives au moment de l'introduction et celles relatives au moment de l'irrévocabilité propres à un système ne sont affectées par aucune règle des autres systèmes avec lesquels il est interopérable.
Lorsqu'un gestionnaire d'un système a fourni une garantie à un autre gestionnaire de système dans le cadre d'un accord d'interopérabilité entre les deux systèmes, les droits de celui qui a constitué la garantie ne sont pas affectés par l'ouverture d'une procédure de sauvegarde, de redressement ou de liquidation judiciaires ou une procédure d'un Etat membre ou d'un pays tiers ayant un effet comparable à celui de ces procédures à l'encontre du gestionnaire de système qui a reçu la garantie.
V. – Aucun jugement ni aucune décision émanant d'un Etat tiers et rendu contrairement aux III ou IV, en ce qui concerne un système mentionné au 1° du I, ne peut obtenir reconnaissance ni recevoir exécution en France pour sa partie contraire aux III ou IV.
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LEGIARTI000038156578
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie législative - Première partie : Les relations individuelles de travail - Livre II : Le contrat de travail - Titre VI : Salariés détachés temporairement par une entreprise non établie en France - Chapitre IV : Dispositions pénales. - Chapitre IV : Amendes administratives.
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L1264-1
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2020-07-30
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2999-01-01
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Conformément aux dispositions des I et II de l'article 7 de l'ordonnance n° 2019-116 du 20 février 2019, ces dispositions entrent en vigueur le 30 juillet 2020.
Se reporter aux modalités d'application prévues au II de l'article 7 de l'ordonnance n° 2019-116 du 20 février 2019 ainsi qu'au III de l'article 25 de la loi n° 2021-1308 du 8 octobre 2021.
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La méconnaissance par l'employeur qui détache un ou plusieurs salariés d'une des obligations mentionnées à l'article L. 1262-2-1, au troisième alinéa du II de l'article L. 1262-4, à l'article L. 1262-4-4 ou à l'article L. 1263-7 est passible d'une amende administrative, dans les conditions prévues à l'article L. 1264-3.
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Code du travail - Article L1264-1
Partie législative - Les relations individuelles de travail - Le contrat de travail - Salariés détachés temporairement par une entreprise non établie en France - Dispositions pénales. - Amendes administratives.
La méconnaissance par l'employeur qui détache un ou plusieurs salariés d'une des obligations mentionnées à l'article L. 1262-2-1, au troisième alinéa du II de l'article L. 1262-4, à l'article L. 1262-4-4 ou à l'article L. 1263-7 est passible d'une amende administrative, dans les conditions prévues à l'article L. 1264-3.
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LEGIARTI000022875769_0
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LEGIARTI000022875769
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Article
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CODE
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VIGUEUR
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Code de la santé publique
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Code de la santé publique
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Partie réglementaire - Sixième partie : Etablissements et services de santé - Livre Ier : Etablissements de santé - Titre V : Personnels médicaux et pharmaceutiques - Chapitre II : Praticiens hospitaliers - Section 1 : Statut des praticiens hospitaliers à temps plein - Section 1 : Statut des praticiens hospitaliers - Sous-section 6 : Exercice de fonctions - Positions - Paragraphe 6 : Disponibilité.
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R6152-68
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2010-10-01
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2999-01-01
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Le poste libéré par un praticien placé en disponibilité est déclaré vacant lorsque la disponibilité excède six mois. Lorsque l'intéressé désire être réintégré avant l'achèvement d'une période de disponibilité, il doit en faire la demande au moins deux mois à l'avance.
A l'issue de sa mise en disponibilité le praticien est réintégré dans les conditions fixées à l'article R. 6152-59.
S'il n'a pu être réintégré, il est placé en disponibilité d'office dans les conditions fixées à l'article R. 6152-63.
Au cas où à l'expiration d'une période de disponibilité un praticien n'a ni repris ses fonctions, ni obtenu une prolongation de sa disponibilité, il est rayé des cadres.
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Code de la santé publique - Article R6152-68
Partie réglementaire - Etablissements et services de santé - Etablissements de santé - Personnels médicaux et pharmaceutiques - Praticiens hospitaliers - Statut des praticiens hospitaliers à temps plein - Statut des praticiens hospitaliers - Exercice de fonctions - Positions - Disponibilité.
Le poste libéré par un praticien placé en disponibilité est déclaré vacant lorsque la disponibilité excède six mois. Lorsque l'intéressé désire être réintégré avant l'achèvement d'une période de disponibilité, il doit en faire la demande au moins deux mois à l'avance.
A l'issue de sa mise en disponibilité le praticien est réintégré dans les conditions fixées à l'article R. 6152-59.
S'il n'a pu être réintégré, il est placé en disponibilité d'office dans les conditions fixées à l'article R. 6152-63.
Au cas où à l'expiration d'une période de disponibilité un praticien n'a ni repris ses fonctions, ni obtenu une prolongation de sa disponibilité, il est rayé des cadres.
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LEGIARTI000051555545_0
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LEGIARTI000051555545
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Article
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CODE
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ABROGE_DIFF
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VI : Les institutions en matière bancaire et financière - Titre II : L'Autorité des marchés financiers - Chapitre unique : L'Autorité des marchés financiers - Section 3 : Règles de fonctionnement
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L621-5-3
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2025-05-03
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2026-07-01
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I. – Il est institué un droit fixe dû par les personnes soumises au contrôle de l'Autorité des marchés financiers, lorsque la législation ou la réglementation le prévoit, dans les cas suivants :
1° A l'occasion de la publication par l'Autorité des marchés financiers d'une déclaration faite par une personne agissant seule ou de concert en application du II ou du VII de l'article L. 233-7 du code de commerce ou de l'article L. 233-11 du même code, le droit dû, fixé par décret, est supérieur à 500 euros et inférieur ou égal à 1 000 euros. Il est exigible le jour de la publication de la déclaration ;
2° A l'occasion de l'examen de l'obligation de dépôt d'une offre publique mentionnée au I de l'article L. 433-1 et au 3° du I de l'article L. 433-4, le droit dû, fixé par décret, est supérieur à 2 000 euros et inférieur ou égal à 4 000 euros. Il est exigible le jour de la publication de la décision de l'Autorité des marchés financiers ;
3° A l'occasion de la soumission par un émetteur, autre qu'un organisme de financement au sens de l'article L. 214-166-1 du présent code, d'un document d'information sur un programme d'émission, une émission, une cession ou une admission d'instruments financiers mentionnés au 2 du II ou au III de l'article L. 211-1 donnant lieu à l'approbation préalable de l'Autorité des marchés financiers en application du règlement (UE) n° 2017/1129 du 14 juin 2017, le droit dû, fixé par décret, est supérieur à 2 000 euros et inférieur ou égal à 10 000 euros. Il est exigible le jour du dépôt du document ;
4° A l'occasion d'une notification ou d'une autorisation de commercialisation en France d'un placement collectif de droit étranger ou d'un fonds d'investissement de droit étranger ou d'un compartiment d'un tel placement collectif ou fonds d'investissement, le droit dû, fixé par décret, est supérieur à 1 000 euros et inférieur ou égal à 4 000 euros ;
5° A l'occasion du dépôt auprès de l'Autorité des marchés financiers des projets de documents d'information et de contrat type mentionnés à l'article L. 551-3 conformes aux articles L. 551-1 à L. 551-5, le droit dû, fixé par décret, est supérieur à 6 000 euros et inférieur ou égal à 15 000 euros ;
6° A l'occasion de la notification d'un livre blanc prévue à l'article 8 du règlement (UE) 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs, le droit dû, fixé par décret, est supérieur à 1 500 euros et inférieur ou égal à 7 000 euros. Il est acquitté dans un délai de six mois à compter de la date de notification du livre blanc auprès de l'Autorité des marchés financiers ;
7° (Abrogé).
II. – Il est institué une contribution due par les personnes soumises au contrôle de l'Autorité des marchés financiers, lorsque la législation ou la réglementation le prévoit, dans les cas suivants :
1° A l'occasion de toute offre publique mentionnée aux articles L. 433-1 à L. 433-5, la contribution est la somme, d'une part, d'un droit fixé à 10 000 euros et, d'autre part, d'un montant égal à la valeur des instruments financiers achetés, échangés, présentés ou indemnisés, multipliée par un taux, fixé par décret, qui ne peut être supérieur à 0,30 pour mille lorsque l'opération est réalisée sur des titres donnant ou pouvant donner accès directement ou indirectement au capital ou aux droits de vote, et à 0,15 pour mille dans les autres cas, dans des conditions prévues par décret.
Cette contribution est exigible de tout initiateur d'une offre, quel qu'en soit le résultat, le jour de la publication des résultats de l'opération ;
2° A l'occasion de la soumission par un émetteur, à l'exception des placements collectifs mentionnés à l'article L. 214-86, d'un document d'information sur une émission ou une cession dans le public de parts sociales ou de certificats mutualistes au visa préalable de l'Autorité des marchés financiers en application du règlement général de l'Autorité des marchés financiers, cette contribution est assise sur la valeur, des parts sociales ou des certificats mutualistes émis ou cédés pendant la durée de validité du visa de douze mois à compter de la publication du visa. Son taux est fixé par décret et ne peut excéder 0,25 pour mille et son montant ne peut être inférieur à 1 000 euros. Cette contribution est exigible à l'expiration du délai de validité du visa ;
3° A l'occasion de la mise en œuvre d'un programme de rachat par un émetteur redevable de la contribution sur la capitalisation boursière prévue au II bis du présent article.
Cette contribution est exigible le 1er janvier de chaque année et est assise sur le montant brut annuel des rachats effectués au cours de l'année civile précédente. Son taux est fixé par décret et ne peut excéder 0,25 pour mille. Son montant ne peut être inférieur à 1 000 euros ;
4° Dans le cadre du contrôle des personnes suivantes, cette contribution est calculée comme suit :
|
Code monétaire et financier - Article L621-5-3
Partie législative - Les institutions en matière bancaire et financière - L'Autorité des marchés financiers - L'Autorité des marchés financiers - Règles de fonctionnement
I. – Il est institué un droit fixe dû par les personnes soumises au contrôle de l'Autorité des marchés financiers, lorsque la législation ou la réglementation le prévoit, dans les cas suivants :
1° A l'occasion de la publication par l'Autorité des marchés financiers d'une déclaration faite par une personne agissant seule ou de concert en application du II ou du VII de l'article L. 233-7 du code de commerce ou de l'article L. 233-11 du même code, le droit dû, fixé par décret, est supérieur à 500 euros et inférieur ou égal à 1 000 euros. Il est exigible le jour de la publication de la déclaration ;
2° A l'occasion de l'examen de l'obligation de dépôt d'une offre publique mentionnée au I de l'article L. 433-1 et au 3° du I de l'article L. 433-4, le droit dû, fixé par décret, est supérieur à 2 000 euros et inférieur ou égal à 4 000 euros. Il est exigible le jour de la publication de la décision de l'Autorité des marchés financiers ;
3° A l'occasion de la soumission par un émetteur, autre qu'un organisme de financement au sens de l'article L. 214-166-1 du présent code, d'un document d'information sur un programme d'émission, une émission, une cession ou une admission d'instruments financiers mentionnés au 2 du II ou au III de l'article L. 211-1 donnant lieu à l'approbation préalable de l'Autorité des marchés financiers en application du règlement (UE) n° 2017/1129 du 14 juin 2017, le droit dû, fixé par décret, est supérieur à 2 000 euros et inférieur ou égal à 10 000 euros. Il est exigible le jour du dépôt du document ;
4° A l'occasion d'une notification ou d'une autorisation de commercialisation en France d'un placement collectif de droit étranger ou d'un fonds d'investissement de droit étranger ou d'un compartiment d'un tel placement collectif ou fonds d'investissement, le droit dû, fixé par décret, est supérieur à 1 000 euros et inférieur ou égal à 4 000 euros ;
5° A l'occasion du dépôt auprès de l'Autorité des marchés financiers des projets de documents d'information et de contrat type mentionnés à l'article L. 551-3 conformes aux articles L. 551-1 à L. 551-5, le droit dû, fixé par décret, est supérieur à 6 000 euros et inférieur ou égal à 15 000 euros ;
6° A l'occasion de la notification d'un livre blanc prévue à l'article 8 du règlement (UE) 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs, le droit dû, fixé par décret, est supérieur à 1 500 euros et inférieur ou égal à 7 000 euros. Il est acquitté dans un délai de six mois à compter de la date de notification du livre blanc auprès de l'Autorité des marchés financiers ;
7° (Abrogé).
II. – Il est institué une contribution due par les personnes soumises au contrôle de l'Autorité des marchés financiers, lorsque la législation ou la réglementation le prévoit, dans les cas suivants :
1° A l'occasion de toute offre publique mentionnée aux articles L. 433-1 à L. 433-5, la contribution est la somme, d'une part, d'un droit fixé à 10 000 euros et, d'autre part, d'un montant égal à la valeur des instruments financiers achetés, échangés, présentés ou indemnisés, multipliée par un taux, fixé par décret, qui ne peut être supérieur à 0,30 pour mille lorsque l'opération est réalisée sur des titres donnant ou pouvant donner accès directement ou indirectement au capital ou aux droits de vote, et à 0,15 pour mille dans les autres cas, dans des conditions prévues par décret.
Cette contribution est exigible de tout initiateur d'une offre, quel qu'en soit le résultat, le jour de la publication des résultats de l'opération ;
2° A l'occasion de la soumission par un émetteur, à l'exception des placements collectifs mentionnés à l'article L. 214-86, d'un document d'information sur une émission ou une cession dans le public de parts sociales ou de certificats mutualistes au visa préalable de l'Autorité des marchés financiers en application du règlement général de l'Autorité des marchés financiers, cette contribution est assise sur la valeur, des parts sociales ou des certificats mutualistes émis ou cédés pendant la durée de validité du visa de douze mois à compter de la publication du visa. Son taux est fixé par décret et ne peut excéder 0,25 pour mille et son montant ne peut être inférieur à 1 000 euros. Cette contribution est exigible à l'expiration du délai de validité du visa ;
3° A l'occasion de la mise en œuvre d'un programme de rachat par un émetteur redevable de la contribution sur la capitalisation boursière prévue au II bis du présent article.
Cette contribution est exigible le 1er janvier de chaque année et est assise sur le montant brut annuel des rachats effectués au cours de l'année civile précédente. Son taux est fixé par décret et ne peut excéder 0,25 pour mille. Son montant ne peut être inférieur à 1 000 euros ;
4° Dans le cadre du contrôle des personnes suivantes, cette contribution est calculée comme suit :
|
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LEGIARTI000051555545_1
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LEGIARTI000051555545
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Article
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CODE
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ABROGE_DIFF
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VI : Les institutions en matière bancaire et financière - Titre II : L'Autorité des marchés financiers - Chapitre unique : L'Autorité des marchés financiers - Section 3 : Règles de fonctionnement
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L621-5-3
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2025-05-03
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2026-07-01
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4° Dans le cadre du contrôle des personnes suivantes, cette contribution est calculée comme suit :
a) Pour les entreprises d'investissement et les établissements de crédit agréés en France au 1er janvier pour fournir au moins un service d'investissement mentionné à l'article L. 321-1, autre que celui mentionné au 4 du même article L. 321-1, ou habilités à la même date pour fournir le service connexe mentionné au 1 de l'article L. 321-2, la contribution est égale à un montant fixé par décret, supérieur à 10 000 euros et inférieur ou égal à 60 000 euros ;
Par dérogation au premier alinéa du présent a, pour les entreprises d'investissement et les établissements de crédit uniquement habilités à fournir les services d'investissement mentionnés aux 1 et 5 de l'article L. 321-1, la contribution est égale à un montant fixé par décret, supérieur à 5 000 euros et inférieur ou égal à 15 000 euros ;
b) Pour les succursales d'entreprises d'investissement et d'établissements de crédit de pays tiers agréées en France au 1er janvier pour fournir au moins un service d'investissement mentionné à l'article L. 321-1 ou agréées à la même date pour fournir le service connexe mentionné au 1 de l'article L. 321-2, la contribution est égale à un montant fixé par décret, supérieur à 10 000 euros et inférieur ou égal à 60 000 euros ;
Par dérogation au premier alinéa du présent b, pour les succursales d'entreprises d'investissement et d'établissements de crédit uniquement habilitées à fournir les services d'investissement mentionnés aux 1 et 5 de l'article L. 321-1, la contribution est égale à un montant fixé par décret, supérieur à 5 000 euros et inférieur ou égal à 15 000 euros ;
c) Pour les entreprises d'investissement et les établissements de crédit habilités à fournir en libre établissement en France, au 1er janvier, au moins un service d'investissement mentionné à l'article L. 321-1 ou habilités à la même date à fournir le service connexe mentionné au 1 de l'article L. 321-2, la contribution est égale à un montant fixé par décret, supérieur à 5 000 euros et inférieur ou égal à 40 000 euros ;
Par dérogation au premier alinéa du présent c, pour les entreprises d'investissement et les établissements de crédit uniquement habilités à fournir les services d'investissement mentionnés aux 1 et 5 de l'article L. 321-1, la contribution est égale à un montant fixé par décret, supérieur à 3 000 euros et inférieur ou égal à 12 000 euros ;
d) Pour les entreprises d'investissement et les établissements de crédit agréés en France pour fournir le service d'investissement mentionné au 4 de l'article L. 321-1, la contribution est fixée à un montant égal à l'encours des actifs gérés sous mandat, quel que soit le pays où les actifs sont conservés ou inscrits en compte, multiplié par un taux fixé par décret qui ne peut excéder 0,015 pour mille, sans pouvoir être inférieure à 1 500 euros. Les encours sont calculés au 31 décembre de l'année précédente ;
e) Pour les sociétés de gestion de placements collectifs mentionnées à l'article L. 543-1 et les placements collectifs n'ayant pas délégué globalement la gestion de leur portefeuille au sens des articles L. 214-7-1 et L. 214-24 agréés en France, la contribution est fixée à un montant égal à l'encours des parts, des actions ou des titres de créance émis par les placements collectifs de droit français et de droit étranger et les fonds d'investissement de droit étranger, et des actifs gérés sous mandat, quel que soit le pays où les actifs sont conservés ou inscrits en compte, multiplié par des taux fixés par décret qui ne peuvent excéder 0,015 pour mille, sans pouvoir être inférieure à 1 500 euros. Les encours sont calculés au 31 décembre de l'année précédente.
Par dérogation au premier alinéa du présent e, pour les personnes morales qui gèrent des fonds d'investissement alternatifs mentionnés au 3° du III du même article L. 214-24, la contribution est égale à un montant fixé par décret, supérieur à 1 000 euros et inférieur ou égal à 2 000 euros ;
f) Pour les sociétés de gestion mentionnées aux articles L. 532-20-1 et L. 532-21-3, la contribution est fixée à un montant égal à l'encours global des parts ou des actions des organismes de placement collectif en valeurs mobilières ou fonds d'investissement alternatifs de droit français qu'elles gèrent, multiplié par un taux fixé par décret qui ne peut excéder 0,015 pour mille, sans pouvoir être inférieure à 1 500 euros. Les encours sont calculés au 31 décembre de l'année précédente ;
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Code monétaire et financier - Article L621-5-3
Partie législative - Les institutions en matière bancaire et financière - L'Autorité des marchés financiers - L'Autorité des marchés financiers - Règles de fonctionnement
4° Dans le cadre du contrôle des personnes suivantes, cette contribution est calculée comme suit :
a) Pour les entreprises d'investissement et les établissements de crédit agréés en France au 1er janvier pour fournir au moins un service d'investissement mentionné à l'article L. 321-1, autre que celui mentionné au 4 du même article L. 321-1, ou habilités à la même date pour fournir le service connexe mentionné au 1 de l'article L. 321-2, la contribution est égale à un montant fixé par décret, supérieur à 10 000 euros et inférieur ou égal à 60 000 euros ;
Par dérogation au premier alinéa du présent a, pour les entreprises d'investissement et les établissements de crédit uniquement habilités à fournir les services d'investissement mentionnés aux 1 et 5 de l'article L. 321-1, la contribution est égale à un montant fixé par décret, supérieur à 5 000 euros et inférieur ou égal à 15 000 euros ;
b) Pour les succursales d'entreprises d'investissement et d'établissements de crédit de pays tiers agréées en France au 1er janvier pour fournir au moins un service d'investissement mentionné à l'article L. 321-1 ou agréées à la même date pour fournir le service connexe mentionné au 1 de l'article L. 321-2, la contribution est égale à un montant fixé par décret, supérieur à 10 000 euros et inférieur ou égal à 60 000 euros ;
Par dérogation au premier alinéa du présent b, pour les succursales d'entreprises d'investissement et d'établissements de crédit uniquement habilitées à fournir les services d'investissement mentionnés aux 1 et 5 de l'article L. 321-1, la contribution est égale à un montant fixé par décret, supérieur à 5 000 euros et inférieur ou égal à 15 000 euros ;
c) Pour les entreprises d'investissement et les établissements de crédit habilités à fournir en libre établissement en France, au 1er janvier, au moins un service d'investissement mentionné à l'article L. 321-1 ou habilités à la même date à fournir le service connexe mentionné au 1 de l'article L. 321-2, la contribution est égale à un montant fixé par décret, supérieur à 5 000 euros et inférieur ou égal à 40 000 euros ;
Par dérogation au premier alinéa du présent c, pour les entreprises d'investissement et les établissements de crédit uniquement habilités à fournir les services d'investissement mentionnés aux 1 et 5 de l'article L. 321-1, la contribution est égale à un montant fixé par décret, supérieur à 3 000 euros et inférieur ou égal à 12 000 euros ;
d) Pour les entreprises d'investissement et les établissements de crédit agréés en France pour fournir le service d'investissement mentionné au 4 de l'article L. 321-1, la contribution est fixée à un montant égal à l'encours des actifs gérés sous mandat, quel que soit le pays où les actifs sont conservés ou inscrits en compte, multiplié par un taux fixé par décret qui ne peut excéder 0,015 pour mille, sans pouvoir être inférieure à 1 500 euros. Les encours sont calculés au 31 décembre de l'année précédente ;
e) Pour les sociétés de gestion de placements collectifs mentionnées à l'article L. 543-1 et les placements collectifs n'ayant pas délégué globalement la gestion de leur portefeuille au sens des articles L. 214-7-1 et L. 214-24 agréés en France, la contribution est fixée à un montant égal à l'encours des parts, des actions ou des titres de créance émis par les placements collectifs de droit français et de droit étranger et les fonds d'investissement de droit étranger, et des actifs gérés sous mandat, quel que soit le pays où les actifs sont conservés ou inscrits en compte, multiplié par des taux fixés par décret qui ne peuvent excéder 0,015 pour mille, sans pouvoir être inférieure à 1 500 euros. Les encours sont calculés au 31 décembre de l'année précédente.
Par dérogation au premier alinéa du présent e, pour les personnes morales qui gèrent des fonds d'investissement alternatifs mentionnés au 3° du III du même article L. 214-24, la contribution est égale à un montant fixé par décret, supérieur à 1 000 euros et inférieur ou égal à 2 000 euros ;
f) Pour les sociétés de gestion mentionnées aux articles L. 532-20-1 et L. 532-21-3, la contribution est fixée à un montant égal à l'encours global des parts ou des actions des organismes de placement collectif en valeurs mobilières ou fonds d'investissement alternatifs de droit français qu'elles gèrent, multiplié par un taux fixé par décret qui ne peut excéder 0,015 pour mille, sans pouvoir être inférieure à 1 500 euros. Les encours sont calculés au 31 décembre de l'année précédente ;
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LEGIARTI000051555545_2
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LEGIARTI000051555545
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Article
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CODE
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ABROGE_DIFF
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VI : Les institutions en matière bancaire et financière - Titre II : L'Autorité des marchés financiers - Chapitre unique : L'Autorité des marchés financiers - Section 3 : Règles de fonctionnement
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L621-5-3
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2025-05-03
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2026-07-01
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g) Pour les sociétés de gestion qui gèrent des organismes de placement collectif en valeurs mobilières ou des fonds d'investissement alternatifs et qui sont habilitées à fournir en libre établissement en France, au 1er janvier, au moins un service d'investissement mentionné à l'article L. 321-1, la contribution est égale à un montant fixé par décret, supérieur à 5 000 euros et inférieur ou égal à 40 000 euros. Ce montant est acquitté une seule fois lorsque la société de gestion gère à la fois des organismes de placement collectif en valeurs mobilières et des fonds d'investissement alternatifs ;
Par dérogation au premier alinéa du présent g, pour les sociétés de gestion uniquement habilitées à fournir les services d'investissement mentionnés aux 1 et 5 de l'article L. 321-1, la contribution est égale à un montant fixé par décret, supérieur à 3 000 euros et inférieur ou égal à 12 000 euros ;
h) Pour les dépositaires centraux mentionnés au 1° du I de l'article L. 441-1, entreprises de marché et chambres de compensation d'instruments financiers, la contribution est fixée à un montant égal à leur produit d'exploitation réalisé au cours de l'exercice précédent, multiplié par un taux fixé par décret qui ne peut dépasser 0,9 % ;
i) Pour les administrateurs d'indices de référence mentionnés au 6 du 1 de l'article 3 du règlement (UE) 2016/1011 du Parlement européen et du Conseil du 8 juin 2016 concernant les indices utilisés comme indices de référence dans le cadre d'instruments et de contrats financiers ou pour mesurer la performance de fonds d'investissement et modifiant les directives 2008/48/ CE et 2014/17/ UE et le règlement (UE) n° 596/2014, lorsqu'ils ne sont pas soumis au paiement d'une contribution au titre d'une autre disposition du présent article, la contribution est égale à un montant fixé par décret, supérieur à 400 euros et inférieur ou égal à 1 500 euros ;
j) Pour les prestataires de services de communication de données agréés par l'Autorité des marchés financiers, lorsqu'ils ne sont pas soumis au paiement d'une contribution au titre d'une autre disposition du présent article, la contribution est égale à un montant fixé par décret, supérieur à 400 euros et inférieur ou égal à 1 500 euros ;
k) Pour les conseillers en investissements financiers, la contribution est égale à un montant fixé par décret, supérieur à 400 euros et inférieur ou égal à 1 000 euros ;
l) Pour les prestataires de services de financement participatif agréés en France en application de l'article L. 547-1, la contribution due annuellement est égale à un montant fixé par décret, supérieur à 2 500 euros et inférieur ou égal à 5 000 euros ;
m) Pour les prestataires de services sur actifs numériques enregistrés en France dans les conditions prévues à l'article L. 54-10-3, la contribution est égale à un montant fixé par décret, supérieur à 300 euros et inférieur ou égal à 1 000 euros. Cette contribution est exigible une seule fois et est acquittée dans un délai de six mois à compter de la date de l'enregistrement délivré par l'Autorité des marchés financiers ;
Pour les prestataires de services sur actifs numériques agréés en France dans les conditions prévues à l'article L. 54-10-5, la contribution est égale à un montant fixé par décret, supérieur à 1 500 euros et inférieur ou égal à 7 000 euros. Cette contribution annuelle est acquittée dans un délai de six mois à compter de la date d'octroi de l'agrément par l'Autorité des marchés financiers la première année, puis au plus tard le 30 juin les années suivantes. Le cas échéant, le paiement de ce montant vaut paiement de la contribution liée à l'enregistrement pour fournir au moins un service sur actifs numériques mentionné aux 1° et 2° de l'article L. 54-10-2 lorsque l'enregistrement est demandé simultanément à l'agrément ;
Pour les prestataires de services sur crypto-actifs agréés en France à partir du 30 décembre 2024 pour fournir au moins un service sur crypto-actifs la contribution est égale à un montant fixé par décret, supérieur à 5 000 euros et inférieur ou égal à 15 000 euros. Cette contribution annuelle est acquittée dans un délai de six mois à compter de la date d'octroi de l'agrément par l'Autorité des marchés financiers la première année, puis au plus tard le 30 juin les années suivantes.
Pour les prestataires de services sur crypto-actifs agréés en France pour fournir le service de conservation et l'administration de crypto-actifs pour le compte de clients, une contribution additionnelle est fixée à un montant égal à l'encours des actifs en conservation, quel que soit le pays où les actifs sont conservés, multiplié par un taux fixé par décret qui ne peut excéder 0,015 pour mille, sans pouvoir être inférieure à 1 500 euros. Les encours sont calculés au 31 décembre de l'année précédente.
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Code monétaire et financier - Article L621-5-3
Partie législative - Les institutions en matière bancaire et financière - L'Autorité des marchés financiers - L'Autorité des marchés financiers - Règles de fonctionnement
g) Pour les sociétés de gestion qui gèrent des organismes de placement collectif en valeurs mobilières ou des fonds d'investissement alternatifs et qui sont habilitées à fournir en libre établissement en France, au 1er janvier, au moins un service d'investissement mentionné à l'article L. 321-1, la contribution est égale à un montant fixé par décret, supérieur à 5 000 euros et inférieur ou égal à 40 000 euros. Ce montant est acquitté une seule fois lorsque la société de gestion gère à la fois des organismes de placement collectif en valeurs mobilières et des fonds d'investissement alternatifs ;
Par dérogation au premier alinéa du présent g, pour les sociétés de gestion uniquement habilitées à fournir les services d'investissement mentionnés aux 1 et 5 de l'article L. 321-1, la contribution est égale à un montant fixé par décret, supérieur à 3 000 euros et inférieur ou égal à 12 000 euros ;
h) Pour les dépositaires centraux mentionnés au 1° du I de l'article L. 441-1, entreprises de marché et chambres de compensation d'instruments financiers, la contribution est fixée à un montant égal à leur produit d'exploitation réalisé au cours de l'exercice précédent, multiplié par un taux fixé par décret qui ne peut dépasser 0,9 % ;
i) Pour les administrateurs d'indices de référence mentionnés au 6 du 1 de l'article 3 du règlement (UE) 2016/1011 du Parlement européen et du Conseil du 8 juin 2016 concernant les indices utilisés comme indices de référence dans le cadre d'instruments et de contrats financiers ou pour mesurer la performance de fonds d'investissement et modifiant les directives 2008/48/ CE et 2014/17/ UE et le règlement (UE) n° 596/2014, lorsqu'ils ne sont pas soumis au paiement d'une contribution au titre d'une autre disposition du présent article, la contribution est égale à un montant fixé par décret, supérieur à 400 euros et inférieur ou égal à 1 500 euros ;
j) Pour les prestataires de services de communication de données agréés par l'Autorité des marchés financiers, lorsqu'ils ne sont pas soumis au paiement d'une contribution au titre d'une autre disposition du présent article, la contribution est égale à un montant fixé par décret, supérieur à 400 euros et inférieur ou égal à 1 500 euros ;
k) Pour les conseillers en investissements financiers, la contribution est égale à un montant fixé par décret, supérieur à 400 euros et inférieur ou égal à 1 000 euros ;
l) Pour les prestataires de services de financement participatif agréés en France en application de l'article L. 547-1, la contribution due annuellement est égale à un montant fixé par décret, supérieur à 2 500 euros et inférieur ou égal à 5 000 euros ;
m) Pour les prestataires de services sur actifs numériques enregistrés en France dans les conditions prévues à l'article L. 54-10-3, la contribution est égale à un montant fixé par décret, supérieur à 300 euros et inférieur ou égal à 1 000 euros. Cette contribution est exigible une seule fois et est acquittée dans un délai de six mois à compter de la date de l'enregistrement délivré par l'Autorité des marchés financiers ;
Pour les prestataires de services sur actifs numériques agréés en France dans les conditions prévues à l'article L. 54-10-5, la contribution est égale à un montant fixé par décret, supérieur à 1 500 euros et inférieur ou égal à 7 000 euros. Cette contribution annuelle est acquittée dans un délai de six mois à compter de la date d'octroi de l'agrément par l'Autorité des marchés financiers la première année, puis au plus tard le 30 juin les années suivantes. Le cas échéant, le paiement de ce montant vaut paiement de la contribution liée à l'enregistrement pour fournir au moins un service sur actifs numériques mentionné aux 1° et 2° de l'article L. 54-10-2 lorsque l'enregistrement est demandé simultanément à l'agrément ;
Pour les prestataires de services sur crypto-actifs agréés en France à partir du 30 décembre 2024 pour fournir au moins un service sur crypto-actifs la contribution est égale à un montant fixé par décret, supérieur à 5 000 euros et inférieur ou égal à 15 000 euros. Cette contribution annuelle est acquittée dans un délai de six mois à compter de la date d'octroi de l'agrément par l'Autorité des marchés financiers la première année, puis au plus tard le 30 juin les années suivantes.
Pour les prestataires de services sur crypto-actifs agréés en France pour fournir le service de conservation et l'administration de crypto-actifs pour le compte de clients, une contribution additionnelle est fixée à un montant égal à l'encours des actifs en conservation, quel que soit le pays où les actifs sont conservés, multiplié par un taux fixé par décret qui ne peut excéder 0,015 pour mille, sans pouvoir être inférieure à 1 500 euros. Les encours sont calculés au 31 décembre de l'année précédente.
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LEGIARTI000051555545_3
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LEGIARTI000051555545
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Article
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CODE
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ABROGE_DIFF
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VI : Les institutions en matière bancaire et financière - Titre II : L'Autorité des marchés financiers - Chapitre unique : L'Autorité des marchés financiers - Section 3 : Règles de fonctionnement
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L621-5-3
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2025-05-03
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2026-07-01
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II bis. – Il est institué une contribution, exigible le 1er janvier de chaque année, due, à partir d'un seuil de capitalisation boursière d'un milliard d'euros apprécié au 1er janvier de l'année d'imposition, par les émetteurs français dont les titres de capital sont admis à cette date aux négociations sur un marché réglementé de l'Espace économique européen et par les émetteurs étrangers dont les titres de capital sont admis à cette date aux négociations sur un marché réglementé français lorsque celui-ci est le marché sur lequel le volume des échanges de titres est le plus élevé. Le montant de cette contribution, compris entre 20 000 € et 460 000 €, est fixé en fonction de la capitalisation boursière moyenne de l'émetteur constatée le dernier jour de négociation des trois années précédentes ou, lorsque les titres de capital de l'émetteur sont admis aux négociations sur un marché réglementé depuis moins de trois ans, de sa capitalisation boursière constatée le dernier jour de négociation de l'année précédente. Les tranches du barème progressif de cette contribution, au nombre de six, ainsi que les montants correspondants sont fixés par décret.
II ter. – Il est institué une contribution annuelle due par les prestataires de services d'investissement autres que les sociétés de gestion de portefeuille ayant leur siège en France et habilités au 1er janvier à exercer le service d'investissement mentionné au 3 de l'article L. 321-1. Le redevable de la contribution est le prestataire de services d'investissement, autre qu'une société de gestion de portefeuille, qui établit ses comptes sous forme consolidée, ou, à défaut, celle des entités consolidées du groupe habilitées à exercer le service d'investissement mentionné au même 3 ayant son siège en France dont le montant du produit net bancaire au titre du dernier exercice comptable est le plus élevé. Cette contribution n'est pas due par les prestataires de services d'investissement autres que les sociétés de gestion de portefeuille compris dans le périmètre consolidé d'une société ayant son siège hors de France.
L'assiette de cette contribution est la fraction excédant un montant de 1,5 milliard d'euros de l'assiette mentionnée au A du II de l'article L. 612-20. Son taux, fixé par décret, est compris entre 0,04 pour mille et 0,14 pour mille. Cette contribution est liquidée au vu des exigences en fonds propres mentionnées dans l'appel à contribution mentionné au 1° du V du même article L. 612-20. L'Autorité de contrôle prudentiel et de résolution communique cet appel à l'Autorité des marchés financiers avant le 30 avril. L'Autorité des marchés financiers communique avant le 31 mai aux personnes assujetties le montant de la contribution due. Les personnes assujetties acquittent le paiement correspondant au plus tard le 31 juillet de chaque année. Les contestations du montant des exigences en fonds propres sur lequel cette contribution est assise suivent le régime applicable aux contestations prévues au 3° du V de l'article L. 612-20. Lorsque, en application du VII du même article L. 612-20, l'Autorité de contrôle prudentiel et de résolution révise le montant des exigences en fonds propres de la personne assujettie à cette contribution, elle communique à l'Autorité des marchés financiers l'appel à contribution rectificatif accompagné de l'avis de réception par la personne assujettie. Lorsque le montant des exigences en fonds propres est révisé à la hausse, le complément de la contribution qui en résulte est exigible à la date de réception de l'appel à contribution rectificatif. Le complément de contribution est acquitté auprès de l'Autorité des marchés financiers, dans les deux mois de son exigibilité. Lorsque le montant des exigences en fonds propres est révisé à la baisse, la personne assujettie peut adresser à l'Autorité des marchés financiers, dans un délai d'un mois après réception de l'appel à contribution rectificatif, une demande écrite de restitution du montant correspondant. Il est procédé à cette restitution dans un délai d'un mois après réception de ce courrier.
III. – Les décrets prévus par le présent article sont pris après avis du collège de l'Autorité des marchés financiers.
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Code monétaire et financier - Article L621-5-3
Partie législative - Les institutions en matière bancaire et financière - L'Autorité des marchés financiers - L'Autorité des marchés financiers - Règles de fonctionnement
II bis. – Il est institué une contribution, exigible le 1er janvier de chaque année, due, à partir d'un seuil de capitalisation boursière d'un milliard d'euros apprécié au 1er janvier de l'année d'imposition, par les émetteurs français dont les titres de capital sont admis à cette date aux négociations sur un marché réglementé de l'Espace économique européen et par les émetteurs étrangers dont les titres de capital sont admis à cette date aux négociations sur un marché réglementé français lorsque celui-ci est le marché sur lequel le volume des échanges de titres est le plus élevé. Le montant de cette contribution, compris entre 20 000 € et 460 000 €, est fixé en fonction de la capitalisation boursière moyenne de l'émetteur constatée le dernier jour de négociation des trois années précédentes ou, lorsque les titres de capital de l'émetteur sont admis aux négociations sur un marché réglementé depuis moins de trois ans, de sa capitalisation boursière constatée le dernier jour de négociation de l'année précédente. Les tranches du barème progressif de cette contribution, au nombre de six, ainsi que les montants correspondants sont fixés par décret.
II ter. – Il est institué une contribution annuelle due par les prestataires de services d'investissement autres que les sociétés de gestion de portefeuille ayant leur siège en France et habilités au 1er janvier à exercer le service d'investissement mentionné au 3 de l'article L. 321-1. Le redevable de la contribution est le prestataire de services d'investissement, autre qu'une société de gestion de portefeuille, qui établit ses comptes sous forme consolidée, ou, à défaut, celle des entités consolidées du groupe habilitées à exercer le service d'investissement mentionné au même 3 ayant son siège en France dont le montant du produit net bancaire au titre du dernier exercice comptable est le plus élevé. Cette contribution n'est pas due par les prestataires de services d'investissement autres que les sociétés de gestion de portefeuille compris dans le périmètre consolidé d'une société ayant son siège hors de France.
L'assiette de cette contribution est la fraction excédant un montant de 1,5 milliard d'euros de l'assiette mentionnée au A du II de l'article L. 612-20. Son taux, fixé par décret, est compris entre 0,04 pour mille et 0,14 pour mille. Cette contribution est liquidée au vu des exigences en fonds propres mentionnées dans l'appel à contribution mentionné au 1° du V du même article L. 612-20. L'Autorité de contrôle prudentiel et de résolution communique cet appel à l'Autorité des marchés financiers avant le 30 avril. L'Autorité des marchés financiers communique avant le 31 mai aux personnes assujetties le montant de la contribution due. Les personnes assujetties acquittent le paiement correspondant au plus tard le 31 juillet de chaque année. Les contestations du montant des exigences en fonds propres sur lequel cette contribution est assise suivent le régime applicable aux contestations prévues au 3° du V de l'article L. 612-20. Lorsque, en application du VII du même article L. 612-20, l'Autorité de contrôle prudentiel et de résolution révise le montant des exigences en fonds propres de la personne assujettie à cette contribution, elle communique à l'Autorité des marchés financiers l'appel à contribution rectificatif accompagné de l'avis de réception par la personne assujettie. Lorsque le montant des exigences en fonds propres est révisé à la hausse, le complément de la contribution qui en résulte est exigible à la date de réception de l'appel à contribution rectificatif. Le complément de contribution est acquitté auprès de l'Autorité des marchés financiers, dans les deux mois de son exigibilité. Lorsque le montant des exigences en fonds propres est révisé à la baisse, la personne assujettie peut adresser à l'Autorité des marchés financiers, dans un délai d'un mois après réception de l'appel à contribution rectificatif, une demande écrite de restitution du montant correspondant. Il est procédé à cette restitution dans un délai d'un mois après réception de ce courrier.
III. – Les décrets prévus par le présent article sont pris après avis du collège de l'Autorité des marchés financiers.
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LEGIARTI000006900984_0
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LEGIARTI000006900984
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie législative - Première partie : Les relations individuelles de travail - Livre II : Le contrat de travail - Titre II : Formation et exécution du contrat de travail - Chapitre VI : Maladie, accident et inaptitude médicale - Section 3 : Accident du travail ou maladie professionnelle - Sous-section 4 : Indemnités et sanctions.
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L1226-17
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2008-05-01
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2999-01-01
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En cas de procédure de sauvegarde, de redressement ou de liquidation judiciaire, les dispositions relatives aux créances salariales mentionnées aux articles L. 3253-15, L. 3253-19 à L. 3253-21 sont applicables au paiement des indemnités prévues aux articles L. 1226-14 et L. 1226-15.
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Code du travail - Article L1226-17
Partie législative - Les relations individuelles de travail - Le contrat de travail - Formation et exécution du contrat de travail - Maladie, accident et inaptitude médicale - Accident du travail ou maladie professionnelle - Indemnités et sanctions.
En cas de procédure de sauvegarde, de redressement ou de liquidation judiciaire, les dispositions relatives aux créances salariales mentionnées aux articles L. 3253-15, L. 3253-19 à L. 3253-21 sont applicables au paiement des indemnités prévues aux articles L. 1226-14 et L. 1226-15.
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LEGIARTI000022875757_0
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LEGIARTI000022875757
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Article
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CODE
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VIGUEUR
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Code de la santé publique
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Code de la santé publique
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Partie réglementaire - Sixième partie : Etablissements et services de santé - Livre Ier : Etablissements de santé - Titre V : Personnels médicaux et pharmaceutiques - Chapitre II : Praticiens hospitaliers - Section 1 : Statut des praticiens hospitaliers à temps plein - Section 1 : Statut des praticiens hospitaliers - Sous-section 6 : Exercice de fonctions - Positions - Paragraphe 6 : Disponibilité.
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R6152-62
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2010-10-01
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2999-01-01
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Les praticiens hospitaliers peuvent être mis en disponibilité soit d'office, dans les cas prévus aux articles R. 6152-37 à R. 6152-39, R. 6152-42, R. 6152-50-5, R. 6152-59, R. 6152-61 et R. 6152-68, soit sur leur demande.
Les praticiens hospitaliers faisant l'objet d'une interdiction temporaire d'exercer la profession de médecin, de pharmacien ou de donner des soins aux assurés sociaux sont placés en disponibilité d'office pendant toute la durée de cette interdiction.
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Code de la santé publique - Article R6152-62
Partie réglementaire - Etablissements et services de santé - Etablissements de santé - Personnels médicaux et pharmaceutiques - Praticiens hospitaliers - Statut des praticiens hospitaliers à temps plein - Statut des praticiens hospitaliers - Exercice de fonctions - Positions - Disponibilité.
Les praticiens hospitaliers peuvent être mis en disponibilité soit d'office, dans les cas prévus aux articles R. 6152-37 à R. 6152-39, R. 6152-42, R. 6152-50-5, R. 6152-59, R. 6152-61 et R. 6152-68, soit sur leur demande.
Les praticiens hospitaliers faisant l'objet d'une interdiction temporaire d'exercer la profession de médecin, de pharmacien ou de donner des soins aux assurés sociaux sont placés en disponibilité d'office pendant toute la durée de cette interdiction.
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LEGIARTI000051555503_0
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LEGIARTI000051555503
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VII : Dispositions relatives à l'outre-mer - Titre Ier : Conditions générales d'application des livres 1er à VI et du droit de l'Union européenne en outre-mer - Chapitre II : Application en outre-mer des dispositions du droit de l'Union européenne en matière monétaire et financière - Section 2 : Application des dispositions du droit de l'Union européenne à Saint-Pierre-et-Miquelon, en Nouvelle-Calédonie, en Polynésie française et dans les îles Wallis et Futuna
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L712-7
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2025-05-03
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2999-01-01
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I. - Le ministre chargé de l'économie arrête, à Saint-Pierre-et-Miquelon, en Nouvelle-Calédonie, en Polynésie française et dans les îles Wallis et Futuna, les conditions d'application des règlements (UE) suivants, de telle sorte que ces dispositions y aient des effets identiques à ceux produits en France métropolitaine :
1° Le règlement n° 648/2012 du Parlement européen et du Conseil du 4 juillet 2012 sur les produits dérivés de gré à gré, les contreparties centrales et les référentiels centraux ;
2° Le règlement n° 575/2013 du Parlement européen et du Conseil du 26 juin 2013 concernant les exigences prudentielles applicables aux établissements de crédit et aux entreprises d'investissement ;
3° Le règlement n° 596/2014 du Parlement européen et du Conseil du 16 avril 2014 sur les abus de marché (règlement relatif aux abus de marché) et abrogeant la directive 2003/6/CE du Parlement européen et du Conseil et les directives 2003/124/CE, 2003/125/CE et 2004/72/CE de la Commission ;
4° Le règlement n° 600/2014 du Parlement européen et du Conseil du 15 mai 2014 du Parlement européen et du Conseil du 15 mai 2014 concernant les marchés d'instruments financiers ;
5° Le règlement n° 909/2014 du Parlement européen et du Conseil du 23 juillet 2014 concernant l'amélioration du règlement de titres dans l'Union européenne et les dépositaires centraux de titres ;
6° Le règlement n° 2015/847 du Parlement européen et du Conseil du 20 mai 2015 sur les informations accompagnant les transferts de fonds ;
7° Le règlement n° 2017/1129 du Parlement européen et du Conseil du 14 juin 2017 concernant le prospectus à publier en cas d'offre au public de valeurs mobilières ou en vue de l'admission de valeurs mobilières à la négociation sur un marché réglementé ;
7° bis Le règlement (UE) 2023/2631 du Parlement européen et du Conseil du 22 novembre 2023 sur les obligations vertes européennes et la publication facultative d'informations pour les obligations commercialisées en tant qu'obligations durables sur le plan environnemental et pour les obligations liées à la durabilité ;
8° Le règlement n° 2018/1672 du Parlement européen et du Conseil du 23 octobre 2018 relatif aux contrôles de l'argent liquide entrant dans l'Union ou sortant de l'Union ;
9° Le règlement n° 2019/2033 du Parlement européen et du Conseil du 27 novembre 2019 concernant les exigences prudentielles applicables aux entreprises d'investissement et modifiant les règlements (UE) n° 1093/2010, (UE) n° 575/2013, (UE) n° 600/2014 et (UE) n° 806/2014 ;
10° Le règlement (UE) 2020/1503 du Parlement européen et du Conseil du 7 octobre 2020 relatif aux prestataires européens de services de financement participatif pour les entrepreneurs, et modifiant le règlement (UE) 2017/1129 et la directive (UE) 2019/1937 ;
11° Le règlement (UE) 2021/23 du Parlement européen et du Conseil du 16 décembre 2020 relatif à un cadre pour le redressement et la résolution des contreparties centrales et modifiant les règlements (UE) n° 1095/2010, (UE) n° 648/2012, (UE) n° 600/2014, (UE) n° 806/2014 et (UE) 2015/2365, ainsi que les directives 2002/47/ CE, 2004/25/ CE, 2007/36/ CE, 2014/59/ UE et (UE) 2017/1132 ;
12° Le règlement (UE) 2022/858 du Parlement européen et du Conseil du 30 mai 2022 sur un régime pilote pour les infrastructures de marché reposant sur la technologie des registres distribués, et modifiant les règlements (UE) n° 600/2014 et (UE) n° 909/2014 et la directive 2014/65/ UE ;
13° Le règlement (UE) 2021/1230 du Parlement européen et du Conseil du 14 juillet 2021 concernant les paiements transfrontaliers dans l'Union ;
13° bis Le règlement (UE) 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs, et modifiant les règlements (UE) 1093/2010 et (UE) 1095/2010 et les directives 2013/36/ UE et (UE) 2019/1937 ;
14° Le règlement (UE) 2024/1623 du Parlement européen et du Conseil du 31 mai 2024 modifiant le règlement (UE) n° 575/2013 en ce qui concerne les exigences pour risque de crédit, risque d'ajustement de l'évaluation de crédit, risque opérationnel et risque de marché et le plancher de fonds propres.
II. - Les actes juridiques de l'Union européenne modifiant les règlements mentionnés au I, les actes délégués et les actes d'exécution, notamment les normes techniques, adoptés par la Commission européenne pour l'application des règlements mentionnés ci-dessus, sont rendus applicables par arrêté du ministre chargé de l'économie, de telle sorte que ces dispositions y aient des effets identiques à ceux produits en France métropolitaine.
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Code monétaire et financier - Article L712-7
Partie législative - Dispositions relatives à l'outre-mer - Conditions générales d'application des livres 1er à VI et du droit de l'Union européenne en outre-mer - Application en outre-mer des dispositions du droit de l'Union européenne en matière monétaire et financière - Application des dispositions du droit de l'Union européenne à Saint-Pierre-et-Miquelon, en Nouvelle-Calédonie, en Polynésie française et dans les îles Wallis et Futuna
I. - Le ministre chargé de l'économie arrête, à Saint-Pierre-et-Miquelon, en Nouvelle-Calédonie, en Polynésie française et dans les îles Wallis et Futuna, les conditions d'application des règlements (UE) suivants, de telle sorte que ces dispositions y aient des effets identiques à ceux produits en France métropolitaine :
1° Le règlement n° 648/2012 du Parlement européen et du Conseil du 4 juillet 2012 sur les produits dérivés de gré à gré, les contreparties centrales et les référentiels centraux ;
2° Le règlement n° 575/2013 du Parlement européen et du Conseil du 26 juin 2013 concernant les exigences prudentielles applicables aux établissements de crédit et aux entreprises d'investissement ;
3° Le règlement n° 596/2014 du Parlement européen et du Conseil du 16 avril 2014 sur les abus de marché (règlement relatif aux abus de marché) et abrogeant la directive 2003/6/CE du Parlement européen et du Conseil et les directives 2003/124/CE, 2003/125/CE et 2004/72/CE de la Commission ;
4° Le règlement n° 600/2014 du Parlement européen et du Conseil du 15 mai 2014 du Parlement européen et du Conseil du 15 mai 2014 concernant les marchés d'instruments financiers ;
5° Le règlement n° 909/2014 du Parlement européen et du Conseil du 23 juillet 2014 concernant l'amélioration du règlement de titres dans l'Union européenne et les dépositaires centraux de titres ;
6° Le règlement n° 2015/847 du Parlement européen et du Conseil du 20 mai 2015 sur les informations accompagnant les transferts de fonds ;
7° Le règlement n° 2017/1129 du Parlement européen et du Conseil du 14 juin 2017 concernant le prospectus à publier en cas d'offre au public de valeurs mobilières ou en vue de l'admission de valeurs mobilières à la négociation sur un marché réglementé ;
7° bis Le règlement (UE) 2023/2631 du Parlement européen et du Conseil du 22 novembre 2023 sur les obligations vertes européennes et la publication facultative d'informations pour les obligations commercialisées en tant qu'obligations durables sur le plan environnemental et pour les obligations liées à la durabilité ;
8° Le règlement n° 2018/1672 du Parlement européen et du Conseil du 23 octobre 2018 relatif aux contrôles de l'argent liquide entrant dans l'Union ou sortant de l'Union ;
9° Le règlement n° 2019/2033 du Parlement européen et du Conseil du 27 novembre 2019 concernant les exigences prudentielles applicables aux entreprises d'investissement et modifiant les règlements (UE) n° 1093/2010, (UE) n° 575/2013, (UE) n° 600/2014 et (UE) n° 806/2014 ;
10° Le règlement (UE) 2020/1503 du Parlement européen et du Conseil du 7 octobre 2020 relatif aux prestataires européens de services de financement participatif pour les entrepreneurs, et modifiant le règlement (UE) 2017/1129 et la directive (UE) 2019/1937 ;
11° Le règlement (UE) 2021/23 du Parlement européen et du Conseil du 16 décembre 2020 relatif à un cadre pour le redressement et la résolution des contreparties centrales et modifiant les règlements (UE) n° 1095/2010, (UE) n° 648/2012, (UE) n° 600/2014, (UE) n° 806/2014 et (UE) 2015/2365, ainsi que les directives 2002/47/ CE, 2004/25/ CE, 2007/36/ CE, 2014/59/ UE et (UE) 2017/1132 ;
12° Le règlement (UE) 2022/858 du Parlement européen et du Conseil du 30 mai 2022 sur un régime pilote pour les infrastructures de marché reposant sur la technologie des registres distribués, et modifiant les règlements (UE) n° 600/2014 et (UE) n° 909/2014 et la directive 2014/65/ UE ;
13° Le règlement (UE) 2021/1230 du Parlement européen et du Conseil du 14 juillet 2021 concernant les paiements transfrontaliers dans l'Union ;
13° bis Le règlement (UE) 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs, et modifiant les règlements (UE) 1093/2010 et (UE) 1095/2010 et les directives 2013/36/ UE et (UE) 2019/1937 ;
14° Le règlement (UE) 2024/1623 du Parlement européen et du Conseil du 31 mai 2024 modifiant le règlement (UE) n° 575/2013 en ce qui concerne les exigences pour risque de crédit, risque d'ajustement de l'évaluation de crédit, risque opérationnel et risque de marché et le plancher de fonds propres.
II. - Les actes juridiques de l'Union européenne modifiant les règlements mentionnés au I, les actes délégués et les actes d'exécution, notamment les normes techniques, adoptés par la Commission européenne pour l'application des règlements mentionnés ci-dessus, sont rendus applicables par arrêté du ministre chargé de l'économie, de telle sorte que ces dispositions y aient des effets identiques à ceux produits en France métropolitaine.
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LEGIARTI000041826747_0
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LEGIARTI000041826747
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Article
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ARRETE
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Ministère de l'agriculture et de l'alimentation
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VIGUEUR
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Arrêté du 24 avril 2020
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Arrêté du 24 avril 2020 relatif à la modification temporaire du cahier des charges de l'appellation d'origine protégée (AOP) « Morbier »
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2
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2020-04-29
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2999-01-01
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Le présent arrêté sera publié au Journal officiel de la République française.
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Arrêté du 24 avril 2020 relatif à la modification temporaire du cahier des charges de l'appellation d'origine protégée (AOP) « Morbier » - Article 2
Le présent arrêté sera publié au Journal officiel de la République française.
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LEGIARTI000038137262
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Article
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CODE
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ABROGE_DIFF
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Code du travail
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Code du travail
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Partie réglementaire - Première partie : Les relations individuelles de travail - Livre Ier : Dispositions préliminaires - Titre IV : Egalité professionnelle entre les femmes et les hommes - Chapitre II bis : Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise - Chapitre II bis : Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise et à assurer une répartition équilibrée de chaque sexe parmi les cadres dirigeants et les membres des instances dirigeantes - Annexes
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Annexe I
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2019-01-01
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2029-03-01
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MODALITÉS DE CALCUL ET D'ÉVALUATION DES INDICATEURS DÉFINIS À L'ARTICLE D. 1142-2 POUR LES ENTREPRISES DE PLUS DE 250 SALARIÉS
1. Période de référence
L'employeur peut choisir la période de douze mois consécutifs servant de période de référence pour le calcul des indicateurs.
Les indicateurs sont calculés chaque année par l'employeur, au plus tard le 1er mars de l'année en cours, à partir des données de la période de référence annuelle choisie par l'employeur qui précède l'année de publication des indicateurs.
2. Salariés à prendre en compte pour le calcul des indicateurs
L'effectif des salariés à prendre en compte pour le calcul des indicateurs est apprécié sur la période de référence annuelle choisie par l'employeur.
Les apprentis, les titulaires d'un contrat de professionnalisation, les salariés mis à la disposition de l'entreprise par une entreprise extérieure, les salariés expatriés, ainsi que les salariés absents plus de la moitié de la période de référence annuelle considérée ne sont pas pris en compte dans les effectifs de l'entreprise pour le calcul des indicateurs.
Les caractéristiques individuelles des salariés suivantes sont appréciées au dernier jour de la période de référence annuelle choisie par l'employeur ou au dernier jour de présence du salarié dans l'entreprise :
-l'âge ;
-le niveau ou coefficient hiérarchique en application de la classification de branche ;
-le niveau selon la méthode de cotation des postes de l'entreprise ;
-la catégorie socioprofessionnelle.
3. Eléments de la rémunération à prendre en compte pour le calcul des indicateurs
La rémunération de chaque salarié, au sens de l'article L. 3221-3, est reconstituée en équivalent temps plein sur la période de référence annuelle considérée. Les indemnités de licenciement et de départ à la retraite, les primes liées à une sujétion particulière qui ne concerne pas la personne du salarié, les primes d'ancienneté, les heures supplémentaires, les heures complémentaires, ainsi que les versements effectués au titre de l'intéressement et de la participation ne sont pas pris en compte.
4. Méthode de calcul des indicateurs et barème à appliquer aux résultats ainsi obtenus
Les indicateurs définis à l'article D. 1142-2 sont calculés et évalués selon un barème allant de 0 à 100 points, conformément aux tableaux suivants :
4.1. Indicateur relatif à l'écart de rémunération entre les femmes et les hommes
INDICATEUR
METHODE DE CALCUL
RESULTATS OBTENUS
NOMBRE
DE POINTS
Ecart de rémunération entre les femmes et les hommes (1° de l'article D. 1142-2)
a) Les salariés sont répartis en groupe, selon quatre tranches d'âge et par catégorie de postes équivalents.
Les tranches d'âge sont les suivantes :
-moins de 30 ans ;
-de 30 à 39 ans ;
-de 40 à 49 ans ;
-et 50 ans et plus.
S'agissant des catégories de postes équivalents, l'employeur peut répartir les salariés, après consultation du comité social et économique, par niveau ou coefficient hiérarchique, en application de la classification de branche ou d'une autre méthode de cotation des postes. La méthode de cotation des postes est adoptée après avis du comité social et économique.
Si l'employeur ne souhaite pas répartir les salariés par niveau ou coefficient hiérarchique ou selon une autre méthode de cotation des postes, ou si ces méthodes de répartition ne permettent pas de calculer l'indicateur, il répartit les salariés entre les quatre catégories socioprofessionnelles suivantes :
-ouvriers ;
-employés ;
-techniciens et agents de maîtrise ;
-ingénieurs et cadres.
b) Seuls les groupes comprenant au moins trois hommes et au moins trois femmes sont pris en compte.
Si, en application de cette règle, le calcul de l'indicateur par niveau ou coefficient hiérarchique, dans les conditions prévues au a), est rendu impossible, au regard du critère défini au paragraphe 5.1, le classement par niveau ou coefficient hiérarchique n'est pas retenu et les salariés sont regroupés selon les quatre catégories socioprofessionnelles définies au même a).
c) La rémunération moyenne des femmes et des hommes est calculée pour chacun des groupes ainsi constitué en calculant le salaire en équivalent temps plein pour chaque salariés puis en en faisant la moyenne.
d) L'écart de rémunération est calculé, en pourcentage, pour chacun des groupes, en soustrayant la rémunération moyenne des femmes à la rémunération moyenne des hommes et en rapportant ce résultat à la rémunération moyenne des hommes.
e) Dans les groupes constitués par catégorie socioprofessionnelle, le seuil de pertinence des écarts est de 5 %.
Dans les groupes constitués par niveau ou coefficient hiérarchique, le seuil de pertinence des écarts est de 2 %.
Lorsque l'écart de rémunération est positif, le seuil de pertinence est déduit de l'écart, sans toutefois pouvoir l'amener à devenir négatif (plancher à zéro).
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Code du travail - Article Annexe I
Partie réglementaire - Les relations individuelles de travail - Dispositions préliminaires - Egalité professionnelle entre les femmes et les hommes - Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise - Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise et à assurer une répartition équilibrée de chaque sexe parmi les cadres dirigeants et les membres des instances dirigeantes - Annexes
MODALITÉS DE CALCUL ET D'ÉVALUATION DES INDICATEURS DÉFINIS À L'ARTICLE D. 1142-2 POUR LES ENTREPRISES DE PLUS DE 250 SALARIÉS
1. Période de référence
L'employeur peut choisir la période de douze mois consécutifs servant de période de référence pour le calcul des indicateurs.
Les indicateurs sont calculés chaque année par l'employeur, au plus tard le 1er mars de l'année en cours, à partir des données de la période de référence annuelle choisie par l'employeur qui précède l'année de publication des indicateurs.
2. Salariés à prendre en compte pour le calcul des indicateurs
L'effectif des salariés à prendre en compte pour le calcul des indicateurs est apprécié sur la période de référence annuelle choisie par l'employeur.
Les apprentis, les titulaires d'un contrat de professionnalisation, les salariés mis à la disposition de l'entreprise par une entreprise extérieure, les salariés expatriés, ainsi que les salariés absents plus de la moitié de la période de référence annuelle considérée ne sont pas pris en compte dans les effectifs de l'entreprise pour le calcul des indicateurs.
Les caractéristiques individuelles des salariés suivantes sont appréciées au dernier jour de la période de référence annuelle choisie par l'employeur ou au dernier jour de présence du salarié dans l'entreprise :
-l'âge ;
-le niveau ou coefficient hiérarchique en application de la classification de branche ;
-le niveau selon la méthode de cotation des postes de l'entreprise ;
-la catégorie socioprofessionnelle.
3. Eléments de la rémunération à prendre en compte pour le calcul des indicateurs
La rémunération de chaque salarié, au sens de l'article L. 3221-3, est reconstituée en équivalent temps plein sur la période de référence annuelle considérée. Les indemnités de licenciement et de départ à la retraite, les primes liées à une sujétion particulière qui ne concerne pas la personne du salarié, les primes d'ancienneté, les heures supplémentaires, les heures complémentaires, ainsi que les versements effectués au titre de l'intéressement et de la participation ne sont pas pris en compte.
4. Méthode de calcul des indicateurs et barème à appliquer aux résultats ainsi obtenus
Les indicateurs définis à l'article D. 1142-2 sont calculés et évalués selon un barème allant de 0 à 100 points, conformément aux tableaux suivants :
4.1. Indicateur relatif à l'écart de rémunération entre les femmes et les hommes
INDICATEUR
METHODE DE CALCUL
RESULTATS OBTENUS
NOMBRE
DE POINTS
Ecart de rémunération entre les femmes et les hommes (1° de l'article D. 1142-2)
a) Les salariés sont répartis en groupe, selon quatre tranches d'âge et par catégorie de postes équivalents.
Les tranches d'âge sont les suivantes :
-moins de 30 ans ;
-de 30 à 39 ans ;
-de 40 à 49 ans ;
-et 50 ans et plus.
S'agissant des catégories de postes équivalents, l'employeur peut répartir les salariés, après consultation du comité social et économique, par niveau ou coefficient hiérarchique, en application de la classification de branche ou d'une autre méthode de cotation des postes. La méthode de cotation des postes est adoptée après avis du comité social et économique.
Si l'employeur ne souhaite pas répartir les salariés par niveau ou coefficient hiérarchique ou selon une autre méthode de cotation des postes, ou si ces méthodes de répartition ne permettent pas de calculer l'indicateur, il répartit les salariés entre les quatre catégories socioprofessionnelles suivantes :
-ouvriers ;
-employés ;
-techniciens et agents de maîtrise ;
-ingénieurs et cadres.
b) Seuls les groupes comprenant au moins trois hommes et au moins trois femmes sont pris en compte.
Si, en application de cette règle, le calcul de l'indicateur par niveau ou coefficient hiérarchique, dans les conditions prévues au a), est rendu impossible, au regard du critère défini au paragraphe 5.1, le classement par niveau ou coefficient hiérarchique n'est pas retenu et les salariés sont regroupés selon les quatre catégories socioprofessionnelles définies au même a).
c) La rémunération moyenne des femmes et des hommes est calculée pour chacun des groupes ainsi constitué en calculant le salaire en équivalent temps plein pour chaque salariés puis en en faisant la moyenne.
d) L'écart de rémunération est calculé, en pourcentage, pour chacun des groupes, en soustrayant la rémunération moyenne des femmes à la rémunération moyenne des hommes et en rapportant ce résultat à la rémunération moyenne des hommes.
e) Dans les groupes constitués par catégorie socioprofessionnelle, le seuil de pertinence des écarts est de 5 %.
Dans les groupes constitués par niveau ou coefficient hiérarchique, le seuil de pertinence des écarts est de 2 %.
Lorsque l'écart de rémunération est positif, le seuil de pertinence est déduit de l'écart, sans toutefois pouvoir l'amener à devenir négatif (plancher à zéro).
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LEGIARTI000038137262_1
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LEGIARTI000038137262
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Article
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CODE
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ABROGE_DIFF
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Code du travail
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Code du travail
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Partie réglementaire - Première partie : Les relations individuelles de travail - Livre Ier : Dispositions préliminaires - Titre IV : Egalité professionnelle entre les femmes et les hommes - Chapitre II bis : Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise - Chapitre II bis : Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise et à assurer une répartition équilibrée de chaque sexe parmi les cadres dirigeants et les membres des instances dirigeantes - Annexes
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Annexe I
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2019-01-01
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2029-03-01
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Lorsque l'écart de rémunération est positif, le seuil de pertinence est déduit de l'écart, sans toutefois pouvoir l'amener à devenir négatif (plancher à zéro).
Lorsque l'écart de rémunération est négatif, le seuil de pertinence est ajouté à l'écart, sans toutefois pouvoir l'amener à devenir positif (plafond à zéro).
f) Les écarts ainsi ajustés en fonction des seuils pour chacun des groupes sont multipliés par le ratio de l'effectif du groupe à l'effectif total des groupes pris en compte, puis additionnés pour obtenir l'écart global de rémunération entre les femmes et les hommes.
g) Le résultat final est la valeur absolue de l'écart global de rémunération, arrondie à la première décimale.
Egal à 0 %
40 points
Supérieur à 0 % et inférieur ou égal à 1 %
39 points
Supérieur à 1 % et inférieur ou égal à 2 %
38 points
Supérieur à 2 % et inférieur ou égal à 3 %
37 points
Supérieur à 3 % et inférieur ou égal à 4 %
36 points
Supérieur à 4 % et inférieur ou égal à 5 %
35 points
Supérieur à 5 % et inférieur ou égal à 6 %
34 points
Supérieur à 6 % et inférieur ou égal à 7 %
33 points
Supérieur à 7 % et inférieur ou égal à 8 %
31 points
Supérieur à 8 % et inférieur ou égal à 9 %
29 points
Supérieur à 9 % et inférieur ou égal à 10 %
27 points
Supérieur à 10 % et inférieur ou égal à 11 %
25 points
Supérieur à 11 % et inférieur ou égal à 12 %
23 points
Supérieur à 12 % et inférieur ou égal à 13 %
21 points
Supérieur à 13 % et inférieur ou égal à 14 %
19 points
Supérieur à 14 % et inférieur ou égal à 15 %
17 points
Supérieur à 15 % et inférieur ou égal à 16 %
14 points
Supérieur à 16 % et inférieur ou égal à 17 %
11 points
Supérieur à 17 % et inférieur ou égal à 18 %
8 points
Supérieur à 18 % et inférieur ou égal à 19 %
5 points
Supérieur à 19 % et inférieur ou égal à 20 %
2 points
Supérieur à 20 %
0 point
4.2. Indicateurs relatifs aux écarts de taux d'augmentations individuelles et de promotions entre les femmes et les hommes
INDICATEUR
METHODE DE CALCUL
RESULTATS OBTENUS
NOMBRE
DE POINTS
Ecart de taux d'augmentations individuelles (hors promotion) entre les femmes et les hommes
(2° de l'article D. 1142-2)
a) Les salariés sont répartis en 4 groupes selon les quatre catégories socioprofessionnelles définies au paragraphe 4.1.
b) Seuls les groupes comprenant au moins dix femmes et dix hommes sont pris en compte.
c) Dans chacun des groupes, les taux d'augmentations des femmes et des hommes sont calculés, en pourcentage, comme la proportion de salariés augmentés au cours de la période de référence. Sont uniquement prises en compte les augmentations individuelles (1) ne correspondant pas à des promotions (2).
d) L'écart de taux d'augmentations est calculé, en points de pourcentage, pour chacun des groupes, en soustrayant le taux d'augmentations des femmes au taux d'augmentations des hommes.
e) Les écarts ainsi obtenus sont multipliés par le ratio de l'effectif du groupe à l'effectif total des groupes pris en compte, puis additionnés pour obtenir l'écart global de taux d'augmentations entre les femmes et les hommes.
f) Le résultat final est la valeur absolue de l'écart global de taux d'augmentations, arrondie à la première décimale.
Inférieur ou égal à 2 points de %
20 points
Supérieur à 2 et inférieur ou égal à 5 points de %
10 points
Supérieur à 5 et inférieur ou égal à 10 points de %
5 points
Supérieur à 10 points de %
0 point
Ecart de taux de promotions entre les femmes et les hommes (3° de l'article D. 1142-2)
a) Les salariés sont répartis en 4 groupes selon les quatre catégories socioprofessionnelles définies au paragraphe 4.1.
b) Seuls les groupes comprenant au moins dix hommes et dix femmes sont pris en compte.
c) Dans chacun des groupes, les taux de promotions des femmes et des hommes sont calculés, en pourcentage, comme la proportion de salariés ayant bénéficié d'une promotion (2) au cours de la période de référence.
Les augmentations exclues du calcul de l'indicateur défini au (1) au motif qu'elles correspondent à des promotions doivent être prises en compte.
d) L'écart de taux de promotions est calculé, en points de pourcentage, pour chacun des groupes, en soustrayant le taux de promotions des femmes au taux de promotions des hommes.
e) Les écarts ainsi obtenus sont multipliés par le ratio de l'effectif du groupe à l'effectif total des groupes pris en compte, puis additionnés pour obtenir l'écart global de taux de promotions entre les femmes et les hommes.
f) Le résultat final est la valeur absolue de l'écart global de taux de promotions, arrondie à la première décimale.
Inférieur ou égal à 2 points de %
15 points
Supérieur à 2 et inférieur ou égal à 5 points de %
10 points
Supérieur à 5 et inférieur ou égal à 10 points de %
5 points
Supérieur à 10 points de %
0 point
(1) La notion d'augmentation individuelle correspond à une augmentation individuelle du salaire de base du salarié concerné.
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Code du travail - Article Annexe I
Partie réglementaire - Les relations individuelles de travail - Dispositions préliminaires - Egalité professionnelle entre les femmes et les hommes - Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise - Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise et à assurer une répartition équilibrée de chaque sexe parmi les cadres dirigeants et les membres des instances dirigeantes - Annexes
Lorsque l'écart de rémunération est positif, le seuil de pertinence est déduit de l'écart, sans toutefois pouvoir l'amener à devenir négatif (plancher à zéro).
Lorsque l'écart de rémunération est négatif, le seuil de pertinence est ajouté à l'écart, sans toutefois pouvoir l'amener à devenir positif (plafond à zéro).
f) Les écarts ainsi ajustés en fonction des seuils pour chacun des groupes sont multipliés par le ratio de l'effectif du groupe à l'effectif total des groupes pris en compte, puis additionnés pour obtenir l'écart global de rémunération entre les femmes et les hommes.
g) Le résultat final est la valeur absolue de l'écart global de rémunération, arrondie à la première décimale.
Egal à 0 %
40 points
Supérieur à 0 % et inférieur ou égal à 1 %
39 points
Supérieur à 1 % et inférieur ou égal à 2 %
38 points
Supérieur à 2 % et inférieur ou égal à 3 %
37 points
Supérieur à 3 % et inférieur ou égal à 4 %
36 points
Supérieur à 4 % et inférieur ou égal à 5 %
35 points
Supérieur à 5 % et inférieur ou égal à 6 %
34 points
Supérieur à 6 % et inférieur ou égal à 7 %
33 points
Supérieur à 7 % et inférieur ou égal à 8 %
31 points
Supérieur à 8 % et inférieur ou égal à 9 %
29 points
Supérieur à 9 % et inférieur ou égal à 10 %
27 points
Supérieur à 10 % et inférieur ou égal à 11 %
25 points
Supérieur à 11 % et inférieur ou égal à 12 %
23 points
Supérieur à 12 % et inférieur ou égal à 13 %
21 points
Supérieur à 13 % et inférieur ou égal à 14 %
19 points
Supérieur à 14 % et inférieur ou égal à 15 %
17 points
Supérieur à 15 % et inférieur ou égal à 16 %
14 points
Supérieur à 16 % et inférieur ou égal à 17 %
11 points
Supérieur à 17 % et inférieur ou égal à 18 %
8 points
Supérieur à 18 % et inférieur ou égal à 19 %
5 points
Supérieur à 19 % et inférieur ou égal à 20 %
2 points
Supérieur à 20 %
0 point
4.2. Indicateurs relatifs aux écarts de taux d'augmentations individuelles et de promotions entre les femmes et les hommes
INDICATEUR
METHODE DE CALCUL
RESULTATS OBTENUS
NOMBRE
DE POINTS
Ecart de taux d'augmentations individuelles (hors promotion) entre les femmes et les hommes
(2° de l'article D. 1142-2)
a) Les salariés sont répartis en 4 groupes selon les quatre catégories socioprofessionnelles définies au paragraphe 4.1.
b) Seuls les groupes comprenant au moins dix femmes et dix hommes sont pris en compte.
c) Dans chacun des groupes, les taux d'augmentations des femmes et des hommes sont calculés, en pourcentage, comme la proportion de salariés augmentés au cours de la période de référence. Sont uniquement prises en compte les augmentations individuelles (1) ne correspondant pas à des promotions (2).
d) L'écart de taux d'augmentations est calculé, en points de pourcentage, pour chacun des groupes, en soustrayant le taux d'augmentations des femmes au taux d'augmentations des hommes.
e) Les écarts ainsi obtenus sont multipliés par le ratio de l'effectif du groupe à l'effectif total des groupes pris en compte, puis additionnés pour obtenir l'écart global de taux d'augmentations entre les femmes et les hommes.
f) Le résultat final est la valeur absolue de l'écart global de taux d'augmentations, arrondie à la première décimale.
Inférieur ou égal à 2 points de %
20 points
Supérieur à 2 et inférieur ou égal à 5 points de %
10 points
Supérieur à 5 et inférieur ou égal à 10 points de %
5 points
Supérieur à 10 points de %
0 point
Ecart de taux de promotions entre les femmes et les hommes (3° de l'article D. 1142-2)
a) Les salariés sont répartis en 4 groupes selon les quatre catégories socioprofessionnelles définies au paragraphe 4.1.
b) Seuls les groupes comprenant au moins dix hommes et dix femmes sont pris en compte.
c) Dans chacun des groupes, les taux de promotions des femmes et des hommes sont calculés, en pourcentage, comme la proportion de salariés ayant bénéficié d'une promotion (2) au cours de la période de référence.
Les augmentations exclues du calcul de l'indicateur défini au (1) au motif qu'elles correspondent à des promotions doivent être prises en compte.
d) L'écart de taux de promotions est calculé, en points de pourcentage, pour chacun des groupes, en soustrayant le taux de promotions des femmes au taux de promotions des hommes.
e) Les écarts ainsi obtenus sont multipliés par le ratio de l'effectif du groupe à l'effectif total des groupes pris en compte, puis additionnés pour obtenir l'écart global de taux de promotions entre les femmes et les hommes.
f) Le résultat final est la valeur absolue de l'écart global de taux de promotions, arrondie à la première décimale.
Inférieur ou égal à 2 points de %
15 points
Supérieur à 2 et inférieur ou égal à 5 points de %
10 points
Supérieur à 5 et inférieur ou égal à 10 points de %
5 points
Supérieur à 10 points de %
0 point
(1) La notion d'augmentation individuelle correspond à une augmentation individuelle du salaire de base du salarié concerné.
|
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LEGIARTI000038137262_2
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LEGIARTI000038137262
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Article
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CODE
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ABROGE_DIFF
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Code du travail
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Code du travail
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Partie réglementaire - Première partie : Les relations individuelles de travail - Livre Ier : Dispositions préliminaires - Titre IV : Egalité professionnelle entre les femmes et les hommes - Chapitre II bis : Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise - Chapitre II bis : Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise et à assurer une répartition équilibrée de chaque sexe parmi les cadres dirigeants et les membres des instances dirigeantes - Annexes
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Annexe I
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2019-01-01
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2029-03-01
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10 points
Supérieur à 5 et inférieur ou égal à 10 points de %
5 points
Supérieur à 10 points de %
0 point
(1) La notion d'augmentation individuelle correspond à une augmentation individuelle du salaire de base du salarié concerné.
(2) La notion de promotion retenue correspond au passage à niveau ou un coefficient hiérarchique supérieur.
4.3. Indicateur relatif au pourcentage de salariées ayant bénéficié d'une augmentation dans l'année suivant leur retour de congé de maternité
INDICATEUR
RESULTATS OBTENUS
NOMBRE DE POINTS
Pourcentage de salariées revenues de congé maternité pendant l'année de référence et ayant bénéficié d'une augmentation à leur retour pendant cette même période, si des augmentations sont intervenues durant la durée de leur congé (4° de l'article D. 1142-2)
Egal à 100 %
15 points
Inférieur à 100 %
0 point
4.4. Indicateur relatif au nombre de salariés du sexe sous-représenté parmi les dix salariés ayant perçu les plus hautes rémunérations
INDICATEUR
METHODE DE CALCUL
RESULTATS OBTENUS
NOMBRE
DE POINTS
Nombre de salariés du sexe sous-représenté parmi les dix salariés ayant perçu les plus hautes rémunérations (5° de l'article D. 1142-2)
L'indicateur est le plus petit des deux nombres suivants : le nombre de femmes et le nombre d'hommes parmi les salariés ayant perçu les 10 plus hautes rémunérations (nombres compris entre 0 et 10).
4 ou 5 salariés
10 points
2 ou 3 salariés
5 points
0 ou 1 salarié
0 point
5. Niveau de résultat
Le niveau de résultat obtenu par l'entreprise au regard des indicateurs définis à l'article D. 1142-2 correspond à la somme des points obtenus pour chacun des indicateurs en application du barème prévu au paragraphe 4.
5.1. Détermination du niveau de résultat en cas d'indicateurs incalculables
Des indicateurs peuvent ne pas être calculables dans les cas suivants :
-pour le calcul de l'indicateur défini au 1° de l'article D. 1142-2 : parce que l'effectif total retenu, en application des modalités de calcul définies au paragraphe 4.1, est inférieur à 40 % de l'effectif devant être pris en compte pour le calcul de l'ensemble des indicateurs, selon les dispositions prévues au paragraphe 2 ;
-pour le calcul des indicateurs définis aux 2° et 3° de l'article D. 1142-2 : soit parce qu'aucune promotion ou aucune augmentation individuelle n'est intervenue au cours de la période de référence annuelle considérée, soit parce que l'effectif total retenu, en application des modalités de calcul définies au paragraphe 4.2, est inférieur à 40 % de l'effectif devant être pris en compte pour le calcul de l'ensemble des indicateurs, selon les dispositions prévues au paragraphe 2 ;
-pour le calcul de l'indicateur défini au 4° de l'article D. 1142-2 : parce qu'aucun retour de congé maternité n'est intervenu au cours de la période de référence annuelle considérée ou qu'aucune augmentation n'est intervenue durant la durée de ces congés.
Pour les cas énumérés ci-dessus, lorsqu'un ou plusieurs indicateurs ne sont pas calculables, les autres indicateurs sont calculés. Le nombre total de points ainsi obtenus est ramené sur cent en appliquant la règle de la proportionnalité.
Dès lors que le nombre maximum de points pouvant être obtenus, au total, par l'entreprise, avant application de la règle de la proportionnalité, est inférieur à soixante-quinze points, le niveau de résultat mentionné au premier alinéa du paragraphe 5 ne peut être déterminé pour la période de référence annuelle considérée. Le fait de ne pas pouvoir déterminer le niveau de résultat n'exonère pas l'entreprise de son obligation de mettre les indicateurs qui peuvent être calculés à disposition du comité social et économique, ainsi que des services du ministre chargé du travail selon les modalités fixées à l'article D. 1142-5.
5.2. Prise en compte des mesures de correction
Afin de ne pas pénaliser les entreprises prenant des mesures adéquates et pertinentes et, le cas échéant, programmant des mesures financières de rattrapage salarial, en application de l'article L. 1142-9, lorsque l'indicateur défini au 1° de l'article D. 1142-2 est calculable et que l'entreprise n'obtient pas la note maximale pour cet indicateur :
-elle obtient le maximum de points à l'indicateur défini au 2° de l'article D. 1142-2 si les écarts constatés à cet indicateur favorisent la population ayant la rémunération la plus faible au regard des résultats obtenus à l'indicateur 1° ;
-elle obtient le maximum de points à l'indicateur défini au 3° de l'article D. 1142-2 si les écarts constatés à cet indicateur favorisent la population ayant la rémunération la plus faible au regard des résultats obtenus à l'indicateur 1°.
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Code du travail - Article Annexe I
Partie réglementaire - Les relations individuelles de travail - Dispositions préliminaires - Egalité professionnelle entre les femmes et les hommes - Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise - Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise et à assurer une répartition équilibrée de chaque sexe parmi les cadres dirigeants et les membres des instances dirigeantes - Annexes
10 points
Supérieur à 5 et inférieur ou égal à 10 points de %
5 points
Supérieur à 10 points de %
0 point
(1) La notion d'augmentation individuelle correspond à une augmentation individuelle du salaire de base du salarié concerné.
(2) La notion de promotion retenue correspond au passage à niveau ou un coefficient hiérarchique supérieur.
4.3. Indicateur relatif au pourcentage de salariées ayant bénéficié d'une augmentation dans l'année suivant leur retour de congé de maternité
INDICATEUR
RESULTATS OBTENUS
NOMBRE DE POINTS
Pourcentage de salariées revenues de congé maternité pendant l'année de référence et ayant bénéficié d'une augmentation à leur retour pendant cette même période, si des augmentations sont intervenues durant la durée de leur congé (4° de l'article D. 1142-2)
Egal à 100 %
15 points
Inférieur à 100 %
0 point
4.4. Indicateur relatif au nombre de salariés du sexe sous-représenté parmi les dix salariés ayant perçu les plus hautes rémunérations
INDICATEUR
METHODE DE CALCUL
RESULTATS OBTENUS
NOMBRE
DE POINTS
Nombre de salariés du sexe sous-représenté parmi les dix salariés ayant perçu les plus hautes rémunérations (5° de l'article D. 1142-2)
L'indicateur est le plus petit des deux nombres suivants : le nombre de femmes et le nombre d'hommes parmi les salariés ayant perçu les 10 plus hautes rémunérations (nombres compris entre 0 et 10).
4 ou 5 salariés
10 points
2 ou 3 salariés
5 points
0 ou 1 salarié
0 point
5. Niveau de résultat
Le niveau de résultat obtenu par l'entreprise au regard des indicateurs définis à l'article D. 1142-2 correspond à la somme des points obtenus pour chacun des indicateurs en application du barème prévu au paragraphe 4.
5.1. Détermination du niveau de résultat en cas d'indicateurs incalculables
Des indicateurs peuvent ne pas être calculables dans les cas suivants :
-pour le calcul de l'indicateur défini au 1° de l'article D. 1142-2 : parce que l'effectif total retenu, en application des modalités de calcul définies au paragraphe 4.1, est inférieur à 40 % de l'effectif devant être pris en compte pour le calcul de l'ensemble des indicateurs, selon les dispositions prévues au paragraphe 2 ;
-pour le calcul des indicateurs définis aux 2° et 3° de l'article D. 1142-2 : soit parce qu'aucune promotion ou aucune augmentation individuelle n'est intervenue au cours de la période de référence annuelle considérée, soit parce que l'effectif total retenu, en application des modalités de calcul définies au paragraphe 4.2, est inférieur à 40 % de l'effectif devant être pris en compte pour le calcul de l'ensemble des indicateurs, selon les dispositions prévues au paragraphe 2 ;
-pour le calcul de l'indicateur défini au 4° de l'article D. 1142-2 : parce qu'aucun retour de congé maternité n'est intervenu au cours de la période de référence annuelle considérée ou qu'aucune augmentation n'est intervenue durant la durée de ces congés.
Pour les cas énumérés ci-dessus, lorsqu'un ou plusieurs indicateurs ne sont pas calculables, les autres indicateurs sont calculés. Le nombre total de points ainsi obtenus est ramené sur cent en appliquant la règle de la proportionnalité.
Dès lors que le nombre maximum de points pouvant être obtenus, au total, par l'entreprise, avant application de la règle de la proportionnalité, est inférieur à soixante-quinze points, le niveau de résultat mentionné au premier alinéa du paragraphe 5 ne peut être déterminé pour la période de référence annuelle considérée. Le fait de ne pas pouvoir déterminer le niveau de résultat n'exonère pas l'entreprise de son obligation de mettre les indicateurs qui peuvent être calculés à disposition du comité social et économique, ainsi que des services du ministre chargé du travail selon les modalités fixées à l'article D. 1142-5.
5.2. Prise en compte des mesures de correction
Afin de ne pas pénaliser les entreprises prenant des mesures adéquates et pertinentes et, le cas échéant, programmant des mesures financières de rattrapage salarial, en application de l'article L. 1142-9, lorsque l'indicateur défini au 1° de l'article D. 1142-2 est calculable et que l'entreprise n'obtient pas la note maximale pour cet indicateur :
-elle obtient le maximum de points à l'indicateur défini au 2° de l'article D. 1142-2 si les écarts constatés à cet indicateur favorisent la population ayant la rémunération la plus faible au regard des résultats obtenus à l'indicateur 1° ;
-elle obtient le maximum de points à l'indicateur défini au 3° de l'article D. 1142-2 si les écarts constatés à cet indicateur favorisent la population ayant la rémunération la plus faible au regard des résultats obtenus à l'indicateur 1°.
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LEGIARTI000024500716_0
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LEGIARTI000024500716
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie législative - Huitième partie : Contrôle de l'application de la législation du travail - Livre II : Lutte contre le travail illégal - Titre VII : Contrôle du travail illégal - Chapitre Ier : Compétence des agents - Section 1 : Dispositions communes.
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L8271-5
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2011-09-30
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2999-01-01
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Les agents de contrôle mentionnés à l'article L. 8271-1-2 peuvent, sur demande écrite, obtenir des organismes chargés d'un régime de protection sociale ou des caisses assurant le service des congés payés mentionnées au livre Ier de la troisième partie tous renseignements ou tous documents utiles à l'accomplissement de leurs missions en matière de travail illégal.
Ils transmettent à ces organismes, qui doivent en faire la demande par écrit, tous renseignements et tous documents permettant à ces derniers de recouvrer les sommes impayées ou d'obtenir le remboursement de sommes indûment versées.
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Code du travail - Article L8271-5
Partie législative - Contrôle de l'application de la législation du travail - Lutte contre le travail illégal - Contrôle du travail illégal - Compétence des agents - Dispositions communes.
Les agents de contrôle mentionnés à l'article L. 8271-1-2 peuvent, sur demande écrite, obtenir des organismes chargés d'un régime de protection sociale ou des caisses assurant le service des congés payés mentionnées au livre Ier de la troisième partie tous renseignements ou tous documents utiles à l'accomplissement de leurs missions en matière de travail illégal.
Ils transmettent à ces organismes, qui doivent en faire la demande par écrit, tous renseignements et tous documents permettant à ces derniers de recouvrer les sommes impayées ou d'obtenir le remboursement de sommes indûment versées.
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LEGIARTI000022875717_0
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LEGIARTI000022875717
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Article
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CODE
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VIGUEUR
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Code de la santé publique
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Code de la santé publique
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Partie réglementaire - Sixième partie : Etablissements et services de santé - Livre Ier : Etablissements de santé - Titre V : Personnels médicaux et pharmaceutiques - Chapitre II : Praticiens hospitaliers - Section 1 : Statut des praticiens hospitaliers à temps plein - Section 1 : Statut des praticiens hospitaliers - Sous-section 6 : Exercice de fonctions - Positions - Paragraphe 1 : Activité et congés - 3. Congés.
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R6152-35-2
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2010-10-01
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2999-01-01
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Un congé de présence parentale non rémunéré ou une réduction de quotité de travail est accordé dans les conditions prévues à l'article L. 1225-62 du code du travail et aux dispositions réglementaires prises pour son application au praticien hospitalier dont l'enfant à charge est victime d'une maladie, d'un accident ou d'un handicap grave.
La durée de ce congé est assimilée à une période de services effectifs et ne peut être imputée sur la durée du congé annuel.
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Code de la santé publique - Article R6152-35-2
Partie réglementaire - Etablissements et services de santé - Etablissements de santé - Personnels médicaux et pharmaceutiques - Praticiens hospitaliers - Statut des praticiens hospitaliers à temps plein - Statut des praticiens hospitaliers - Exercice de fonctions - Positions - Activité et congés - 3. Congés.
Un congé de présence parentale non rémunéré ou une réduction de quotité de travail est accordé dans les conditions prévues à l'article L. 1225-62 du code du travail et aux dispositions réglementaires prises pour son application au praticien hospitalier dont l'enfant à charge est victime d'une maladie, d'un accident ou d'un handicap grave.
La durée de ce congé est assimilée à une période de services effectifs et ne peut être imputée sur la durée du congé annuel.
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LEGIARTI000051555567_0
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LEGIARTI000051555567
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Article
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CODE
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ABROGE_DIFF
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VI : Les institutions en matière bancaire et financière - Titre II : L'Autorité des marchés financiers - Chapitre unique : L'Autorité des marchés financiers - Section 4 : Pouvoirs - Sous-section 1 : Réglementation et décisions
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L621-7
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2025-05-03
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2026-07-01
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Le règlement général de l'Autorité des marchés financiers détermine notamment :
I. – Les règles de pratique professionnelle qui s'imposent aux émetteurs lorsqu'ils procèdent à des offres au public, à l'exception de celles mentionnées au 1° de l'article L. 411-2 ou au 2 ou 3 de l'article L. 411-2-1, ou dont les instruments financiers, des unités mentionnées à l'article L. 229-7 du code de l'environnement sont admis aux négociations sur un marché réglementé ainsi que les règles qui doivent être respectées lors d'opérations sur des instruments financiers et des actifs mentionnés au II de l'article L. 421-1 admis aux négociations sur une plateforme de négociation.
I bis. – Les règles qui s'imposent aux prestataires enregistrés conformément à l'article L. 54-10-3, pour leurs obligations prévues aux 5° et 6° du même article L. 54-10-3, et aux prestataires agréés conformément à l'article L. 54-10-5 et aux prestataires de services sur crypto-actifs autorisés conformément à l'article 59 du règlement (UE) 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs.
I ter. – Les règles qui s'imposent aux offreurs et aux personnes qui demandent l'admission à la négociation de crypto-actifs, au sens du chapitre II du titre V du livre V du présent code.
II. – Les règles relatives aux offres publiques d'acquisition portant sur des titres financiers admis aux négociations sur un marché réglementé.
III. – Les règles de bonne conduite, les règles d'organisation, les règles relatives à la négociation algorithmique et les autres obligations professionnelles que doivent respecter à tout moment les personnes mentionnées au II de l'article L. 621-9.
IV. – Concernant les prestataires de services d'investissement autres que les sociétés de gestion de portefeuille, les entreprises de marché et les membres des marchés réglementés, les chambres de compensation et leurs adhérents :
1° Les conditions d'exercice, par les prestataires de services d'investissement autres que les sociétés de gestion de portefeuille, des services définis à l'article L. 321-2 ;
2° Les conditions d'adhésion aux chambres de compensation et d'exercice des activités des adhérents des chambres de compensation mentionnées à l'article L. 440-2 ;
3° Les conditions dans lesquelles peut être délivrée ou retirée une carte professionnelle aux personnes physiques placées sous l'autorité ou agissant pour le compte des prestataires de services d'investissement autres que les sociétés de gestion de portefeuille, des entreprises de marché, des membres des marchés réglementés et des chambres de compensation ;
4° Les règles applicables aux personnes mentionnées à l'article L. 532-18-1 ;
5° Les conditions dans lesquelles, en application de l'article L. 440-1, l'Autorité des marchés financiers approuve les règles des chambres de compensation, sans préjudice des compétences conférées à la Banque de France par l'article L. 141-4 ;
6° Les conditions d'exercice, par les membres d'un marché réglementé, d'activités pour compte propre et pour compte de tiers sur des unités mentionnées à l'article L. 229-7 du code de l'environnement ou des actifs mentionnés au II de l'article L. 421-1 du présent code.
V. – Concernant les activités de gestion pour le compte de tiers et les placements collectifs :
1° (Supprimé)
2° Les conditions d'agrément et d'exercice de l'activité des sociétés de gestion de placements collectifs mentionnées à l'article L. 543-1 ;
3° Les conditions d'agrément des placements collectifs mentionnés au I de l'article L. 214-1 ;
4° Les conditions d'exercice de l'activité de dépositaire de placements collectifs mentionnés au I de l'article L. 214-1 ;
5° Les conditions dans lesquelles, en application de l'article L. 533-10-1, la méthode de gestion des risques est mise en place pour les sociétés de gestion de portefeuille et les prestataires de services d'investissement qui fournissent le service d'investissement mentionné au 4 du l'article L. 321-1 ;
6° Les conditions dans lesquelles peut être délivrée ou retirée une carte professionnelle aux personnes physiques placées sous l'autorité ou agissant pour le compte des sociétés de gestion de portefeuille.
VI. – Concernant la conservation et l'administration d'instruments financiers, les dépositaires centraux et les systèmes de règlement et de livraison d'instruments financiers :
1° Les conditions d'exercice des activités de conservation ou d'administration d'instruments financiers par les personnes morales qui effectuent des opérations d'offres au public de titres financiers autres que celles mentionnées au 1° ou 2° de l'article L. 411-2 ou à l'article L. 411-2-1 ou d'admission d'instruments financiers aux négociations sur un marché réglementé et les intermédiaires habilités à ce titre dans les conditions fixées à l'article L. 542-1 ;
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Code monétaire et financier - Article L621-7
Partie législative - Les institutions en matière bancaire et financière - L'Autorité des marchés financiers - L'Autorité des marchés financiers - Pouvoirs - Réglementation et décisions
Le règlement général de l'Autorité des marchés financiers détermine notamment :
I. – Les règles de pratique professionnelle qui s'imposent aux émetteurs lorsqu'ils procèdent à des offres au public, à l'exception de celles mentionnées au 1° de l'article L. 411-2 ou au 2 ou 3 de l'article L. 411-2-1, ou dont les instruments financiers, des unités mentionnées à l'article L. 229-7 du code de l'environnement sont admis aux négociations sur un marché réglementé ainsi que les règles qui doivent être respectées lors d'opérations sur des instruments financiers et des actifs mentionnés au II de l'article L. 421-1 admis aux négociations sur une plateforme de négociation.
I bis. – Les règles qui s'imposent aux prestataires enregistrés conformément à l'article L. 54-10-3, pour leurs obligations prévues aux 5° et 6° du même article L. 54-10-3, et aux prestataires agréés conformément à l'article L. 54-10-5 et aux prestataires de services sur crypto-actifs autorisés conformément à l'article 59 du règlement (UE) 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs.
I ter. – Les règles qui s'imposent aux offreurs et aux personnes qui demandent l'admission à la négociation de crypto-actifs, au sens du chapitre II du titre V du livre V du présent code.
II. – Les règles relatives aux offres publiques d'acquisition portant sur des titres financiers admis aux négociations sur un marché réglementé.
III. – Les règles de bonne conduite, les règles d'organisation, les règles relatives à la négociation algorithmique et les autres obligations professionnelles que doivent respecter à tout moment les personnes mentionnées au II de l'article L. 621-9.
IV. – Concernant les prestataires de services d'investissement autres que les sociétés de gestion de portefeuille, les entreprises de marché et les membres des marchés réglementés, les chambres de compensation et leurs adhérents :
1° Les conditions d'exercice, par les prestataires de services d'investissement autres que les sociétés de gestion de portefeuille, des services définis à l'article L. 321-2 ;
2° Les conditions d'adhésion aux chambres de compensation et d'exercice des activités des adhérents des chambres de compensation mentionnées à l'article L. 440-2 ;
3° Les conditions dans lesquelles peut être délivrée ou retirée une carte professionnelle aux personnes physiques placées sous l'autorité ou agissant pour le compte des prestataires de services d'investissement autres que les sociétés de gestion de portefeuille, des entreprises de marché, des membres des marchés réglementés et des chambres de compensation ;
4° Les règles applicables aux personnes mentionnées à l'article L. 532-18-1 ;
5° Les conditions dans lesquelles, en application de l'article L. 440-1, l'Autorité des marchés financiers approuve les règles des chambres de compensation, sans préjudice des compétences conférées à la Banque de France par l'article L. 141-4 ;
6° Les conditions d'exercice, par les membres d'un marché réglementé, d'activités pour compte propre et pour compte de tiers sur des unités mentionnées à l'article L. 229-7 du code de l'environnement ou des actifs mentionnés au II de l'article L. 421-1 du présent code.
V. – Concernant les activités de gestion pour le compte de tiers et les placements collectifs :
1° (Supprimé)
2° Les conditions d'agrément et d'exercice de l'activité des sociétés de gestion de placements collectifs mentionnées à l'article L. 543-1 ;
3° Les conditions d'agrément des placements collectifs mentionnés au I de l'article L. 214-1 ;
4° Les conditions d'exercice de l'activité de dépositaire de placements collectifs mentionnés au I de l'article L. 214-1 ;
5° Les conditions dans lesquelles, en application de l'article L. 533-10-1, la méthode de gestion des risques est mise en place pour les sociétés de gestion de portefeuille et les prestataires de services d'investissement qui fournissent le service d'investissement mentionné au 4 du l'article L. 321-1 ;
6° Les conditions dans lesquelles peut être délivrée ou retirée une carte professionnelle aux personnes physiques placées sous l'autorité ou agissant pour le compte des sociétés de gestion de portefeuille.
VI. – Concernant la conservation et l'administration d'instruments financiers, les dépositaires centraux et les systèmes de règlement et de livraison d'instruments financiers :
1° Les conditions d'exercice des activités de conservation ou d'administration d'instruments financiers par les personnes morales qui effectuent des opérations d'offres au public de titres financiers autres que celles mentionnées au 1° ou 2° de l'article L. 411-2 ou à l'article L. 411-2-1 ou d'admission d'instruments financiers aux négociations sur un marché réglementé et les intermédiaires habilités à ce titre dans les conditions fixées à l'article L. 542-1 ;
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LEGIARTI000051555567_1
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LEGIARTI000051555567
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Article
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CODE
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ABROGE_DIFF
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VI : Les institutions en matière bancaire et financière - Titre II : L'Autorité des marchés financiers - Chapitre unique : L'Autorité des marchés financiers - Section 4 : Pouvoirs - Sous-section 1 : Réglementation et décisions
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L621-7
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2025-05-03
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2026-07-01
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2° Les conditions dans lesquelles, en application du III de l'article L. 441-1, l'Autorité des marchés financiers approuve les règles de fonctionnement des dépositaires centraux et des systèmes de règlement et de livraison d'instruments financiers qu'ils gèrent, sans préjudice des compétences conférées à la Banque de France par l'article L. 141-4 ;
3° Les conditions dans lesquelles une carte professionnelle peut être délivrée ou retirée aux personnes physiques placées sous l'autorité ou agissant pour le compte des dépositaires centraux mentionnés au 1° du I de l'article L. 441-1.
VII. – Concernant les plates-formes de négociation et leurs gestionnaires au sens de l'article L. 420-1 :
1° Les principes généraux d'organisation et de fonctionnement que doivent respecter les marchés réglementés, ainsi que les règles relatives à l'exécution des transactions sur instruments financiers, unités mentionnées à l'article L. 229-7 du code de l'environnement et actifs mentionnés au II de l'article L. 421-1 du présent code négociés ou admis aux négociations sur ces marchés ;
2° Les conditions dans lesquelles l'Autorité des marchés financiers, en application des articles L. 421-4, L. 421-5 et L. 421-10, propose la reconnaissance, la révision ou le retrait de la qualité de marché réglementé au sens de l'article L. 421-1 et les conditions dans lesquelles l'entreprise de marché, en application de l'article L. 421-10, publie les règles de marché ;
3° Les principes généraux d'organisation et de fonctionnement des systèmes multilatéraux de négociation et des systèmes organisés de négociation ;
4° Les principes généraux d'organisation et de fonctionnement des entreprises de marché dans les conditions prévues au III de l'article L. 421-11 ;
5° Les conditions dans lesquelles l'Autorité des marchés financiers autorise une entreprise de marché à gérer un système multilatéral de négociation, conformément aux dispositions du troisième alinéa de l'article L. 424-1, ou à gérer un système organisé de négociation, conformément aux dispositions du neuvième alinéa de l'article L. 425-1 ;
6° Les règles relatives à l'information de l'Autorité des marchés financiers et du public concernant les ordres, les transactions et les positions sur instruments financiers, unités mentionnées à l'article L. 229-7 du code de l'environnement et actifs mentionnés au II de l'article L. 421-1 du présent code négociés ou admis aux négociations sur un marché réglementé ;
7° Les conditions dans lesquelles, en application des articles L. 420-10 et L. 421-15, les décisions d'admission, de suspension ou de radiation d'un instrument financier des négociations sont rendues publiques par les personnes qui les ont prises ;
8° Les obligations incombant aux membres du marché réglementé, ainsi que les conditions d'application de l'article L. 421-17 ;
9° Les conditions dans lesquelles l'entreprise de marché décide de l'admission des membres au marché réglementé, en application de l'article L. 421-17, et vérifie le respect des règles de marché par ces membres, contrôle les transactions sur ce marché et prévient les abus de marché, en application de l'article L. 420-9 ;
10° Les conditions dans lesquelles les règles du système multilatéral de négociation ou du système organisé de négociation sont publiées par le gestionnaire du système et les informations fournies au public ou aux membres par le gestionnaire du système, en application des articles L. 424-2 et L. 425-2 ;
11° Les conditions dans lesquelles, en application de l'article L. 425-4, l'exécution des ordres sur un système organisé de négociation est mise en œuvre dans un cadre discrétionnaire.
VIII. – Les conditions d'exercice de l'activité des personnes, autres que celles mentionnées aux 1° et 7° du II de l'article L. 621-9, qui produisent et diffusent à titre de profession habituelle des analyses financières ou des recommandations d'investissement au sens des points 34 et 35 du 1 de l'article 3 du règlement (UE) n° 596/2014 du Parlement européen et du Conseil du 16 avril 2014 sur les abus de marché et les règles de bonne conduite s'appliquant aux personnes physiques placées sous leur autorité ou agissant pour leur compte.
IX.-Les modalités d'exécution, par dépôt ou par diffusion, des obligations de publicité et d'information édictées par le présent code au titre de la transparence des marchés financiers et dans le cadre des opérations d'offres au public de titres financiers autres que celles mentionnées au 1° ou au 2° de l'article L. 411-2 ou à l'article L. 411-2-1 ou d'admission d'instruments financiers aux négociations sur un marché réglementé.
X. – Les critères selon lesquels un marché de titres de dette souveraine est considéré comme liquide, en application du II de l'article L. 425-5.
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Code monétaire et financier - Article L621-7
Partie législative - Les institutions en matière bancaire et financière - L'Autorité des marchés financiers - L'Autorité des marchés financiers - Pouvoirs - Réglementation et décisions
2° Les conditions dans lesquelles, en application du III de l'article L. 441-1, l'Autorité des marchés financiers approuve les règles de fonctionnement des dépositaires centraux et des systèmes de règlement et de livraison d'instruments financiers qu'ils gèrent, sans préjudice des compétences conférées à la Banque de France par l'article L. 141-4 ;
3° Les conditions dans lesquelles une carte professionnelle peut être délivrée ou retirée aux personnes physiques placées sous l'autorité ou agissant pour le compte des dépositaires centraux mentionnés au 1° du I de l'article L. 441-1.
VII. – Concernant les plates-formes de négociation et leurs gestionnaires au sens de l'article L. 420-1 :
1° Les principes généraux d'organisation et de fonctionnement que doivent respecter les marchés réglementés, ainsi que les règles relatives à l'exécution des transactions sur instruments financiers, unités mentionnées à l'article L. 229-7 du code de l'environnement et actifs mentionnés au II de l'article L. 421-1 du présent code négociés ou admis aux négociations sur ces marchés ;
2° Les conditions dans lesquelles l'Autorité des marchés financiers, en application des articles L. 421-4, L. 421-5 et L. 421-10, propose la reconnaissance, la révision ou le retrait de la qualité de marché réglementé au sens de l'article L. 421-1 et les conditions dans lesquelles l'entreprise de marché, en application de l'article L. 421-10, publie les règles de marché ;
3° Les principes généraux d'organisation et de fonctionnement des systèmes multilatéraux de négociation et des systèmes organisés de négociation ;
4° Les principes généraux d'organisation et de fonctionnement des entreprises de marché dans les conditions prévues au III de l'article L. 421-11 ;
5° Les conditions dans lesquelles l'Autorité des marchés financiers autorise une entreprise de marché à gérer un système multilatéral de négociation, conformément aux dispositions du troisième alinéa de l'article L. 424-1, ou à gérer un système organisé de négociation, conformément aux dispositions du neuvième alinéa de l'article L. 425-1 ;
6° Les règles relatives à l'information de l'Autorité des marchés financiers et du public concernant les ordres, les transactions et les positions sur instruments financiers, unités mentionnées à l'article L. 229-7 du code de l'environnement et actifs mentionnés au II de l'article L. 421-1 du présent code négociés ou admis aux négociations sur un marché réglementé ;
7° Les conditions dans lesquelles, en application des articles L. 420-10 et L. 421-15, les décisions d'admission, de suspension ou de radiation d'un instrument financier des négociations sont rendues publiques par les personnes qui les ont prises ;
8° Les obligations incombant aux membres du marché réglementé, ainsi que les conditions d'application de l'article L. 421-17 ;
9° Les conditions dans lesquelles l'entreprise de marché décide de l'admission des membres au marché réglementé, en application de l'article L. 421-17, et vérifie le respect des règles de marché par ces membres, contrôle les transactions sur ce marché et prévient les abus de marché, en application de l'article L. 420-9 ;
10° Les conditions dans lesquelles les règles du système multilatéral de négociation ou du système organisé de négociation sont publiées par le gestionnaire du système et les informations fournies au public ou aux membres par le gestionnaire du système, en application des articles L. 424-2 et L. 425-2 ;
11° Les conditions dans lesquelles, en application de l'article L. 425-4, l'exécution des ordres sur un système organisé de négociation est mise en œuvre dans un cadre discrétionnaire.
VIII. – Les conditions d'exercice de l'activité des personnes, autres que celles mentionnées aux 1° et 7° du II de l'article L. 621-9, qui produisent et diffusent à titre de profession habituelle des analyses financières ou des recommandations d'investissement au sens des points 34 et 35 du 1 de l'article 3 du règlement (UE) n° 596/2014 du Parlement européen et du Conseil du 16 avril 2014 sur les abus de marché et les règles de bonne conduite s'appliquant aux personnes physiques placées sous leur autorité ou agissant pour leur compte.
IX.-Les modalités d'exécution, par dépôt ou par diffusion, des obligations de publicité et d'information édictées par le présent code au titre de la transparence des marchés financiers et dans le cadre des opérations d'offres au public de titres financiers autres que celles mentionnées au 1° ou au 2° de l'article L. 411-2 ou à l'article L. 411-2-1 ou d'admission d'instruments financiers aux négociations sur un marché réglementé.
X. – Les critères selon lesquels un marché de titres de dette souveraine est considéré comme liquide, en application du II de l'article L. 425-5.
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LEGIARTI000051555567_2
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LEGIARTI000051555567
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Article
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CODE
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ABROGE_DIFF
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VI : Les institutions en matière bancaire et financière - Titre II : L'Autorité des marchés financiers - Chapitre unique : L'Autorité des marchés financiers - Section 4 : Pouvoirs - Sous-section 1 : Réglementation et décisions
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L621-7
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2025-05-03
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2026-07-01
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X. – Les critères selon lesquels un marché de titres de dette souveraine est considéré comme liquide, en application du II de l'article L. 425-5.
XI. – Les connaissances nécessaires aux personnes physiques qui fournissent pour le compte d'une entreprise d'investissement et, le cas échéant, d'une société de gestion de portefeuille des conseils en investissements ou des informations sur des instruments financiers, des services d'investissement ou des services connexes à des clients, en application de l'article L. 533-12-6 et du VII de l'article L. 532-9.
XII. – Les critères de détermination des marchés étrangers reconnus, en application de l'article L. 423-1.
XIII. – Les conditions de fixation et de révision des limites de position et de fourniture des déclarations de position en application des articles L. 420-11 à L. 420-16.
XIV. – Les modalités selon lesquelles les entités ou les personnes mentionnées au II de l'article L. 621-9 :
1° Peuvent remettre, fournir, mettre à disposition ou communiquer des informations ou des documents relatifs à un contrat à leurs clients par voie dématérialisée sur un support durable et accessible ;
2° Peuvent conclure ou modifier des contrats avec leurs clients par voie de signature électronique.
XV. – Les règles applicables à la fourniture de produits paneuropéens d'épargne-retraite individuelle par les personnes mentionnées à l'article L. 621-20-10 pour lesquelles le règlement (UE) 2019/1238 du Parlement européen et du Conseil du 20 juin 2019 relatif à un produit paneuropéen d'épargne-retraite individuelle (PEPP) renvoie à la compétence des Etats membres.
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Code monétaire et financier - Article L621-7
Partie législative - Les institutions en matière bancaire et financière - L'Autorité des marchés financiers - L'Autorité des marchés financiers - Pouvoirs - Réglementation et décisions
X. – Les critères selon lesquels un marché de titres de dette souveraine est considéré comme liquide, en application du II de l'article L. 425-5.
XI. – Les connaissances nécessaires aux personnes physiques qui fournissent pour le compte d'une entreprise d'investissement et, le cas échéant, d'une société de gestion de portefeuille des conseils en investissements ou des informations sur des instruments financiers, des services d'investissement ou des services connexes à des clients, en application de l'article L. 533-12-6 et du VII de l'article L. 532-9.
XII. – Les critères de détermination des marchés étrangers reconnus, en application de l'article L. 423-1.
XIII. – Les conditions de fixation et de révision des limites de position et de fourniture des déclarations de position en application des articles L. 420-11 à L. 420-16.
XIV. – Les modalités selon lesquelles les entités ou les personnes mentionnées au II de l'article L. 621-9 :
1° Peuvent remettre, fournir, mettre à disposition ou communiquer des informations ou des documents relatifs à un contrat à leurs clients par voie dématérialisée sur un support durable et accessible ;
2° Peuvent conclure ou modifier des contrats avec leurs clients par voie de signature électronique.
XV. – Les règles applicables à la fourniture de produits paneuropéens d'épargne-retraite individuelle par les personnes mentionnées à l'article L. 621-20-10 pour lesquelles le règlement (UE) 2019/1238 du Parlement européen et du Conseil du 20 juin 2019 relatif à un produit paneuropéen d'épargne-retraite individuelle (PEPP) renvoie à la compétence des Etats membres.
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LEGIARTI000038137266_0
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LEGIARTI000038137266
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Article
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CODE
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ABROGE_DIFF
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Code du travail
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Code du travail
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Partie réglementaire - Première partie : Les relations individuelles de travail - Livre Ier : Dispositions préliminaires - Titre IV : Egalité professionnelle entre les femmes et les hommes - Chapitre II bis : Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise - Chapitre II bis : Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise et à assurer une répartition équilibrée de chaque sexe parmi les cadres dirigeants et les membres des instances dirigeantes - Annexes
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Annexe II
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2019-01-01
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2029-03-01
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MODALITÉS DE CALCUL ET D'ÉVALUATION DES INDICATEURS DÉFINIS À L'ARTICLE D. 1142-2-1 POUR LES ENTREPRISES ENTRE 50 ET 250 SALARIÉS
1. Période de référence L'employeur peut choisir la période de douze mois consécutifs servant de période de référence pour le calcul des indicateurs. Les indicateurs sont calculés chaque année par l'employeur, au plus tard le 1er mars de l'année en cours, à partir des données de la période de référence annuelle choisie par l'employeur qui précède l'année de publication des indicateurs. L'employeur peut décider de calculer l'indicateur relatif aux augmentations individuelles, défini au 2° de l'article D. 1142-2-1, sur une période de référence pluriannuelle, à partir des données des deux ou trois années précédentes. Son caractère pluriannuel peut être révisé tous les trois ans. 2. Salariés à prendre en compte pour le calcul des indicateurs L'effectif des salariés à prendre en compte pour le calcul des indicateurs est apprécié sur la période de référence annuelle choisie par l'employeur. Les apprentis, les titulaires d'un contrat de professionnalisation, les salariés mis à la disposition de l'entreprise par une entreprise extérieure, les salariés expatriés, ainsi que les salariés absents plus de la moitié de la période de référence considérée ne sont pas pris en compte dans les effectifs de l'entreprise pour le calcul des indicateurs. Les caractéristiques individuelles des salariés suivantes sont appréciées au dernier jour de la période de référence annuelle choisie par l'employeur ou au dernier jour de présence du salarié dans l'entreprise :
-l'âge ;-le niveau ou coefficient hiérarchique en application de la classification de branche ;-le niveau selon la méthode de cotation des postes de l'entreprise ;-la catégorie socioprofessionnelle.
3. Eléments de la rémunération à prendre en compte pour le calcul des indicateurs La rémunération de chaque salarié, au sens de l'article L. 3221-3, est reconstituée en équivalent temps plein sur la période de référence annuelle considérée. Les indemnités de licenciement et de départ à la retraite, les primes liées à une sujétion particulière qui ne concerne pas la personne du salarié, les primes d'ancienneté, les heures supplémentaires, les heures complémentaires, ainsi que les versements effectués au titre de l'intéressement et de la participation ne sont pas pris en compte. 4. Méthode de calcul des indicateurs et barème à appliquer aux résultats ainsi obtenus Les indicateurs définis à l'article D. 1142-2-1 sont calculés et évalués selon un barème allant de 0 à 100 points, conformément aux tableaux suivants : 4.1. Indicateur relatif à l'écart de rémunération entre les femmes et les hommes
INDICATEUR
METHODE DE CALCUL
RESULTATS OBTENUS
NOMBRE DE POINTS
Ecart de rémunération entre les femmes et les hommes (1° de l'article D. 1142-2-1)
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Code du travail - Article Annexe II
Partie réglementaire - Les relations individuelles de travail - Dispositions préliminaires - Egalité professionnelle entre les femmes et les hommes - Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise - Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise et à assurer une répartition équilibrée de chaque sexe parmi les cadres dirigeants et les membres des instances dirigeantes - Annexes
MODALITÉS DE CALCUL ET D'ÉVALUATION DES INDICATEURS DÉFINIS À L'ARTICLE D. 1142-2-1 POUR LES ENTREPRISES ENTRE 50 ET 250 SALARIÉS
1. Période de référence L'employeur peut choisir la période de douze mois consécutifs servant de période de référence pour le calcul des indicateurs. Les indicateurs sont calculés chaque année par l'employeur, au plus tard le 1er mars de l'année en cours, à partir des données de la période de référence annuelle choisie par l'employeur qui précède l'année de publication des indicateurs. L'employeur peut décider de calculer l'indicateur relatif aux augmentations individuelles, défini au 2° de l'article D. 1142-2-1, sur une période de référence pluriannuelle, à partir des données des deux ou trois années précédentes. Son caractère pluriannuel peut être révisé tous les trois ans. 2. Salariés à prendre en compte pour le calcul des indicateurs L'effectif des salariés à prendre en compte pour le calcul des indicateurs est apprécié sur la période de référence annuelle choisie par l'employeur. Les apprentis, les titulaires d'un contrat de professionnalisation, les salariés mis à la disposition de l'entreprise par une entreprise extérieure, les salariés expatriés, ainsi que les salariés absents plus de la moitié de la période de référence considérée ne sont pas pris en compte dans les effectifs de l'entreprise pour le calcul des indicateurs. Les caractéristiques individuelles des salariés suivantes sont appréciées au dernier jour de la période de référence annuelle choisie par l'employeur ou au dernier jour de présence du salarié dans l'entreprise :
-l'âge ;-le niveau ou coefficient hiérarchique en application de la classification de branche ;-le niveau selon la méthode de cotation des postes de l'entreprise ;-la catégorie socioprofessionnelle.
3. Eléments de la rémunération à prendre en compte pour le calcul des indicateurs La rémunération de chaque salarié, au sens de l'article L. 3221-3, est reconstituée en équivalent temps plein sur la période de référence annuelle considérée. Les indemnités de licenciement et de départ à la retraite, les primes liées à une sujétion particulière qui ne concerne pas la personne du salarié, les primes d'ancienneté, les heures supplémentaires, les heures complémentaires, ainsi que les versements effectués au titre de l'intéressement et de la participation ne sont pas pris en compte. 4. Méthode de calcul des indicateurs et barème à appliquer aux résultats ainsi obtenus Les indicateurs définis à l'article D. 1142-2-1 sont calculés et évalués selon un barème allant de 0 à 100 points, conformément aux tableaux suivants : 4.1. Indicateur relatif à l'écart de rémunération entre les femmes et les hommes
INDICATEUR
METHODE DE CALCUL
RESULTATS OBTENUS
NOMBRE DE POINTS
Ecart de rémunération entre les femmes et les hommes (1° de l'article D. 1142-2-1)
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LEGIARTI000038137266_1
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LEGIARTI000038137266
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Article
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CODE
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ABROGE_DIFF
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Code du travail
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Code du travail
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Partie réglementaire - Première partie : Les relations individuelles de travail - Livre Ier : Dispositions préliminaires - Titre IV : Egalité professionnelle entre les femmes et les hommes - Chapitre II bis : Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise - Chapitre II bis : Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise et à assurer une répartition équilibrée de chaque sexe parmi les cadres dirigeants et les membres des instances dirigeantes - Annexes
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Annexe II
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2019-01-01
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2029-03-01
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INDICATEUR
METHODE DE CALCUL
RESULTATS OBTENUS
NOMBRE DE POINTS
Ecart de rémunération entre les femmes et les hommes (1° de l'article D. 1142-2-1)
a) Les salariés sont répartis en groupe, selon quatre tranches d'âge et par catégorie de postes équivalents. Les tranches d'âge sont les suivantes :-moins de 30 ans ;-de 30 à 39 ans ;-de 40 à 49 ans ;-et 50 ans et plus. S'agissant des catégories de postes équivalents, l'employeur peut répartir les salariés, après consultation du comité social et économique, par niveau ou coefficient hiérarchique, en application de la classification de branche ou d'une autre méthode de cotation des postes. La méthode de cotation des postes est adoptée après avis du comité social et économique. Si l'employeur ne souhaite pas répartir les salariés par niveau ou coefficient hiérarchique ou selon une autre méthode de cotation des postes, ou si ces méthodes de répartition ne permettent pas de calculer l'indicateur, il répartit les salariés entre les quatre catégories socioprofessionnelles suivantes :-ouvriers ;-employés ;-techniciens et agents de maîtrise ;-ingénieurs et cadres. b) Seuls les groupes comprenant au moins trois hommes et trois femmes sont pris en compte. Si, en application de cette règle, le calcul de l'indicateur par niveau ou coefficient hiérarchique, dans les conditions prévues au a), est rendu impossible, au regard du critère défini au paragraphe 5.1, le classement par niveau ou coefficient hiérarchique n'est pas retenu et les salariés sont regroupés selon les quatre catégories socioprofessionnelles définies au même a). c) La rémunération moyenne des femmes et des hommes est calculée pour chacun des groupes ainsi constitué, en calculant le salaire en équivalent temps plein pour chaque salariés puis en en faisant la moyenne. d) L'écart de rémunération est calculé, en pourcentage, pour chacun des groupes, en soustrayant la rémunération moyenne des femmes à la rémunération moyenne des hommes et en rapportant ce résultat à la rémunération moyenne des hommes. e) Dans les groupes constitués par catégorie socioprofessionnelle, le seuil de pertinence des écarts est de 5 %. Dans les groupes constitués par niveau ou coefficient hiérarchique, le seuil de pertinence des écarts est de 2 %. Lorsque l'écart de rémunération est positif, le seuil de pertinence est déduit de l'écart, sans toutefois pourvoir l'amener à devenir négatif (plancher à zéro). Lorsque l'écart de rémunération est négatif, le seuil de pertinence est ajouté à l'écart, sans toutefois pouvoir l'amener à devenir positif (plafond à zéro). f) Les écarts ainsi ajustés en fonction des seuils pour chacun des groupes sont multipliés par le ratio de l'effectif du groupe à l'effectif total des groupes pris en compte, puis additionnés pour obtenir l'écart global de rémunération entre les femmes et les hommes. g) Le résultat final est la valeur absolue de l'écart global de rémunération, arrondie à la première décimale.
Egal à 0 %
40 points
Supérieur à 0 % et inférieur ou égal à 1 %
39 points
Supérieur à 1 % et inférieur ou égal à 2 %
38 points
Supérieur à 2 % et inférieur ou égal à 3 %
37 points
Supérieur à 3 % et inférieur ou égal à 4 %
36 points
Supérieur à 4 % et inférieur ou égal à 5 %
35 points
Supérieur à 5 % et inférieur ou égal à 6 %
34 points
Supérieur à 6 % et inférieur ou égal à 7 %
33 points
Supérieur à 7 % et inférieur ou égal à 8 %
31 points
Supérieur à 8 % et inférieur ou égal à 9 %
29 points
Supérieur à 9 % et inférieur ou égal à 10 %
27 points
Supérieur à 10 % et inférieur ou égal à 11 %
25 points
Supérieur à 11 % et inférieur ou égal à 12 %
23 points
Supérieur à 12 % et inférieur ou égal à 13 %
21 points
Supérieur à 13 % et inférieur ou égal à 14 %
19 points
Supérieur à 14 % et inférieur ou égal à 15 %
17 points
Supérieur à 15 % et inférieur ou égal à 16 %
14 points
Supérieur à 16 % et inférieur ou égal à 17 %
11 points
Supérieur à 17 % et inférieur ou égal à 18 %
8 points
Supérieur à 18 % et inférieur ou égal à 19 %
5 points
Supérieur à 19 % et inférieur ou égal à 20 %
2 points
Supérieur à 20 %
0 point
4.2. Indicateur relatif à l'écart de taux d'augmentations individuelles entre les femmes et les hommes
INDICATEUR
METHODE DE CALCUL
RESULTATS OBTENUS
NOMBRE DE POINTS
Ecart de taux d'augmentations individuelles entre les femmes et les hommes (2° de l'article D. 1142-2-1)
|
Code du travail - Article Annexe II
Partie réglementaire - Les relations individuelles de travail - Dispositions préliminaires - Egalité professionnelle entre les femmes et les hommes - Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise - Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise et à assurer une répartition équilibrée de chaque sexe parmi les cadres dirigeants et les membres des instances dirigeantes - Annexes
INDICATEUR
METHODE DE CALCUL
RESULTATS OBTENUS
NOMBRE DE POINTS
Ecart de rémunération entre les femmes et les hommes (1° de l'article D. 1142-2-1)
a) Les salariés sont répartis en groupe, selon quatre tranches d'âge et par catégorie de postes équivalents. Les tranches d'âge sont les suivantes :-moins de 30 ans ;-de 30 à 39 ans ;-de 40 à 49 ans ;-et 50 ans et plus. S'agissant des catégories de postes équivalents, l'employeur peut répartir les salariés, après consultation du comité social et économique, par niveau ou coefficient hiérarchique, en application de la classification de branche ou d'une autre méthode de cotation des postes. La méthode de cotation des postes est adoptée après avis du comité social et économique. Si l'employeur ne souhaite pas répartir les salariés par niveau ou coefficient hiérarchique ou selon une autre méthode de cotation des postes, ou si ces méthodes de répartition ne permettent pas de calculer l'indicateur, il répartit les salariés entre les quatre catégories socioprofessionnelles suivantes :-ouvriers ;-employés ;-techniciens et agents de maîtrise ;-ingénieurs et cadres. b) Seuls les groupes comprenant au moins trois hommes et trois femmes sont pris en compte. Si, en application de cette règle, le calcul de l'indicateur par niveau ou coefficient hiérarchique, dans les conditions prévues au a), est rendu impossible, au regard du critère défini au paragraphe 5.1, le classement par niveau ou coefficient hiérarchique n'est pas retenu et les salariés sont regroupés selon les quatre catégories socioprofessionnelles définies au même a). c) La rémunération moyenne des femmes et des hommes est calculée pour chacun des groupes ainsi constitué, en calculant le salaire en équivalent temps plein pour chaque salariés puis en en faisant la moyenne. d) L'écart de rémunération est calculé, en pourcentage, pour chacun des groupes, en soustrayant la rémunération moyenne des femmes à la rémunération moyenne des hommes et en rapportant ce résultat à la rémunération moyenne des hommes. e) Dans les groupes constitués par catégorie socioprofessionnelle, le seuil de pertinence des écarts est de 5 %. Dans les groupes constitués par niveau ou coefficient hiérarchique, le seuil de pertinence des écarts est de 2 %. Lorsque l'écart de rémunération est positif, le seuil de pertinence est déduit de l'écart, sans toutefois pourvoir l'amener à devenir négatif (plancher à zéro). Lorsque l'écart de rémunération est négatif, le seuil de pertinence est ajouté à l'écart, sans toutefois pouvoir l'amener à devenir positif (plafond à zéro). f) Les écarts ainsi ajustés en fonction des seuils pour chacun des groupes sont multipliés par le ratio de l'effectif du groupe à l'effectif total des groupes pris en compte, puis additionnés pour obtenir l'écart global de rémunération entre les femmes et les hommes. g) Le résultat final est la valeur absolue de l'écart global de rémunération, arrondie à la première décimale.
Egal à 0 %
40 points
Supérieur à 0 % et inférieur ou égal à 1 %
39 points
Supérieur à 1 % et inférieur ou égal à 2 %
38 points
Supérieur à 2 % et inférieur ou égal à 3 %
37 points
Supérieur à 3 % et inférieur ou égal à 4 %
36 points
Supérieur à 4 % et inférieur ou égal à 5 %
35 points
Supérieur à 5 % et inférieur ou égal à 6 %
34 points
Supérieur à 6 % et inférieur ou égal à 7 %
33 points
Supérieur à 7 % et inférieur ou égal à 8 %
31 points
Supérieur à 8 % et inférieur ou égal à 9 %
29 points
Supérieur à 9 % et inférieur ou égal à 10 %
27 points
Supérieur à 10 % et inférieur ou égal à 11 %
25 points
Supérieur à 11 % et inférieur ou égal à 12 %
23 points
Supérieur à 12 % et inférieur ou égal à 13 %
21 points
Supérieur à 13 % et inférieur ou égal à 14 %
19 points
Supérieur à 14 % et inférieur ou égal à 15 %
17 points
Supérieur à 15 % et inférieur ou égal à 16 %
14 points
Supérieur à 16 % et inférieur ou égal à 17 %
11 points
Supérieur à 17 % et inférieur ou égal à 18 %
8 points
Supérieur à 18 % et inférieur ou égal à 19 %
5 points
Supérieur à 19 % et inférieur ou égal à 20 %
2 points
Supérieur à 20 %
0 point
4.2. Indicateur relatif à l'écart de taux d'augmentations individuelles entre les femmes et les hommes
INDICATEUR
METHODE DE CALCUL
RESULTATS OBTENUS
NOMBRE DE POINTS
Ecart de taux d'augmentations individuelles entre les femmes et les hommes (2° de l'article D. 1142-2-1)
|
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LEGIARTI000047622408_0
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LEGIARTI000047622408
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Article
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CODE
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VIGUEUR
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Code général des impôts, CGI
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Code général des impôts
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Livre premier : Assiette et liquidation de l'impôt - Première Partie : Impôts d'État - Titre premier : Impôts directs et taxes assimilées - Chapitre premier : Impôt sur le revenu - Section II : Revenus imposables - 1re Sous-section : Détermination des bénéfices ou revenus nets des diverses catégories de revenus - V : Traitements, salaires, pensions et rentes viagères - 2 : Détermination du revenu imposable
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83
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2023-06-03
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2999-01-01
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Modifications effectuées en conséquence de l'article 2-I-2° a de la loi n° 2022-1726 du 30 décembre 2022.
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Le montant net du revenu imposable est déterminé en déduisant du montant brut des sommes payées et des avantages en argent ou en nature accordés :
1° Les cotisations de sécurité sociale, y compris :
a) Les cotisations d'assurance vieillesse versées en exercice des facultés de rachat prévues aux articles L. 351-14-1 du code de la sécurité sociale, L. 9 bis du code des pensions civiles et militaires de retraite, ainsi que celles prévues par des dispositions réglementaires ayant le même objet prises sur le fondement de l'article L. 711-1 du code de la sécurité sociale ;
b) Les cotisations versées aux régimes de retraite complémentaire mentionnés au chapitre Ier du titre II du livre IX du code de la sécurité sociale ;
c) Les cotisations au régime public de retraite additionnel obligatoire institué par l'article 76 de la loi n° 2003-775 du 21 août 2003 portant réforme des retraites ;
1° 0 bis Les cotisations versées conformément aux dispositions du règlement CEE n° 1408/71 du Conseil du 14 juin 1971 relatif à l'application des régimes de sécurité sociale aux travailleurs salariés et aux membres de leur famille qui se déplacent à l'intérieur de la Communauté ou conformément aux stipulations d'une convention ou d'un accord international relatif à l'application des régimes de sécurité sociale ;
1° bis (Abrogé)
1° ter (Abrogé à compter de l'entrée en vigueur de la loi n° 2002-73 du 17 janvier 2002).
1° quater Les cotisations ou primes versées aux régimes de prévoyance complémentaire obligatoires et collectifs, au sens du sixième alinéa de l'article L. 242-1 du code de la sécurité sociale, à condition, lorsque ces cotisations ou primes financent des garanties portant sur le remboursement ou l'indemnisation de frais occasionnés par une maladie, une maternité ou un accident, que ces garanties respectent les conditions mentionnées à l'article L. 871-1 du code de la sécurité sociale. Il en va de même des cotisations ou primes versées par les employeurs publics et leurs agents aux contrats collectifs de protection sociale complémentaire pour lesquels la souscription des agents est rendue obligatoire en application d'un accord prévu à l'article L. 827-2 du code général de la fonction publique ou en application de l'arrêté mentionné au II de l'article L. 4123-3 du code de la défense.
Les cotisations ou les primes mentionnées au premier alinéa s'entendent, s'agissant des cotisations à la charge de l'employeur, de celles correspondant à des garanties autres que celles portant sur le remboursement ou l'indemnisation de frais occasionnés par une maladie, une maternité ou un accident.
Les cotisations à la charge de l'employeur correspondant à des garanties portant sur le remboursement ou l'indemnisation de frais occasionnés par une maladie, une maternité ou un accident sont ajoutées à la rémunération prise en compte pour la détermination des bases d'imposition.
Les cotisations ou les primes déductibles en application des premier et deuxcième alinéas le sont dans la limite d'un montant égal à la somme de 5 % du montant annuel du plafond mentionné à l'article L. 241-3 du code de la sécurité sociale et de 2 % de la rémunération annuelle brute, sans que le total ainsi obtenu puisse excéder 2 % de huit fois le montant annuel du plafond précité. En cas d'excédent, celui-ci est ajouté à la rémunération.
2° Les cotisations ou primes versées aux régimes de retraite supplémentaire, y compris ceux gérés par une institution mentionnée à l'article L. 370-1 du code des assurances pour les contrats mentionnés à l'article L. 143-1 dudit code lorsqu'ils ont pour objet l'acquisition et la jouissance de droits viagers, auxquels le salarié est affilié à titre obligatoire, ainsi que les cotisations versées, à compter du 1er janvier 1993, à titre obligatoire au régime de prévoyance des joueurs professionnels de football institué par la charte du football professionnel.
Il en va de même des versements mentionnés au 3° de l'article L. 224-2 du code monétaire et financier dans un plan d'épargne retraite mentionné à l'article L. 224-13 ou à l'article L. 224-23 du même code.
Les versements mentionnés aux alinéas précédents sont déductibles dans la limite, y compris les versements de l'employeur, de 8 % de la rémunération annuelle brute retenue à concurrence de huit fois le montant annuel du plafond mentionné à l'article L. 241-3 du code de la sécurité sociale. En cas d'excédent, celui-ci est ajouté à la rémunération ;
La limite mentionnée au troisième alinéa est réduite, le cas échéant, des sommes versées aux plans d'épargne retraite qui sont exonérées en application du 18° de l'article 81 ;
2°-0 bis (Abrogé) ;
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Code général des impôts - Article 83
Assiette et liquidation de l'impôt - Impôts d'État - Impôts directs et taxes assimilées - Impôt sur le revenu - Revenus imposables - Détermination des bénéfices ou revenus nets des diverses catégories de revenus - Traitements, salaires, pensions et rentes viagères - Détermination du revenu imposable
Le montant net du revenu imposable est déterminé en déduisant du montant brut des sommes payées et des avantages en argent ou en nature accordés :
1° Les cotisations de sécurité sociale, y compris :
a) Les cotisations d'assurance vieillesse versées en exercice des facultés de rachat prévues aux articles L. 351-14-1 du code de la sécurité sociale, L. 9 bis du code des pensions civiles et militaires de retraite, ainsi que celles prévues par des dispositions réglementaires ayant le même objet prises sur le fondement de l'article L. 711-1 du code de la sécurité sociale ;
b) Les cotisations versées aux régimes de retraite complémentaire mentionnés au chapitre Ier du titre II du livre IX du code de la sécurité sociale ;
c) Les cotisations au régime public de retraite additionnel obligatoire institué par l'article 76 de la loi n° 2003-775 du 21 août 2003 portant réforme des retraites ;
1° 0 bis Les cotisations versées conformément aux dispositions du règlement CEE n° 1408/71 du Conseil du 14 juin 1971 relatif à l'application des régimes de sécurité sociale aux travailleurs salariés et aux membres de leur famille qui se déplacent à l'intérieur de la Communauté ou conformément aux stipulations d'une convention ou d'un accord international relatif à l'application des régimes de sécurité sociale ;
1° bis (Abrogé)
1° ter (Abrogé à compter de l'entrée en vigueur de la loi n° 2002-73 du 17 janvier 2002).
1° quater Les cotisations ou primes versées aux régimes de prévoyance complémentaire obligatoires et collectifs, au sens du sixième alinéa de l'article L. 242-1 du code de la sécurité sociale, à condition, lorsque ces cotisations ou primes financent des garanties portant sur le remboursement ou l'indemnisation de frais occasionnés par une maladie, une maternité ou un accident, que ces garanties respectent les conditions mentionnées à l'article L. 871-1 du code de la sécurité sociale. Il en va de même des cotisations ou primes versées par les employeurs publics et leurs agents aux contrats collectifs de protection sociale complémentaire pour lesquels la souscription des agents est rendue obligatoire en application d'un accord prévu à l'article L. 827-2 du code général de la fonction publique ou en application de l'arrêté mentionné au II de l'article L. 4123-3 du code de la défense.
Les cotisations ou les primes mentionnées au premier alinéa s'entendent, s'agissant des cotisations à la charge de l'employeur, de celles correspondant à des garanties autres que celles portant sur le remboursement ou l'indemnisation de frais occasionnés par une maladie, une maternité ou un accident.
Les cotisations à la charge de l'employeur correspondant à des garanties portant sur le remboursement ou l'indemnisation de frais occasionnés par une maladie, une maternité ou un accident sont ajoutées à la rémunération prise en compte pour la détermination des bases d'imposition.
Les cotisations ou les primes déductibles en application des premier et deuxcième alinéas le sont dans la limite d'un montant égal à la somme de 5 % du montant annuel du plafond mentionné à l'article L. 241-3 du code de la sécurité sociale et de 2 % de la rémunération annuelle brute, sans que le total ainsi obtenu puisse excéder 2 % de huit fois le montant annuel du plafond précité. En cas d'excédent, celui-ci est ajouté à la rémunération.
2° Les cotisations ou primes versées aux régimes de retraite supplémentaire, y compris ceux gérés par une institution mentionnée à l'article L. 370-1 du code des assurances pour les contrats mentionnés à l'article L. 143-1 dudit code lorsqu'ils ont pour objet l'acquisition et la jouissance de droits viagers, auxquels le salarié est affilié à titre obligatoire, ainsi que les cotisations versées, à compter du 1er janvier 1993, à titre obligatoire au régime de prévoyance des joueurs professionnels de football institué par la charte du football professionnel.
Il en va de même des versements mentionnés au 3° de l'article L. 224-2 du code monétaire et financier dans un plan d'épargne retraite mentionné à l'article L. 224-13 ou à l'article L. 224-23 du même code.
Les versements mentionnés aux alinéas précédents sont déductibles dans la limite, y compris les versements de l'employeur, de 8 % de la rémunération annuelle brute retenue à concurrence de huit fois le montant annuel du plafond mentionné à l'article L. 241-3 du code de la sécurité sociale. En cas d'excédent, celui-ci est ajouté à la rémunération ;
La limite mentionnée au troisième alinéa est réduite, le cas échéant, des sommes versées aux plans d'épargne retraite qui sont exonérées en application du 18° de l'article 81 ;
2°-0 bis (Abrogé) ;
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LEGIARTI000038137266_2
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LEGIARTI000038137266
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Article
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CODE
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ABROGE_DIFF
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Code du travail
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Code du travail
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Partie réglementaire - Première partie : Les relations individuelles de travail - Livre Ier : Dispositions préliminaires - Titre IV : Egalité professionnelle entre les femmes et les hommes - Chapitre II bis : Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise - Chapitre II bis : Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise et à assurer une répartition équilibrée de chaque sexe parmi les cadres dirigeants et les membres des instances dirigeantes - Annexes
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Annexe II
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2019-01-01
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2029-03-01
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INDICATEUR
METHODE DE CALCUL
RESULTATS OBTENUS
NOMBRE DE POINTS
Ecart de taux d'augmentations individuelles entre les femmes et les hommes (2° de l'article D. 1142-2-1)
a) Les taux d'augmentations des femmes et des hommes sont calculés, en pourcentage, comme la proportion de salariés augmentés au cours de la période de référence. Sont prises en compte toutes les augmentations individuelles (1), qu'elles correspondent ou non à une promotion. b) L'écart absolu de taux d'augmentations est égal à la valeur absolue de la différence entre le taux d'augmentations des hommes et le taux d'augmentations des femmes. c) L'écart en nombre de salariés est obtenu en appliquant l'écart absolu de taux d'augmentations calculé au b), au nombre de femmes, ou au nombre d'hommes pris en compte dans le calcul, en choisissant le plus petit de ces deux nombres. d) L'écart en points de pourcentage et le nombre de salariés sont arrondis à la première décimale. e) Le barème est appliqué à l'écart en points de pourcentage et à l'écart en nombre de salariés, et le résultat correspondant au nombre de points le plus élevé est retenu.
Inférieur ou égal à 2 points de % Ou à 2 salariés
35 points
Supérieur à 2 et inférieur ou égal à 5 points de % Ou supérieur à 2 salariés et inférieur ou égal à 5 salariés
25 points
Supérieur à 5 et inférieur ou égal à 10 points de % Ou supérieur à 5 salariés et inférieur ou égal à 10 salariés
15 points
Supérieur à 10 points de % ou plus de 10 salariés
0 point
(1) La notion d'augmentation individuelle correspond à une augmentation individuelle du salaire de base du salarié concerné.
4.3. Indicateur relatif au pourcentage de salariées ayant bénéficié d'une augmentation dans l'année suivant leur retour de congé de maternité
INDICATEUR
RESULTATS OBTENUS
NOMBRE DE POINTS
Pourcentage de salariées revenues de congé maternité pendant l'année de référence et ayant bénéficié d'une augmentation à leur retour pendant cette même période, si des augmentations sont intervenues durant la durée de leur congé (4° de l'article D. 1142-2)
Egal à 100 %
15 points
Inférieur à 100 %
0 point
4.4. Indicateur relatif au nombre de salariés du sexe sous-représenté parmi les dix salariés ayant perçu les plus hautes rémunérations
INDICATEUR
METHODE DE CALCUL
RESULTATS OBTENUS
NOMBRE DE POINTS
Nombre de salariés du sexe sous-représenté parmi les dix salariés ayant perçu les plus hautes rémunérations (4° de l'article D. 1142-2-1)
L'indicateur est le plus petit des deux nombres suivants : le nombre de femmes et le nombre d'hommes parmi les salariés ayant perçu les 10 plus hautes rémunérations (nombres compris entre 0 et 10).
4 ou 5 salariés
10 points
2 ou 3 salariés
5 points
0 ou 1 salarié
0 point
5. Niveau de résultat Le niveau de résultat obtenu par l'entreprise au regard des indicateurs définis à l'article D. 1142-2-1 correspond à la somme des points obtenus pour chacun des indicateurs en application du barème prévu. 5.1. Détermination du niveau de résultat en cas d'indicateurs incalculables Des indicateurs peuvent ne pas être calculables dans les cas suivants :
-pour le calcul de l'indicateur défini au 1° de l'article D. 1142-2-1 : parce que l'effectif total retenu, en application des modalités de calcul définies au paragraphe 4.1, est inférieur à 40 % de l'effectif devant être pris en compte pour le calcul de l'ensemble des indicateurs, selon les dispositions prévues au paragraphe 2 ;-pour le calcul de l'indicateur défini au 2° de l'article D. 1142-2-1 : soit parce qu'aucune augmentation individuelle n'est intervenue au cours de la période de référence considérée, soit parce que l'entreprise ne comporte pas au moins cinq femmes et cinq hommes en application des dispositions prévues au paragraphe 2 ;-pour le calcul de l'indicateur défini au 3° de l'article D. 1142-2-1 : parce qu'aucun retour de congé maternité n'est intervenu au cours de la période de référence annuelle considérée ou qu'aucune augmentation n'est intervenue durant la durée de ces congés.
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Code du travail - Article Annexe II
Partie réglementaire - Les relations individuelles de travail - Dispositions préliminaires - Egalité professionnelle entre les femmes et les hommes - Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise - Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise et à assurer une répartition équilibrée de chaque sexe parmi les cadres dirigeants et les membres des instances dirigeantes - Annexes
INDICATEUR
METHODE DE CALCUL
RESULTATS OBTENUS
NOMBRE DE POINTS
Ecart de taux d'augmentations individuelles entre les femmes et les hommes (2° de l'article D. 1142-2-1)
a) Les taux d'augmentations des femmes et des hommes sont calculés, en pourcentage, comme la proportion de salariés augmentés au cours de la période de référence. Sont prises en compte toutes les augmentations individuelles (1), qu'elles correspondent ou non à une promotion. b) L'écart absolu de taux d'augmentations est égal à la valeur absolue de la différence entre le taux d'augmentations des hommes et le taux d'augmentations des femmes. c) L'écart en nombre de salariés est obtenu en appliquant l'écart absolu de taux d'augmentations calculé au b), au nombre de femmes, ou au nombre d'hommes pris en compte dans le calcul, en choisissant le plus petit de ces deux nombres. d) L'écart en points de pourcentage et le nombre de salariés sont arrondis à la première décimale. e) Le barème est appliqué à l'écart en points de pourcentage et à l'écart en nombre de salariés, et le résultat correspondant au nombre de points le plus élevé est retenu.
Inférieur ou égal à 2 points de % Ou à 2 salariés
35 points
Supérieur à 2 et inférieur ou égal à 5 points de % Ou supérieur à 2 salariés et inférieur ou égal à 5 salariés
25 points
Supérieur à 5 et inférieur ou égal à 10 points de % Ou supérieur à 5 salariés et inférieur ou égal à 10 salariés
15 points
Supérieur à 10 points de % ou plus de 10 salariés
0 point
(1) La notion d'augmentation individuelle correspond à une augmentation individuelle du salaire de base du salarié concerné.
4.3. Indicateur relatif au pourcentage de salariées ayant bénéficié d'une augmentation dans l'année suivant leur retour de congé de maternité
INDICATEUR
RESULTATS OBTENUS
NOMBRE DE POINTS
Pourcentage de salariées revenues de congé maternité pendant l'année de référence et ayant bénéficié d'une augmentation à leur retour pendant cette même période, si des augmentations sont intervenues durant la durée de leur congé (4° de l'article D. 1142-2)
Egal à 100 %
15 points
Inférieur à 100 %
0 point
4.4. Indicateur relatif au nombre de salariés du sexe sous-représenté parmi les dix salariés ayant perçu les plus hautes rémunérations
INDICATEUR
METHODE DE CALCUL
RESULTATS OBTENUS
NOMBRE DE POINTS
Nombre de salariés du sexe sous-représenté parmi les dix salariés ayant perçu les plus hautes rémunérations (4° de l'article D. 1142-2-1)
L'indicateur est le plus petit des deux nombres suivants : le nombre de femmes et le nombre d'hommes parmi les salariés ayant perçu les 10 plus hautes rémunérations (nombres compris entre 0 et 10).
4 ou 5 salariés
10 points
2 ou 3 salariés
5 points
0 ou 1 salarié
0 point
5. Niveau de résultat Le niveau de résultat obtenu par l'entreprise au regard des indicateurs définis à l'article D. 1142-2-1 correspond à la somme des points obtenus pour chacun des indicateurs en application du barème prévu. 5.1. Détermination du niveau de résultat en cas d'indicateurs incalculables Des indicateurs peuvent ne pas être calculables dans les cas suivants :
-pour le calcul de l'indicateur défini au 1° de l'article D. 1142-2-1 : parce que l'effectif total retenu, en application des modalités de calcul définies au paragraphe 4.1, est inférieur à 40 % de l'effectif devant être pris en compte pour le calcul de l'ensemble des indicateurs, selon les dispositions prévues au paragraphe 2 ;-pour le calcul de l'indicateur défini au 2° de l'article D. 1142-2-1 : soit parce qu'aucune augmentation individuelle n'est intervenue au cours de la période de référence considérée, soit parce que l'entreprise ne comporte pas au moins cinq femmes et cinq hommes en application des dispositions prévues au paragraphe 2 ;-pour le calcul de l'indicateur défini au 3° de l'article D. 1142-2-1 : parce qu'aucun retour de congé maternité n'est intervenu au cours de la période de référence annuelle considérée ou qu'aucune augmentation n'est intervenue durant la durée de ces congés.
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LEGIARTI000022875708_0
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LEGIARTI000022875708
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Article
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CODE
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VIGUEUR
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Code de la santé publique
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Code de la santé publique
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Partie réglementaire - Sixième partie : Etablissements et services de santé - Livre Ier : Etablissements de santé - Titre V : Personnels médicaux et pharmaceutiques - Chapitre II : Praticiens hospitaliers - Section 1 : Statut des praticiens hospitaliers à temps plein - Section 1 : Statut des praticiens hospitaliers - Sous-section 6 : Exercice de fonctions - Positions - Paragraphe 1 : Activité et congés - 3. Congés.
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R6152-42
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2010-10-01
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2999-01-01
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Lorsqu'à l'issue d'un an de congés accordés en application des articles R. 6152-37 à R. 6152-41, le praticien ne peut reprendre ses fonctions, son poste est déclaré vacant.
Le praticien qui à l'issue d'un congé accordé en application des articles R. 6152-37 à R. 6152-41 est déclaré apte à reprendre ses fonctions réintègre le poste qu'il occupait au moment de son placement en congé ou, si celui-ci est pourvu, un autre poste dans l'établissement ou dans un autre établissement du territoire de santé. A défaut, il est réintégré en surnombre.
Le praticien qui, à l'expiration de ses droits à congés au titre des articles R. 6152-37 à R. 6152-41, est reconnu définitivement inapte, après avis du comité médical, est placé en disponibilité. Il perd le bénéfice du présent statut à la date d'effet de sa pension d'invalidité.
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Code de la santé publique - Article R6152-42
Partie réglementaire - Etablissements et services de santé - Etablissements de santé - Personnels médicaux et pharmaceutiques - Praticiens hospitaliers - Statut des praticiens hospitaliers à temps plein - Statut des praticiens hospitaliers - Exercice de fonctions - Positions - Activité et congés - 3. Congés.
Lorsqu'à l'issue d'un an de congés accordés en application des articles R. 6152-37 à R. 6152-41, le praticien ne peut reprendre ses fonctions, son poste est déclaré vacant.
Le praticien qui à l'issue d'un congé accordé en application des articles R. 6152-37 à R. 6152-41 est déclaré apte à reprendre ses fonctions réintègre le poste qu'il occupait au moment de son placement en congé ou, si celui-ci est pourvu, un autre poste dans l'établissement ou dans un autre établissement du territoire de santé. A défaut, il est réintégré en surnombre.
Le praticien qui, à l'expiration de ses droits à congés au titre des articles R. 6152-37 à R. 6152-41, est reconnu définitivement inapte, après avis du comité médical, est placé en disponibilité. Il perd le bénéfice du présent statut à la date d'effet de sa pension d'invalidité.
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LEGIARTI000051555508_0
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LEGIARTI000051555508
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VI : Les institutions en matière bancaire et financière - Titre II : L'Autorité des marchés financiers - Chapitre unique : L'Autorité des marchés financiers - Section 4 : Pouvoirs - Sous-section 4 : Injonctions et mesures d'urgence - Sous-section 4 : Injonctions, mesures d'urgence et autres mesures
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L621-14
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2025-05-03
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2999-01-01
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I. – Dans les cas de manquements mentionnés au II de l'article L. 621-15, le collège de l'Autorité des marchés financiers peut rendre publique une déclaration qui précise l'identité de la personne physique ou morale en cause, de même que la nature du manquement.
II. – Le collège peut, après avoir mis la personne concernée en mesure de présenter ses explications, ordonner qu'il soit mis fin, en France et à l'étranger, aux manquements aux obligations résultant des règlements européens, des dispositions législatives ou réglementaires ou des règles professionnelles visant à protéger les investisseurs contre les opérations d'initiés, les manipulations de marché et la divulgation illicite d'informations privilégiées mentionnées aux c, d, e et f du II de l'article L. 621-15, ou à tout autre manquement de nature à porter atteinte à la protection des investisseurs, au bon fonctionnement des marchés ou à tout autre manquement aux obligations relatives à la lutte contre le blanchiment des capitaux et le financement du terrorisme prévues aux chapitres I et II du titre VI du livre V du présent code. Ces décisions sont rendues publiques dans les conditions et selon les modalités prévues au V du même article L. 621-15.
Le collège dispose des mêmes pouvoirs que ceux mentionnés au premier alinéa du présent II à l'encontre des manquements aux obligations résultant des règlements européens, des dispositions législatives ou réglementaires visant à protéger les investisseurs et le marché contre les opérations d'initié, les manipulations de marché et la divulgation illicite d'informations privilégiées mentionnées aux c et d du II de l'article L. 621-15, commis sur le territoire français et concernant des instruments financiers, des unités mentionnées à l'article L. 229-7 du code de l'environnement ou des actifs mentionnés au II de l'article L. 421-1 du présent code admis aux négociations sur un marché réglementé d'un autre Etat membre de l'Union européenne ou partie à l'accord sur l'Espace économique européen ou pour lesquels une demande d'admission aux négociations sur un tel marché a été présentée.
III. – Le président de l'Autorité des marchés financiers peut demander en justice qu'il soit ordonné à la personne qui est responsable de la pratique relevée de se conformer aux règlements européens, aux dispositions législatives ou réglementaires, de mettre fin à l'irrégularité ou d'en supprimer les effets.
La demande est portée devant le président du tribunal judiciaire de Paris qui statue en référé. Il peut prendre, même d'office, toute mesure conservatoire et prononcer pour l'exécution de son ordonnance une astreinte versée au Trésor public.
En cas de poursuites pénales, l'astreinte, si elle a été prononcée, n'est liquidée qu'après que la décision sur l'action publique est devenue définitive.
IV. - Lorsqu'un émetteur a fait l'objet d'une sanction pour avoir enfreint de manière grave et répétée le chapitre II du titre II ou les articles 18 ou 19 du règlement (UE) 2023/2631 du Parlement européen et du Conseil du 22 novembre 2023 sur les obligations vertes européennes et la publication facultative d'informations pour les obligations commercialisées en tant qu'obligations durables sur le plan environnemental et pour les obligations liées à la durabilité, le collège peut, dès l'ouverture d'une nouvelle procédure de sanction, lui interdire d'émettre des obligations vertes européennes pour une période n'excédant pas un an.
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Code monétaire et financier - Article L621-14
Partie législative - Les institutions en matière bancaire et financière - L'Autorité des marchés financiers - L'Autorité des marchés financiers - Pouvoirs - Injonctions et mesures d'urgence - Injonctions, mesures d'urgence et autres mesures
I. – Dans les cas de manquements mentionnés au II de l'article L. 621-15, le collège de l'Autorité des marchés financiers peut rendre publique une déclaration qui précise l'identité de la personne physique ou morale en cause, de même que la nature du manquement.
II. – Le collège peut, après avoir mis la personne concernée en mesure de présenter ses explications, ordonner qu'il soit mis fin, en France et à l'étranger, aux manquements aux obligations résultant des règlements européens, des dispositions législatives ou réglementaires ou des règles professionnelles visant à protéger les investisseurs contre les opérations d'initiés, les manipulations de marché et la divulgation illicite d'informations privilégiées mentionnées aux c, d, e et f du II de l'article L. 621-15, ou à tout autre manquement de nature à porter atteinte à la protection des investisseurs, au bon fonctionnement des marchés ou à tout autre manquement aux obligations relatives à la lutte contre le blanchiment des capitaux et le financement du terrorisme prévues aux chapitres I et II du titre VI du livre V du présent code. Ces décisions sont rendues publiques dans les conditions et selon les modalités prévues au V du même article L. 621-15.
Le collège dispose des mêmes pouvoirs que ceux mentionnés au premier alinéa du présent II à l'encontre des manquements aux obligations résultant des règlements européens, des dispositions législatives ou réglementaires visant à protéger les investisseurs et le marché contre les opérations d'initié, les manipulations de marché et la divulgation illicite d'informations privilégiées mentionnées aux c et d du II de l'article L. 621-15, commis sur le territoire français et concernant des instruments financiers, des unités mentionnées à l'article L. 229-7 du code de l'environnement ou des actifs mentionnés au II de l'article L. 421-1 du présent code admis aux négociations sur un marché réglementé d'un autre Etat membre de l'Union européenne ou partie à l'accord sur l'Espace économique européen ou pour lesquels une demande d'admission aux négociations sur un tel marché a été présentée.
III. – Le président de l'Autorité des marchés financiers peut demander en justice qu'il soit ordonné à la personne qui est responsable de la pratique relevée de se conformer aux règlements européens, aux dispositions législatives ou réglementaires, de mettre fin à l'irrégularité ou d'en supprimer les effets.
La demande est portée devant le président du tribunal judiciaire de Paris qui statue en référé. Il peut prendre, même d'office, toute mesure conservatoire et prononcer pour l'exécution de son ordonnance une astreinte versée au Trésor public.
En cas de poursuites pénales, l'astreinte, si elle a été prononcée, n'est liquidée qu'après que la décision sur l'action publique est devenue définitive.
IV. - Lorsqu'un émetteur a fait l'objet d'une sanction pour avoir enfreint de manière grave et répétée le chapitre II du titre II ou les articles 18 ou 19 du règlement (UE) 2023/2631 du Parlement européen et du Conseil du 22 novembre 2023 sur les obligations vertes européennes et la publication facultative d'informations pour les obligations commercialisées en tant qu'obligations durables sur le plan environnemental et pour les obligations liées à la durabilité, le collège peut, dès l'ouverture d'une nouvelle procédure de sanction, lui interdire d'émettre des obligations vertes européennes pour une période n'excédant pas un an.
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LEGIARTI000038137266_3
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LEGIARTI000038137266
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Article
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CODE
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ABROGE_DIFF
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Code du travail
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Code du travail
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Partie réglementaire - Première partie : Les relations individuelles de travail - Livre Ier : Dispositions préliminaires - Titre IV : Egalité professionnelle entre les femmes et les hommes - Chapitre II bis : Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise - Chapitre II bis : Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise et à assurer une répartition équilibrée de chaque sexe parmi les cadres dirigeants et les membres des instances dirigeantes - Annexes
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Annexe II
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2019-01-01
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2029-03-01
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Pour les cas énumérés ci-dessus, lorsqu'un ou plusieurs indicateurs ne sont pas calculables, les autres indicateurs sont calculés. Le nombre total de points ainsi obtenus est ramené sur cent en appliquant la règle de la proportionnalité. Dès lors que le nombre maximum de points pouvant être obtenus, au total, par l'entreprise, avant application de la règle de la proportionnalité, est inférieur à soixante-quinze points, le niveau de résultat mentionné au premier alinéa du paragraphe 5 ne peut être déterminé pour la période de référence considérée. Le fait de ne pas pouvoir déterminer le niveau de résultat n'exonère pas l'entreprise de son obligation de mettre les indicateurs qui peuvent être calculés à disposition du comité social et économique ainsi que des services du ministre chargé du travail selon les modalités fixées à l'article D. 1142-5.5.2. Prise en compte des mesures de correction Afin de ne pas pénaliser les entreprises prenant des mesures adéquates et pertinentes et, le cas échéant, programmant des mesures financières de rattrapage salarial, en application de l'article L. 1142-9 : lorsque l'indicateur défini au 1° de l'article D. 1142-2-1 est calculable et que l'entreprise n'obtient pas la note maximale pour cet indicateur, elle obtient le maximum de points à l'indicateur défini au 2° du même article si les écarts constatés à cet indicateur favorisent la population ayant la rémunération la plus faible au regard des résultats obtenus à l'indicateur 1.
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Code du travail - Article Annexe II
Partie réglementaire - Les relations individuelles de travail - Dispositions préliminaires - Egalité professionnelle entre les femmes et les hommes - Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise - Mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes dans l'entreprise et à assurer une répartition équilibrée de chaque sexe parmi les cadres dirigeants et les membres des instances dirigeantes - Annexes
Pour les cas énumérés ci-dessus, lorsqu'un ou plusieurs indicateurs ne sont pas calculables, les autres indicateurs sont calculés. Le nombre total de points ainsi obtenus est ramené sur cent en appliquant la règle de la proportionnalité. Dès lors que le nombre maximum de points pouvant être obtenus, au total, par l'entreprise, avant application de la règle de la proportionnalité, est inférieur à soixante-quinze points, le niveau de résultat mentionné au premier alinéa du paragraphe 5 ne peut être déterminé pour la période de référence considérée. Le fait de ne pas pouvoir déterminer le niveau de résultat n'exonère pas l'entreprise de son obligation de mettre les indicateurs qui peuvent être calculés à disposition du comité social et économique ainsi que des services du ministre chargé du travail selon les modalités fixées à l'article D. 1142-5.5.2. Prise en compte des mesures de correction Afin de ne pas pénaliser les entreprises prenant des mesures adéquates et pertinentes et, le cas échéant, programmant des mesures financières de rattrapage salarial, en application de l'article L. 1142-9 : lorsque l'indicateur défini au 1° de l'article D. 1142-2-1 est calculable et que l'entreprise n'obtient pas la note maximale pour cet indicateur, elle obtient le maximum de points à l'indicateur défini au 2° du même article si les écarts constatés à cet indicateur favorisent la population ayant la rémunération la plus faible au regard des résultats obtenus à l'indicateur 1.
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LEGIARTI000024500711_0
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LEGIARTI000024500711
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie législative - Huitième partie : Contrôle de l'application de la législation du travail - Livre II : Lutte contre le travail illégal - Titre VII : Contrôle du travail illégal - Chapitre Ier : Compétence des agents - Section 1 : Dispositions communes.
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L8271-4
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2011-09-30
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2999-01-01
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Les agents de contrôle mentionnés à l'article L. 8271-1-2 transmettent, sur demande écrite, aux agents du Centre national du cinéma et de l'image animée, des directions régionales des affaires culturelles, de l'institution mentionnée à l'article L. 5312-1, de l'organisme gestionnaire du régime d'assurance chômage et des collectivités territoriales tous renseignements et tous documents nécessaires à l'appréciation des droits ou à l'exécution d'obligations qui entrent dans le champ de leurs compétences respectives.
Ils disposent, dans l'exercice de leur mission de lutte contre le travail illégal, d'un droit de communication sur tous renseignements et documents nécessaires auprès de ces services.
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Code du travail - Article L8271-4
Partie législative - Contrôle de l'application de la législation du travail - Lutte contre le travail illégal - Contrôle du travail illégal - Compétence des agents - Dispositions communes.
Les agents de contrôle mentionnés à l'article L. 8271-1-2 transmettent, sur demande écrite, aux agents du Centre national du cinéma et de l'image animée, des directions régionales des affaires culturelles, de l'institution mentionnée à l'article L. 5312-1, de l'organisme gestionnaire du régime d'assurance chômage et des collectivités territoriales tous renseignements et tous documents nécessaires à l'appréciation des droits ou à l'exécution d'obligations qui entrent dans le champ de leurs compétences respectives.
Ils disposent, dans l'exercice de leur mission de lutte contre le travail illégal, d'un droit de communication sur tous renseignements et documents nécessaires auprès de ces services.
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LEGIARTI000006900956_0
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LEGIARTI000006900956
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie législative - Première partie : Les relations individuelles de travail - Livre II : Le contrat de travail - Titre II : Formation et exécution du contrat de travail - Chapitre V : Maternité, paternité, adoption et éducation des enfants - Section 4 : Congés d'éducation des enfants - Sous-section 3 : Démission pour élever un enfant.
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L1225-68
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2008-05-01
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2999-01-01
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Le salarié réembauché dans l'entreprise en application de l'article L. 1225-67 bénéficie d'un droit à une action de formation professionnelle, notamment en cas de changement de techniques ou de méthodes de travail.
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Code du travail - Article L1225-68
Le salarié réembauché dans l'entreprise en application de l'article L. 1225-67 bénéficie d'un droit à une action de formation professionnelle, notamment en cas de changement de techniques ou de méthodes de travail.
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LEGIARTI000051555513_0
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LEGIARTI000051555513
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VI : Les institutions en matière bancaire et financière - Titre II : L'Autorité des marchés financiers - Chapitre unique : L'Autorité des marchés financiers - Section 4 : Pouvoirs - Sous-section 5 : Sanctions
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L621-15
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2025-05-03
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2999-01-01
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I. – Le collège examine le rapport d'enquête ou de contrôle établi par les services de l'Autorité des marchés financiers, ou la demande formulée par le président de l'Autorité de contrôle prudentiel et de résolution.
Sous réserve de l'article L. 465-3-6, s'il décide l'ouverture d'une procédure de sanction, il notifie les griefs aux personnes concernées. Il transmet la notification des griefs à la commission des sanctions, qui désigne un rapporteur parmi ses membres. La commission des sanctions ne peut être saisie de faits remontant à plus de six ans s'il n'a été fait pendant ce délai aucun acte tendant à leur recherche, à leur constatation ou à leur sanction. Le point de départ de ce délai de prescription est fixé au jour où le manquement a été commis ou, si le manquement est occulte ou dissimulé, au jour où le manquement est apparu et a pu être constaté dans des conditions permettant l'exercice par l'Autorité des marchés financiers de ses missions d'enquête ou de contrôle. Dans ce dernier cas, le délai de prescription ne peut excéder douze années révolues.
Un membre du collège est convoqué à l'audience. Il y assiste sans voix délibérative. Il peut être assisté ou représenté par les services de l'Autorité des marchés financiers. Il peut présenter des observations au soutien des griefs notifiés et proposer une sanction.
La commission des sanctions peut entendre tout agent des services de l'autorité.
En cas d'urgence, le collège peut suspendre d'activité les personnes mentionnées aux a et b du II contre lesquelles des procédures de sanction sont engagées.
Si le collège transmet au procureur de la République le rapport mentionné au premier alinéa, le collège peut décider de rendre publique la transmission.
II. – La commission des sanctions peut, après une procédure contradictoire, prononcer une sanction à l'encontre des personnes suivantes :
a) Les personnes mentionnées aux 1° à 8° et 10° bis à 22° du II de l'article L. 621-9, au titre de tout manquement à leurs obligations professionnelles définies par les règlements européens, les lois, règlements et règles professionnelles approuvées par l'Autorité des marchés financiers en vigueur, sous réserve des dispositions des articles L. 612-39, L. 612-39-1 et L. 612-40 ;
b) Les personnes physiques placées sous l'autorité ou agissant pour le compte de l'une des personnes mentionnées aux 1° à 8° et 10° bis à 22° du II de l'article L. 621-9 au titre de tout manquement à leurs obligations professionnelles définies par les règlements européens, les lois, règlements et règles professionnelles approuvées par l'Autorité des marchés financiers en vigueur, sous réserve des dispositions des articles L. 612-39, L. 612-39-1 et L. 612-40 ;
c) Toute personne qui, sur le territoire français ou à l'étranger :
1° S'est livrée ou a tenté de se livrer à une opération d'initié ou à une manipulation de marché, au sens des articles 8 ou 12 du règlement (UE) n° 596/2014 du Parlement européen et du Conseil du 16 avril 2014 sur les abus de marché (règlement relatif aux abus de marché) et abrogeant la directive 2003/6/ CE du Parlement européen et du Conseil et les directives 2003/124/ CE, 2003/125/ CE et 2004/72/ CE de la Commission ;
2° A recommandé à une autre personne d'effectuer une opération d'initié, au sens de l'article 8 du même règlement, ou a incité une autre personne à effectuer une telle opération ;
3° S'est livrée à une divulgation illicite d'informations privilégiées, au sens de l'article 10 dudit règlement ;
4° Ou s'est livrée à tout autre manquement mentionné au premier alinéa du II de l'article L. 621-14,
dès lors que ces actes concernent :
– un instrument financier ou une unité mentionnés à l'article L. 229-7 du code de l'environnement, négociés sur une plate-forme de négociation située sur le territoire français ou pour lesquels une demande d'admission à la négociation sur une telle plate-forme de négociation a été présentée ;
– un instrument financier ou une unité mentionnée au même article L. 229-7 autres que ceux mentionnés au septième alinéa du présent c dont le cours ou la valeur dépend du cours ou de la valeur d'un instrument financier ou d'une unité mentionné au même septième alinéa ou dont le cours ou la valeur a un effet sur le cours ou la valeur d'un instrument financier ou une unité mentionné audit septième alinéa ;
– un contrat au comptant sur matières premières au sens du 1° du II de l'article L. 465-3-4 du présent code lorsque l'opération, le comportement ou la diffusion est de nature ou est destiné à avoir un effet sur le cours d'un instrument financier ou d'une unité mentionné aux septième ou huitième alinéas du présent c ;
– un indice mentionné à l'article L. 465-3-3 ;
d) Toute personne qui, sur le territoire français ou à l'étranger :
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Code monétaire et financier - Article L621-15
Partie législative - Les institutions en matière bancaire et financière - L'Autorité des marchés financiers - L'Autorité des marchés financiers - Pouvoirs - Sanctions
I. – Le collège examine le rapport d'enquête ou de contrôle établi par les services de l'Autorité des marchés financiers, ou la demande formulée par le président de l'Autorité de contrôle prudentiel et de résolution.
Sous réserve de l'article L. 465-3-6, s'il décide l'ouverture d'une procédure de sanction, il notifie les griefs aux personnes concernées. Il transmet la notification des griefs à la commission des sanctions, qui désigne un rapporteur parmi ses membres. La commission des sanctions ne peut être saisie de faits remontant à plus de six ans s'il n'a été fait pendant ce délai aucun acte tendant à leur recherche, à leur constatation ou à leur sanction. Le point de départ de ce délai de prescription est fixé au jour où le manquement a été commis ou, si le manquement est occulte ou dissimulé, au jour où le manquement est apparu et a pu être constaté dans des conditions permettant l'exercice par l'Autorité des marchés financiers de ses missions d'enquête ou de contrôle. Dans ce dernier cas, le délai de prescription ne peut excéder douze années révolues.
Un membre du collège est convoqué à l'audience. Il y assiste sans voix délibérative. Il peut être assisté ou représenté par les services de l'Autorité des marchés financiers. Il peut présenter des observations au soutien des griefs notifiés et proposer une sanction.
La commission des sanctions peut entendre tout agent des services de l'autorité.
En cas d'urgence, le collège peut suspendre d'activité les personnes mentionnées aux a et b du II contre lesquelles des procédures de sanction sont engagées.
Si le collège transmet au procureur de la République le rapport mentionné au premier alinéa, le collège peut décider de rendre publique la transmission.
II. – La commission des sanctions peut, après une procédure contradictoire, prononcer une sanction à l'encontre des personnes suivantes :
a) Les personnes mentionnées aux 1° à 8° et 10° bis à 22° du II de l'article L. 621-9, au titre de tout manquement à leurs obligations professionnelles définies par les règlements européens, les lois, règlements et règles professionnelles approuvées par l'Autorité des marchés financiers en vigueur, sous réserve des dispositions des articles L. 612-39, L. 612-39-1 et L. 612-40 ;
b) Les personnes physiques placées sous l'autorité ou agissant pour le compte de l'une des personnes mentionnées aux 1° à 8° et 10° bis à 22° du II de l'article L. 621-9 au titre de tout manquement à leurs obligations professionnelles définies par les règlements européens, les lois, règlements et règles professionnelles approuvées par l'Autorité des marchés financiers en vigueur, sous réserve des dispositions des articles L. 612-39, L. 612-39-1 et L. 612-40 ;
c) Toute personne qui, sur le territoire français ou à l'étranger :
1° S'est livrée ou a tenté de se livrer à une opération d'initié ou à une manipulation de marché, au sens des articles 8 ou 12 du règlement (UE) n° 596/2014 du Parlement européen et du Conseil du 16 avril 2014 sur les abus de marché (règlement relatif aux abus de marché) et abrogeant la directive 2003/6/ CE du Parlement européen et du Conseil et les directives 2003/124/ CE, 2003/125/ CE et 2004/72/ CE de la Commission ;
2° A recommandé à une autre personne d'effectuer une opération d'initié, au sens de l'article 8 du même règlement, ou a incité une autre personne à effectuer une telle opération ;
3° S'est livrée à une divulgation illicite d'informations privilégiées, au sens de l'article 10 dudit règlement ;
4° Ou s'est livrée à tout autre manquement mentionné au premier alinéa du II de l'article L. 621-14,
dès lors que ces actes concernent :
– un instrument financier ou une unité mentionnés à l'article L. 229-7 du code de l'environnement, négociés sur une plate-forme de négociation située sur le territoire français ou pour lesquels une demande d'admission à la négociation sur une telle plate-forme de négociation a été présentée ;
– un instrument financier ou une unité mentionnée au même article L. 229-7 autres que ceux mentionnés au septième alinéa du présent c dont le cours ou la valeur dépend du cours ou de la valeur d'un instrument financier ou d'une unité mentionné au même septième alinéa ou dont le cours ou la valeur a un effet sur le cours ou la valeur d'un instrument financier ou une unité mentionné audit septième alinéa ;
– un contrat au comptant sur matières premières au sens du 1° du II de l'article L. 465-3-4 du présent code lorsque l'opération, le comportement ou la diffusion est de nature ou est destiné à avoir un effet sur le cours d'un instrument financier ou d'une unité mentionné aux septième ou huitième alinéas du présent c ;
– un indice mentionné à l'article L. 465-3-3 ;
d) Toute personne qui, sur le territoire français ou à l'étranger :
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LEGIARTI000051555513_1
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LEGIARTI000051555513
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VI : Les institutions en matière bancaire et financière - Titre II : L'Autorité des marchés financiers - Chapitre unique : L'Autorité des marchés financiers - Section 4 : Pouvoirs - Sous-section 5 : Sanctions
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L621-15
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2025-05-03
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2999-01-01
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– un indice mentionné à l'article L. 465-3-3 ;
d) Toute personne qui, sur le territoire français ou à l'étranger :
1° S'est livrée ou a tenté de se livrer à une opération d'initié ou à une manipulation de marché, au sens des articles 89 ou 91 du règlement (UE) n° 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs ;
2° A recommandé à une autre personne d'effectuer une opération d'initié, au sens de l'article 89 du même règlement, ou a incité une autre personne à effectuer une telle opération ;
3° S'est livrée à une divulgation illicite d'informations privilégiées, au sens de l'article 90 dudit règlement ;
4° Ou s'est livrée à tout autre manquement mentionné au premier alinéa du II de l'article L. 621-14, dès lors que ces actes concernent des crypto-actifs au sens du règlement (UE) 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs négociés sur une plate-forme de négociation située sur le territoire français ou pour lesquels une demande d'admission à la négociation sur une telle plate-forme de négociation a été présentée.
e) Toute personne qui, sur le territoire français :
1° S'est livrée ou a tenté de se livrer à une opération d'initié ou à une manipulation de marché, au sens des articles 8 ou 12 du règlement (UE) n° 596/2014 du Parlement européen et du Conseil du 16 avril 2014 précité ;
2° A recommandé à une autre personne d'effectuer une opération d'initié, au sens de l'article 8 du même règlement, ou a incité une autre personne à effectuer une telle opération ;
3° S'est livrée à une divulgation illicite d'informations privilégiées, au sens de l'article 10 dudit règlement ;
4° Ou s'est livrée à tout autre manquement mentionné au premier alinéa du II de l'article L. 621-14,
dès lors que ces actes concernent :
– un instrument financier ou une unité mentionnée à l'article L. 229-7 du code de l'environnement, négociés sur une plate-forme de négociation d'un autre Etat membre de l'Union européenne ou partie à l'Espace économique européen ou pour lesquels une demande d'admission à la négociation sur une telle plate-forme de négociation a été présentée ;
– un instrument financier ou une unité mentionnée au même article L. 229-7 autres que ceux mentionnés au septième alinéa du présent d dont le cours ou la valeur dépend du cours ou de la valeur d'un instrument financier ou d'une unité mentionné au même septième alinéa ou dont le cours ou la valeur a un effet sur le cours ou la valeur d'un instrument financier ou une unité mentionnés audit septième alinéa ;
– un contrat au comptant sur matières premières au sens du 1° du II de l'article L. 465-3-4 du présent code lorsque l'opération, le comportement ou la diffusion est de nature ou est destiné à avoir un effet sur le cours d'un instrument financier ou d'une unité mentionnés aux septième ou huitième alinéas du présent d ;
– un instrument financier ou une unité mentionnée à l'article L. 229-7 du code de l'environnement dont le cours ou la valeur a un effet sur le cours ou la valeur d'un contrat au comptant sur matières premières mentionné au 2° du II de l'article L. 465-3-4 du présent code, lorsque l'opération, le comportement ou la diffusion a ou est susceptible d'avoir un effet sur le cours ou la valeur d'un contrat au comptant sur matières premières ;
– un indice mentionné à l'article L. 465-3-3 ;
f) Toute personne qui, sur le territoire français :
1° S'est livrée ou a tenté de se livrer à une opération d'initié ou à une manipulation de marché, au sens des articles 89 ou 91 du règlement (UE) n° 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs ;
2° A recommandé à une autre personne d'effectuer une opération d'initié, au sens de l'article 89 du même règlement, ou a incité une autre personne à effectuer une telle opération ;
3° S'est livrée à une divulgation illicite d'informations privilégiées, au sens de l'article 90 dudit règlement ;
4° Ou s'est livrée à tout autre manquement mentionné au premier alinéa du II de l'article L. 621-14, dès lors que ces actes concernent des crypto-actifs entrant dans le champ d'application du règlement (UE) 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs négociés sur une plate-forme de négociation d'un autre Etat membre de l'Union européenne ou partie à l'Espace économique européen ou pour lesquels une demande d'admission à la négociation sur une telle plate-forme de négociation a été présentée ;
g) Toute personne qui, sur le territoire français ou à l'étranger, s'est livrée ou a tenté de se livrer à la diffusion d'une fausse information ou s'est livrée à tout autre manquement mentionné au premier alinéa du II de l'article L. 621-14, lors :
– d'une offre au public de titres financiers définie à l'article L. 411-1 ;
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Code monétaire et financier - Article L621-15
Partie législative - Les institutions en matière bancaire et financière - L'Autorité des marchés financiers - L'Autorité des marchés financiers - Pouvoirs - Sanctions
– un indice mentionné à l'article L. 465-3-3 ;
d) Toute personne qui, sur le territoire français ou à l'étranger :
1° S'est livrée ou a tenté de se livrer à une opération d'initié ou à une manipulation de marché, au sens des articles 89 ou 91 du règlement (UE) n° 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs ;
2° A recommandé à une autre personne d'effectuer une opération d'initié, au sens de l'article 89 du même règlement, ou a incité une autre personne à effectuer une telle opération ;
3° S'est livrée à une divulgation illicite d'informations privilégiées, au sens de l'article 90 dudit règlement ;
4° Ou s'est livrée à tout autre manquement mentionné au premier alinéa du II de l'article L. 621-14, dès lors que ces actes concernent des crypto-actifs au sens du règlement (UE) 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs négociés sur une plate-forme de négociation située sur le territoire français ou pour lesquels une demande d'admission à la négociation sur une telle plate-forme de négociation a été présentée.
e) Toute personne qui, sur le territoire français :
1° S'est livrée ou a tenté de se livrer à une opération d'initié ou à une manipulation de marché, au sens des articles 8 ou 12 du règlement (UE) n° 596/2014 du Parlement européen et du Conseil du 16 avril 2014 précité ;
2° A recommandé à une autre personne d'effectuer une opération d'initié, au sens de l'article 8 du même règlement, ou a incité une autre personne à effectuer une telle opération ;
3° S'est livrée à une divulgation illicite d'informations privilégiées, au sens de l'article 10 dudit règlement ;
4° Ou s'est livrée à tout autre manquement mentionné au premier alinéa du II de l'article L. 621-14,
dès lors que ces actes concernent :
– un instrument financier ou une unité mentionnée à l'article L. 229-7 du code de l'environnement, négociés sur une plate-forme de négociation d'un autre Etat membre de l'Union européenne ou partie à l'Espace économique européen ou pour lesquels une demande d'admission à la négociation sur une telle plate-forme de négociation a été présentée ;
– un instrument financier ou une unité mentionnée au même article L. 229-7 autres que ceux mentionnés au septième alinéa du présent d dont le cours ou la valeur dépend du cours ou de la valeur d'un instrument financier ou d'une unité mentionné au même septième alinéa ou dont le cours ou la valeur a un effet sur le cours ou la valeur d'un instrument financier ou une unité mentionnés audit septième alinéa ;
– un contrat au comptant sur matières premières au sens du 1° du II de l'article L. 465-3-4 du présent code lorsque l'opération, le comportement ou la diffusion est de nature ou est destiné à avoir un effet sur le cours d'un instrument financier ou d'une unité mentionnés aux septième ou huitième alinéas du présent d ;
– un instrument financier ou une unité mentionnée à l'article L. 229-7 du code de l'environnement dont le cours ou la valeur a un effet sur le cours ou la valeur d'un contrat au comptant sur matières premières mentionné au 2° du II de l'article L. 465-3-4 du présent code, lorsque l'opération, le comportement ou la diffusion a ou est susceptible d'avoir un effet sur le cours ou la valeur d'un contrat au comptant sur matières premières ;
– un indice mentionné à l'article L. 465-3-3 ;
f) Toute personne qui, sur le territoire français :
1° S'est livrée ou a tenté de se livrer à une opération d'initié ou à une manipulation de marché, au sens des articles 89 ou 91 du règlement (UE) n° 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs ;
2° A recommandé à une autre personne d'effectuer une opération d'initié, au sens de l'article 89 du même règlement, ou a incité une autre personne à effectuer une telle opération ;
3° S'est livrée à une divulgation illicite d'informations privilégiées, au sens de l'article 90 dudit règlement ;
4° Ou s'est livrée à tout autre manquement mentionné au premier alinéa du II de l'article L. 621-14, dès lors que ces actes concernent des crypto-actifs entrant dans le champ d'application du règlement (UE) 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs négociés sur une plate-forme de négociation d'un autre Etat membre de l'Union européenne ou partie à l'Espace économique européen ou pour lesquels une demande d'admission à la négociation sur une telle plate-forme de négociation a été présentée ;
g) Toute personne qui, sur le territoire français ou à l'étranger, s'est livrée ou a tenté de se livrer à la diffusion d'une fausse information ou s'est livrée à tout autre manquement mentionné au premier alinéa du II de l'article L. 621-14, lors :
– d'une offre au public de titres financiers définie à l'article L. 411-1 ;
|
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LEGIARTI000051555513_2
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LEGIARTI000051555513
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VI : Les institutions en matière bancaire et financière - Titre II : L'Autorité des marchés financiers - Chapitre unique : L'Autorité des marchés financiers - Section 4 : Pouvoirs - Sous-section 5 : Sanctions
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L621-15
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2025-05-03
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2999-01-01
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– d'une offre au public de titres financiers définie à l'article L. 411-1 ;
– ou d'une offre au public ou une demande d'admission à la négociation de crypto-actifs autres que des jetons se référant à un ou des actifs ou des jetons de monnaie électronique au sens du règlement (UE) 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs ;
h) Toute personne qui, dans le cadre d'une enquête ou d'un contrôle effectués en application du I de l'article L. 621-9, sur demande des enquêteurs ou des contrôleurs et sous réserve de la préservation d'un secret légalement protégé et opposable à l'Autorité des marchés financiers, refuse de donner accès à un document, quel qu'en soit le support, et d'en fournir une copie, refuse de communiquer des informations ou de répondre à une convocation, ou refuse de donner accès à des locaux professionnels ;
i) Toute autre personne au titre de manquements aux obligations résultant des règlements européens entrant dans le champ de compétence de l'Autorité des marchés financiers ;
j) Toute personne qui, sur le territoire français ou à l'étranger, s'est livrée à un manquement aux obligations relatives aux offres au public de parts sociales mentionnées au quatrième alinéa de l'article L. 512-1 ou à l'article 11 de la loi n° 47-1775 du 10 septembre 1947 portant statut de la coopération ou aux offres au public de certificats mutualistes mentionnées au premier alinéa du II de l'article L. 322-26-8 du code des assurances dès lors que ces offres au public ne sont pas des offres mentionnées au 1° de l'article L. 411-2 ou au 2 ou au 3 de l'article L. 411-2-1 ;
j bis) Toute personne, autre que l'une des personnes mentionnées au II de l'article L. 621-9, qui, sur le territoire français ou à l'étranger, a commis un manquement à ses obligations au titre de son obligation de déclaration des transactions en application de l'article 9 du règlement (UE) n° 648/2012 du Parlement européen et du Conseil du 4 juillet 2012 sur les produits dérivés de gré à gré, les contreparties centrales et les référentiels centraux ;
k) Toute personne qui, sur le territoire français ou à l'étranger, ne respecte pas les règles relatives aux limites de position et aux déclarations des positions mentionnées aux articles L. 420-11 à L. 420-16 ;
l) Toute personne qui, sur le territoire français ou à l'étranger au titre des manquements aux obligations qui s'imposent à elle lorsqu'elle recourt à la négociation algorithmique définie à l'article L. 533-10-3..
III. – Les sanctions applicables sont :
a) Pour les personnes mentionnées aux 1° à 8°, 10° bis, 11°, 12°, 15° à 19°, 21° et 22° du II de l'article L. 621-9, l'avertissement, le blâme, l'interdiction à titre temporaire ou définitif de l'exercice de tout ou partie des services fournis, la radiation du registre mentionné à l'article L. 546-1 ; la commission des sanctions peut prononcer soit à la place, soit en sus de ces sanctions une sanction pécuniaire dont le montant ne peut être supérieur à 100 millions d'euros ou au décuple du montant de l'avantage retiré du manquement si celui-ci peut être déterminé ; les sommes sont versées au fonds de garantie auquel est affiliée la personne sanctionnée ou, à défaut, au Trésor public ;
b) Pour les personnes physiques placées sous l'autorité ou agissant pour le compte de l'une des personnes mentionnées aux 1° à 8°, 10° bis, 11°, 12° et 15° à 22° du II de l'article L. 621-9, ou exerçant des fonctions dirigeantes, au sens de l'article L. 533-25, au sein de l'une de ces personnes, l'avertissement, le blâme, le retrait temporaire ou définitif de la carte professionnelle, l'interdiction temporaire de négocier pour leur compte propre, l'interdiction à titre temporaire ou définitif de l'exercice de tout ou partie des activités ou de l'exercice des fonctions de gestion au sein d'une personne mentionnée aux 1° à 8°, 10° bis, 11°, 12° et 15° à 22° du II de l'article L. 621-9. La commission des sanctions peut prononcer soit à la place, soit en sus de ces sanctions une sanction pécuniaire dont le montant ne peut être supérieur à 15 millions d'euros ou au décuple du montant de l'avantage retiré du manquement si ce montant peut être déterminé, en cas de pratiques mentionnées au II du présent article. Les sommes sont versées au fonds de garantie auquel est affiliée la personne morale sous l'autorité ou pour le compte de qui agit la personne sanctionnée ou, à défaut, au Trésor public ;
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Code monétaire et financier - Article L621-15
Partie législative - Les institutions en matière bancaire et financière - L'Autorité des marchés financiers - L'Autorité des marchés financiers - Pouvoirs - Sanctions
– d'une offre au public de titres financiers définie à l'article L. 411-1 ;
– ou d'une offre au public ou une demande d'admission à la négociation de crypto-actifs autres que des jetons se référant à un ou des actifs ou des jetons de monnaie électronique au sens du règlement (UE) 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs ;
h) Toute personne qui, dans le cadre d'une enquête ou d'un contrôle effectués en application du I de l'article L. 621-9, sur demande des enquêteurs ou des contrôleurs et sous réserve de la préservation d'un secret légalement protégé et opposable à l'Autorité des marchés financiers, refuse de donner accès à un document, quel qu'en soit le support, et d'en fournir une copie, refuse de communiquer des informations ou de répondre à une convocation, ou refuse de donner accès à des locaux professionnels ;
i) Toute autre personne au titre de manquements aux obligations résultant des règlements européens entrant dans le champ de compétence de l'Autorité des marchés financiers ;
j) Toute personne qui, sur le territoire français ou à l'étranger, s'est livrée à un manquement aux obligations relatives aux offres au public de parts sociales mentionnées au quatrième alinéa de l'article L. 512-1 ou à l'article 11 de la loi n° 47-1775 du 10 septembre 1947 portant statut de la coopération ou aux offres au public de certificats mutualistes mentionnées au premier alinéa du II de l'article L. 322-26-8 du code des assurances dès lors que ces offres au public ne sont pas des offres mentionnées au 1° de l'article L. 411-2 ou au 2 ou au 3 de l'article L. 411-2-1 ;
j bis) Toute personne, autre que l'une des personnes mentionnées au II de l'article L. 621-9, qui, sur le territoire français ou à l'étranger, a commis un manquement à ses obligations au titre de son obligation de déclaration des transactions en application de l'article 9 du règlement (UE) n° 648/2012 du Parlement européen et du Conseil du 4 juillet 2012 sur les produits dérivés de gré à gré, les contreparties centrales et les référentiels centraux ;
k) Toute personne qui, sur le territoire français ou à l'étranger, ne respecte pas les règles relatives aux limites de position et aux déclarations des positions mentionnées aux articles L. 420-11 à L. 420-16 ;
l) Toute personne qui, sur le territoire français ou à l'étranger au titre des manquements aux obligations qui s'imposent à elle lorsqu'elle recourt à la négociation algorithmique définie à l'article L. 533-10-3..
III. – Les sanctions applicables sont :
a) Pour les personnes mentionnées aux 1° à 8°, 10° bis, 11°, 12°, 15° à 19°, 21° et 22° du II de l'article L. 621-9, l'avertissement, le blâme, l'interdiction à titre temporaire ou définitif de l'exercice de tout ou partie des services fournis, la radiation du registre mentionné à l'article L. 546-1 ; la commission des sanctions peut prononcer soit à la place, soit en sus de ces sanctions une sanction pécuniaire dont le montant ne peut être supérieur à 100 millions d'euros ou au décuple du montant de l'avantage retiré du manquement si celui-ci peut être déterminé ; les sommes sont versées au fonds de garantie auquel est affiliée la personne sanctionnée ou, à défaut, au Trésor public ;
b) Pour les personnes physiques placées sous l'autorité ou agissant pour le compte de l'une des personnes mentionnées aux 1° à 8°, 10° bis, 11°, 12° et 15° à 22° du II de l'article L. 621-9, ou exerçant des fonctions dirigeantes, au sens de l'article L. 533-25, au sein de l'une de ces personnes, l'avertissement, le blâme, le retrait temporaire ou définitif de la carte professionnelle, l'interdiction temporaire de négocier pour leur compte propre, l'interdiction à titre temporaire ou définitif de l'exercice de tout ou partie des activités ou de l'exercice des fonctions de gestion au sein d'une personne mentionnée aux 1° à 8°, 10° bis, 11°, 12° et 15° à 22° du II de l'article L. 621-9. La commission des sanctions peut prononcer soit à la place, soit en sus de ces sanctions une sanction pécuniaire dont le montant ne peut être supérieur à 15 millions d'euros ou au décuple du montant de l'avantage retiré du manquement si ce montant peut être déterminé, en cas de pratiques mentionnées au II du présent article. Les sommes sont versées au fonds de garantie auquel est affiliée la personne morale sous l'autorité ou pour le compte de qui agit la personne sanctionnée ou, à défaut, au Trésor public ;
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LEGIARTI000051555513_3
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LEGIARTI000051555513
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VI : Les institutions en matière bancaire et financière - Titre II : L'Autorité des marchés financiers - Chapitre unique : L'Autorité des marchés financiers - Section 4 : Pouvoirs - Sous-section 5 : Sanctions
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L621-15
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2025-05-03
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2999-01-01
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c) Pour les personnes mentionnées au 21° du II de l'article L. 621-9, pour des infractions aux articles 59,60 et 64 et 65 à 83 du règlement (UE) 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs, l'avertissement, le blâme, l'interdiction à titre temporaire ou définitif de l'exercice de tout ou partie des services fournis, une déclaration publique précisant l'identité de la personne physique ou morale responsable et la nature de l'infraction, une injonction ordonnant à la personne physique ou morale responsable de mettre fin au comportement constitutif de l'infraction et de s'abstenir de le réitérer ou une sanction pécuniaire ;
d) Pour les personnes mentionnées au 21° du II de l'article L. 621-9et pour des infractions aux articles 88 à 92 du règlement (UE) 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs :
-l'avertissement ;
-le blâme ;
-l'interdiction à titre temporaire ou définitif de l'exercice de tout ou partie des services fournis ;
-une déclaration publique précisant l'identité de la personne physique ou morale responsable et la nature de l'infraction ;
-une injonction ordonnant à la personne physique ou morale responsable de mettre fin au comportement constitutif de l'infraction et de s'abstenir de le réitérer ;
-la restitution du montant des profits obtenus du fait de l'infraction ou des pertes que celle-ci a permis d'éviter, s'ils peuvent être déterminés ;
-le retrait ou la suspension de l'agrément d'un prestataire de services sur crypto-actifs ;
-l'interdiction provisoire, pour tout membre de l'organe de direction du prestataire de services sur crypto-actifs ou toute autre personne physique tenue pour responsable de l'infraction, d'exercer des fonctions de direction au sein des prestataires de services sur crypto-actifs ;
-en cas d'infractions répétées à l'article 89,90,91 ou 92, une interdiction d'au moins dix ans, pour tout membre de l'organe de direction d'un prestataire de services sur crypto-actifs ou toute autre personne physique tenue pour responsable de l'infraction, d'exercer des fonctions de direction au sein du prestataire de services sur crypto-actifs ;
-l'interdiction provisoire, pour tout membre de l'organe de direction du prestataire de services sur crypto-actifs ou toute autre personne physique tenue pour responsable de l'infraction, de négocier pour compte propre ou une sanction pécuniaire ;
e) Pour les personnes autres que l'une des personnes mentionnées au II de l'article L. 621-9, auteurs des faits mentionnés aux c à j du II du présent article, une sanction pécuniaire dont le montant ne peut être supérieur à 100 millions d'euros ou au décuple du montant de l'avantage retiré du manquement si celui-ci peut être déterminé ; les sommes sont versées au Trésor public ;
f) Pour les personnes mentionnées aux 4 et 5 de l'article 29 du règlement (UE) 2017/2402 du Parlement européen et du Conseil du 12 décembre 2017 créant un cadre général pour la titrisation ainsi qu'un cadre spécifique pour les titrisations simples, transparentes et standardisées et modifiant les directives 2009/65/ CE, 2009/138/ CE et 2011/61/ UE et les règlements (CE) n° 1060/2009 et (UE) n° 648/2012, les sanctions prévues aux points c à h du 2 de l'article 32 du même règlement ;
g) Pour les personnes physiques ou morales ayant enfreint les obligations qui leur incombent en application du chapitre II du titre II ou des articles 18 ou 19 du règlement (UE) 2023/2631 du Parlement européen et du Conseil du 22 novembre 2023 sur les obligations vertes européennes et la publication facultative d'informations pour les obligations commercialisées en tant qu'obligations durables sur le plan environnemental et pour les obligations liées à la durabilité, l'interdiction d'émettre des obligations vertes européennes pour une période n'excédant pas un an.
Les sanctions pécuniaires prononcées en application du présent III peuvent faire l'objet d'une majoration, dans la limite de 10 % de leur montant, mise à la charge de la personne sanctionnée et destinée à financer l'aide aux victimes.
Le fonds de garantie mentionné aux a et b peut, dans des conditions fixées par son règlement intérieur et dans la limite de 300 000 euros par an, affecter à des actions éducatives dans le domaine financier une partie du produit des sanctions pécuniaires prononcées par la commission des sanctions qu'il perçoit.
III bis.-Le montant de la sanction pécuniaire mentionnée au septième alinéa du c du III peut être porté jusqu'au montant le plus élevé entre :
a) 5 000 000 euros ; ou
b) 5 % du chiffre d'affaires annuel total de la personne morale tel qu'il ressort des derniers états financiers disponibles approuvés par l'organe de direction
III ter. – Le montant de la sanction pécuniaire mentionnée aux a et c du III peut être porté jusqu'à 15 % du chiffre d'affaires annuel total de la personne sanctionnée en cas de manquement aux obligations :
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Code monétaire et financier - Article L621-15
Partie législative - Les institutions en matière bancaire et financière - L'Autorité des marchés financiers - L'Autorité des marchés financiers - Pouvoirs - Sanctions
c) Pour les personnes mentionnées au 21° du II de l'article L. 621-9, pour des infractions aux articles 59,60 et 64 et 65 à 83 du règlement (UE) 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs, l'avertissement, le blâme, l'interdiction à titre temporaire ou définitif de l'exercice de tout ou partie des services fournis, une déclaration publique précisant l'identité de la personne physique ou morale responsable et la nature de l'infraction, une injonction ordonnant à la personne physique ou morale responsable de mettre fin au comportement constitutif de l'infraction et de s'abstenir de le réitérer ou une sanction pécuniaire ;
d) Pour les personnes mentionnées au 21° du II de l'article L. 621-9et pour des infractions aux articles 88 à 92 du règlement (UE) 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs :
-l'avertissement ;
-le blâme ;
-l'interdiction à titre temporaire ou définitif de l'exercice de tout ou partie des services fournis ;
-une déclaration publique précisant l'identité de la personne physique ou morale responsable et la nature de l'infraction ;
-une injonction ordonnant à la personne physique ou morale responsable de mettre fin au comportement constitutif de l'infraction et de s'abstenir de le réitérer ;
-la restitution du montant des profits obtenus du fait de l'infraction ou des pertes que celle-ci a permis d'éviter, s'ils peuvent être déterminés ;
-le retrait ou la suspension de l'agrément d'un prestataire de services sur crypto-actifs ;
-l'interdiction provisoire, pour tout membre de l'organe de direction du prestataire de services sur crypto-actifs ou toute autre personne physique tenue pour responsable de l'infraction, d'exercer des fonctions de direction au sein des prestataires de services sur crypto-actifs ;
-en cas d'infractions répétées à l'article 89,90,91 ou 92, une interdiction d'au moins dix ans, pour tout membre de l'organe de direction d'un prestataire de services sur crypto-actifs ou toute autre personne physique tenue pour responsable de l'infraction, d'exercer des fonctions de direction au sein du prestataire de services sur crypto-actifs ;
-l'interdiction provisoire, pour tout membre de l'organe de direction du prestataire de services sur crypto-actifs ou toute autre personne physique tenue pour responsable de l'infraction, de négocier pour compte propre ou une sanction pécuniaire ;
e) Pour les personnes autres que l'une des personnes mentionnées au II de l'article L. 621-9, auteurs des faits mentionnés aux c à j du II du présent article, une sanction pécuniaire dont le montant ne peut être supérieur à 100 millions d'euros ou au décuple du montant de l'avantage retiré du manquement si celui-ci peut être déterminé ; les sommes sont versées au Trésor public ;
f) Pour les personnes mentionnées aux 4 et 5 de l'article 29 du règlement (UE) 2017/2402 du Parlement européen et du Conseil du 12 décembre 2017 créant un cadre général pour la titrisation ainsi qu'un cadre spécifique pour les titrisations simples, transparentes et standardisées et modifiant les directives 2009/65/ CE, 2009/138/ CE et 2011/61/ UE et les règlements (CE) n° 1060/2009 et (UE) n° 648/2012, les sanctions prévues aux points c à h du 2 de l'article 32 du même règlement ;
g) Pour les personnes physiques ou morales ayant enfreint les obligations qui leur incombent en application du chapitre II du titre II ou des articles 18 ou 19 du règlement (UE) 2023/2631 du Parlement européen et du Conseil du 22 novembre 2023 sur les obligations vertes européennes et la publication facultative d'informations pour les obligations commercialisées en tant qu'obligations durables sur le plan environnemental et pour les obligations liées à la durabilité, l'interdiction d'émettre des obligations vertes européennes pour une période n'excédant pas un an.
Les sanctions pécuniaires prononcées en application du présent III peuvent faire l'objet d'une majoration, dans la limite de 10 % de leur montant, mise à la charge de la personne sanctionnée et destinée à financer l'aide aux victimes.
Le fonds de garantie mentionné aux a et b peut, dans des conditions fixées par son règlement intérieur et dans la limite de 300 000 euros par an, affecter à des actions éducatives dans le domaine financier une partie du produit des sanctions pécuniaires prononcées par la commission des sanctions qu'il perçoit.
III bis.-Le montant de la sanction pécuniaire mentionnée au septième alinéa du c du III peut être porté jusqu'au montant le plus élevé entre :
a) 5 000 000 euros ; ou
b) 5 % du chiffre d'affaires annuel total de la personne morale tel qu'il ressort des derniers états financiers disponibles approuvés par l'organe de direction
III ter. – Le montant de la sanction pécuniaire mentionnée aux a et c du III peut être porté jusqu'à 15 % du chiffre d'affaires annuel total de la personne sanctionnée en cas de manquement aux obligations :
|
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LEGIARTI000051555513_4
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LEGIARTI000051555513
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VI : Les institutions en matière bancaire et financière - Titre II : L'Autorité des marchés financiers - Chapitre unique : L'Autorité des marchés financiers - Section 4 : Pouvoirs - Sous-section 5 : Sanctions
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L621-15
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2025-05-03
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2999-01-01
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III ter. – Le montant de la sanction pécuniaire mentionnée aux a et c du III peut être porté jusqu'à 15 % du chiffre d'affaires annuel total de la personne sanctionnée en cas de manquement aux obligations :
1° Fixées par le règlement (UE) n° 596/2014 du Parlement européen et du Conseil du 16 avril 2014 sur les abus de marché (règlement relatif aux abus de marché) et abrogeant la directive 2003/6/ CE du Parlement européen et du Conseil et les directives 2013/124/ CE, 2013/125/ CE et 2004/72/ CE de la Commission ;
2° Fixées par le règlement (UE) n° 909/2014 du Parlement européen et du Conseil du 23 juillet 2014 concernant l'amélioration du règlement de titres dans l'Union européenne et les dépositaires centraux de titres, et modifiant les directives 98/26/ CE et 2014/65/ UE ainsi que le règlement (UE) n° 236/2012 ;
3° Fixées par le règlement (UE) n° 1286/2014 du Parlement européen et du Conseil du 26 novembre 2014 sur les documents d'informations clés relatifs aux produits d'investissement packagés de détail et fondés sur l'assurance ;
4° Fixées par le règlement (UE) n° 600/2014 du Parlement européen et du Conseil du 15 mai 2014 concernant les marchés d'instruments financiers et modifiant le règlement (UE) n° 648/2012 ;
5° Fixées par le règlement (UE) n° 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs ;
6° Définies par les règlements européens et par le présent code ou le règlement général de l'Autorité des marchés financiers, commis par les sociétés de gestion et dépositaires mentionnés aux 7°, 7° bis et 12° du II de l'article L. 621-9, relatifs à des placements collectifs mentionnés au 1° du I de l'article L. 214-1 ;
6° bis Définies par les règlements européens et par le présent code ou le règlement général de l'Autorité des marchés financiers dans le cadre d'une offre au public de titres financiers ou d'une admission à la négociation sur un marché réglementé de titres financiers ;
7° Prévues à l'article L. 233-7 et au II de l'article L. 233-8 du code de commerce et à l'article L. 451-1-2 du présent code.
Le montant de la sanction pécuniaire peut être porté à 10 % du chiffre d'affaires annuel total de la personne sanctionnée en cas de manquement aux obligations fixées par le règlement (UE) 2019/1238 du Parlement européen et du Conseil du 20 juin 2019 relatif à un produit paneuropéen d'épargne-retraite individuelle (PEPP).
Le chiffre d'affaires annuel total mentionné aux premier et avant-dernier alinéas du présent III ter s'apprécie tel qu'il ressort des derniers comptes disponibles approuvés par l'assemblée générale. Lorsque la personne morale est une entreprise ou une filiale d'une entreprise tenue d'établir des comptes consolidés en application de l'article L. 233-16 du code de commerce, le chiffre d'affaires annuel total à prendre en considération est le chiffre d'affaires annuel total tel qu'il ressort des derniers comptes annuels consolidés approuvés par l'assemblée générale.
III quater. – Dans la mise en œuvre des sanctions mentionnées au III et III ter, il est tenu compte notamment :
– de la gravité et de la durée du manquement ;
– de la qualité et du degré d'implication de la personne en cause ;
– de la situation et de la capacité financières de la personne en cause, au vu notamment de son patrimoine et, s'agissant d'une personne physique de ses revenus annuels, s'agissant d'une personne morale de son chiffre d'affaires total ;
– de l'importance soit des gains ou avantages obtenus, soit des pertes ou coûts évités par la personne en cause, dans la mesure où ils peuvent être déterminés ;
– des pertes subies par des tiers du fait du manquement, dans la mesure où elles peuvent être déterminées ;
– du degré de coopération avec l'Autorité des marchés financiers dont a fait preuve la personne en cause, sans préjudice de la nécessité de veiller à la restitution de l'avantage retiré par cette personne ;
– des manquements commis précédemment par la personne en cause ;
– de toute circonstance propre à la personne en cause, notamment des mesures prises par elle pour remédier aux dysfonctionnements constatés, provoqués par le manquement qui lui est imputable et le cas échéant pour réparer les préjudices causés aux tiers, ainsi que pour éviter toute réitération du manquement.
III quniquies. – Dans les conditions fixées par décret en Conseil d'Etat, la récusation d'un membre de la commission des sanctions est prononcée à la demande de la personne mise en cause s'il existe une raison sérieuse de mettre en doute l'impartialité de ce membre.
IV. – La commission des sanctions statue par décision motivée, hors la présence du rapporteur. Aucune sanction ne peut être prononcée sans que la personne concernée ou son représentant ait été entendu ou, à défaut, dûment appelé.
IV bis. – Les séances de la commission des sanctions sont publiques.
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Code monétaire et financier - Article L621-15
Partie législative - Les institutions en matière bancaire et financière - L'Autorité des marchés financiers - L'Autorité des marchés financiers - Pouvoirs - Sanctions
III ter. – Le montant de la sanction pécuniaire mentionnée aux a et c du III peut être porté jusqu'à 15 % du chiffre d'affaires annuel total de la personne sanctionnée en cas de manquement aux obligations :
1° Fixées par le règlement (UE) n° 596/2014 du Parlement européen et du Conseil du 16 avril 2014 sur les abus de marché (règlement relatif aux abus de marché) et abrogeant la directive 2003/6/ CE du Parlement européen et du Conseil et les directives 2013/124/ CE, 2013/125/ CE et 2004/72/ CE de la Commission ;
2° Fixées par le règlement (UE) n° 909/2014 du Parlement européen et du Conseil du 23 juillet 2014 concernant l'amélioration du règlement de titres dans l'Union européenne et les dépositaires centraux de titres, et modifiant les directives 98/26/ CE et 2014/65/ UE ainsi que le règlement (UE) n° 236/2012 ;
3° Fixées par le règlement (UE) n° 1286/2014 du Parlement européen et du Conseil du 26 novembre 2014 sur les documents d'informations clés relatifs aux produits d'investissement packagés de détail et fondés sur l'assurance ;
4° Fixées par le règlement (UE) n° 600/2014 du Parlement européen et du Conseil du 15 mai 2014 concernant les marchés d'instruments financiers et modifiant le règlement (UE) n° 648/2012 ;
5° Fixées par le règlement (UE) n° 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs ;
6° Définies par les règlements européens et par le présent code ou le règlement général de l'Autorité des marchés financiers, commis par les sociétés de gestion et dépositaires mentionnés aux 7°, 7° bis et 12° du II de l'article L. 621-9, relatifs à des placements collectifs mentionnés au 1° du I de l'article L. 214-1 ;
6° bis Définies par les règlements européens et par le présent code ou le règlement général de l'Autorité des marchés financiers dans le cadre d'une offre au public de titres financiers ou d'une admission à la négociation sur un marché réglementé de titres financiers ;
7° Prévues à l'article L. 233-7 et au II de l'article L. 233-8 du code de commerce et à l'article L. 451-1-2 du présent code.
Le montant de la sanction pécuniaire peut être porté à 10 % du chiffre d'affaires annuel total de la personne sanctionnée en cas de manquement aux obligations fixées par le règlement (UE) 2019/1238 du Parlement européen et du Conseil du 20 juin 2019 relatif à un produit paneuropéen d'épargne-retraite individuelle (PEPP).
Le chiffre d'affaires annuel total mentionné aux premier et avant-dernier alinéas du présent III ter s'apprécie tel qu'il ressort des derniers comptes disponibles approuvés par l'assemblée générale. Lorsque la personne morale est une entreprise ou une filiale d'une entreprise tenue d'établir des comptes consolidés en application de l'article L. 233-16 du code de commerce, le chiffre d'affaires annuel total à prendre en considération est le chiffre d'affaires annuel total tel qu'il ressort des derniers comptes annuels consolidés approuvés par l'assemblée générale.
III quater. – Dans la mise en œuvre des sanctions mentionnées au III et III ter, il est tenu compte notamment :
– de la gravité et de la durée du manquement ;
– de la qualité et du degré d'implication de la personne en cause ;
– de la situation et de la capacité financières de la personne en cause, au vu notamment de son patrimoine et, s'agissant d'une personne physique de ses revenus annuels, s'agissant d'une personne morale de son chiffre d'affaires total ;
– de l'importance soit des gains ou avantages obtenus, soit des pertes ou coûts évités par la personne en cause, dans la mesure où ils peuvent être déterminés ;
– des pertes subies par des tiers du fait du manquement, dans la mesure où elles peuvent être déterminées ;
– du degré de coopération avec l'Autorité des marchés financiers dont a fait preuve la personne en cause, sans préjudice de la nécessité de veiller à la restitution de l'avantage retiré par cette personne ;
– des manquements commis précédemment par la personne en cause ;
– de toute circonstance propre à la personne en cause, notamment des mesures prises par elle pour remédier aux dysfonctionnements constatés, provoqués par le manquement qui lui est imputable et le cas échéant pour réparer les préjudices causés aux tiers, ainsi que pour éviter toute réitération du manquement.
III quniquies. – Dans les conditions fixées par décret en Conseil d'Etat, la récusation d'un membre de la commission des sanctions est prononcée à la demande de la personne mise en cause s'il existe une raison sérieuse de mettre en doute l'impartialité de ce membre.
IV. – La commission des sanctions statue par décision motivée, hors la présence du rapporteur. Aucune sanction ne peut être prononcée sans que la personne concernée ou son représentant ait été entendu ou, à défaut, dûment appelé.
IV bis. – Les séances de la commission des sanctions sont publiques.
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LEGIARTI000051555513_5
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LEGIARTI000051555513
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VI : Les institutions en matière bancaire et financière - Titre II : L'Autorité des marchés financiers - Chapitre unique : L'Autorité des marchés financiers - Section 4 : Pouvoirs - Sous-section 5 : Sanctions
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L621-15
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2025-05-03
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2999-01-01
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IV bis. – Les séances de la commission des sanctions sont publiques.
Toutefois, d'office ou sur la demande d'une personne mise en cause, le président de la formation saisie de l'affaire peut interdire au public l'accès de la salle pendant tout ou partie de l'audience dans l'intérêt de l'ordre public, de la sécurité nationale ou lorsque la protection des secrets d'affaires ou de tout autre secret protégé par la loi l'exige.
V. – La décision de la commission des sanctions est rendue publique dans les publications, journaux ou supports qu'elle désigne, dans un format proportionné à la faute commise et à la sanction infligée. Les frais sont supportés par les personnes sanctionnées.
La commission des sanctions peut décider de reporter la publication d'une décision ou de publier cette dernière sous une forme anonymisée ou de ne pas la publier dans l'une ou l'autre des circonstances suivantes :
a) Lorsque la publication de la décision est susceptible de causer à la personne en cause un préjudice grave et disproportionné, notamment, dans le cas d'une sanction infligée à une personne physique, lorsque la publication inclut des données à caractère personnel ;
b) Lorsque la publication serait de nature à perturber gravement la stabilité du système financier, de même que le déroulement d'une enquête ou d'un contrôle en cours.
Les décisions portant sur des manquements, par toute personne, aux obligations prévues à l'article L. 233-7 et au II de l'article L. 233-8 du code de commerce et à l'article L. 451-1-2 du présent code font obligatoirement l'objet d'une publication.
Lorsqu'une décision de sanction prise par la commission des sanctions fait l'objet d'un recours, l'Autorité des marchés financiers publie immédiatement sur son site internet cette information ainsi que toute information ultérieure sur le résultat de ce recours. Toute décision qui annule une décision précédente imposant une sanction ou une mesure est publiée.
Toute décision publiée sur le site internet de l'Autorité des marchés financiers demeure disponible pendant une période d'au moins cinq ans à compter de cette publication. Le maintien des données à caractère personnel figurant dans la décision publiée sur le site internet de l'Autorité des marchés financiers ne peut excéder cinq ans.
VI. – Les personnes sanctionnées par une interdiction à titre définitif de l'exercice de tout ou partie des activités ou des services fournis ou par un retrait définitif de leur carte professionnelle peuvent, à leur demande, être relevées de cette sanction après l'expiration d'un délai d'au moins dix ans, dans des conditions et selon des modalités déterminées par un décret en Conseil d'Etat.
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Code monétaire et financier - Article L621-15
Partie législative - Les institutions en matière bancaire et financière - L'Autorité des marchés financiers - L'Autorité des marchés financiers - Pouvoirs - Sanctions
IV bis. – Les séances de la commission des sanctions sont publiques.
Toutefois, d'office ou sur la demande d'une personne mise en cause, le président de la formation saisie de l'affaire peut interdire au public l'accès de la salle pendant tout ou partie de l'audience dans l'intérêt de l'ordre public, de la sécurité nationale ou lorsque la protection des secrets d'affaires ou de tout autre secret protégé par la loi l'exige.
V. – La décision de la commission des sanctions est rendue publique dans les publications, journaux ou supports qu'elle désigne, dans un format proportionné à la faute commise et à la sanction infligée. Les frais sont supportés par les personnes sanctionnées.
La commission des sanctions peut décider de reporter la publication d'une décision ou de publier cette dernière sous une forme anonymisée ou de ne pas la publier dans l'une ou l'autre des circonstances suivantes :
a) Lorsque la publication de la décision est susceptible de causer à la personne en cause un préjudice grave et disproportionné, notamment, dans le cas d'une sanction infligée à une personne physique, lorsque la publication inclut des données à caractère personnel ;
b) Lorsque la publication serait de nature à perturber gravement la stabilité du système financier, de même que le déroulement d'une enquête ou d'un contrôle en cours.
Les décisions portant sur des manquements, par toute personne, aux obligations prévues à l'article L. 233-7 et au II de l'article L. 233-8 du code de commerce et à l'article L. 451-1-2 du présent code font obligatoirement l'objet d'une publication.
Lorsqu'une décision de sanction prise par la commission des sanctions fait l'objet d'un recours, l'Autorité des marchés financiers publie immédiatement sur son site internet cette information ainsi que toute information ultérieure sur le résultat de ce recours. Toute décision qui annule une décision précédente imposant une sanction ou une mesure est publiée.
Toute décision publiée sur le site internet de l'Autorité des marchés financiers demeure disponible pendant une période d'au moins cinq ans à compter de cette publication. Le maintien des données à caractère personnel figurant dans la décision publiée sur le site internet de l'Autorité des marchés financiers ne peut excéder cinq ans.
VI. – Les personnes sanctionnées par une interdiction à titre définitif de l'exercice de tout ou partie des activités ou des services fournis ou par un retrait définitif de leur carte professionnelle peuvent, à leur demande, être relevées de cette sanction après l'expiration d'un délai d'au moins dix ans, dans des conditions et selon des modalités déterminées par un décret en Conseil d'Etat.
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LEGIARTI000038056781_0
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LEGIARTI000038056781
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie réglementaire - Cinquième partie : L'emploi - Livre II : Dispositions applicables à certaines catégories de travailleurs - Titre Ier : Travailleurs handicapés - Chapitre III : Reconnaissance et orientation des travailleurs handicapés - Section 4 : Orientation en milieu professionnel - Sous-section 2 : Entreprises adaptées et centres de distribution de travail à domicile - Sous-section 2 : Entreprises adaptées - Paragraphe 6 : Mises à disposition dans une autre entreprise - Paragraphe 5 : Mises à disposition dans une autre entreprise
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D5213-85
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2019-01-01
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2999-01-01
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Le salarié signe avec l'entreprise adaptée un avenant au contrat de travail qui précise notamment :
1° Le travail confié au sein de l'entreprise utilisatrice, les horaires et le lieu d'exécution du travail, ainsi que les caractéristiques particulières du poste de travail ;
2° Les éléments et les modalités de paiement de la rémunération due ;
3° Les conditions d'une offre d'embauche au sein de l'entreprise utilisatrice.
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Code du travail - Article D5213-85
Partie réglementaire - L'emploi - Dispositions applicables à certaines catégories de travailleurs - Travailleurs handicapés - Reconnaissance et orientation des travailleurs handicapés - Orientation en milieu professionnel - Entreprises adaptées et centres de distribution de travail à domicile - Entreprises adaptées - Mises à disposition dans une autre entreprise - Mises à disposition dans une autre entreprise
Le salarié signe avec l'entreprise adaptée un avenant au contrat de travail qui précise notamment :
1° Le travail confié au sein de l'entreprise utilisatrice, les horaires et le lieu d'exécution du travail, ainsi que les caractéristiques particulières du poste de travail ;
2° Les éléments et les modalités de paiement de la rémunération due ;
3° Les conditions d'une offre d'embauche au sein de l'entreprise utilisatrice.
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LEGIARTI000022875781_0
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LEGIARTI000022875781
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Article
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CODE
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VIGUEUR
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Code de la santé publique
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Code de la santé publique
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Partie réglementaire - Sixième partie : Etablissements et services de santé - Livre Ier : Etablissements de santé - Titre V : Personnels médicaux et pharmaceutiques - Chapitre II : Praticiens hospitaliers - Section 1 : Statut des praticiens hospitaliers à temps plein - Section 1 : Statut des praticiens hospitaliers - Sous-section 6 : Exercice de fonctions - Positions - Paragraphe 7 : Départements d'outre-mer et Saint-Pierre-et-Miquelon. - Paragraphe 7 : Départements d'outre-mer, Mayotte et Saint-Pierre-et-Miquelon - Paragraphe 7 : Départements d'outre-mer, Saint-Barthélemy, Saint-Martin et Saint-Pierre-et-Miquelon
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R6152-69
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2010-10-01
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2999-01-01
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Nonobstant les dispositions du 1° de l'article R. 6152-35, les praticiens exerçant leurs fonctions dans un établissement de santé public situé dans un département d'outre-mer, à Saint-Barthélemy, à Saint-Martin, à Mayotte ou à Saint-Pierre-et-Miquelon bénéficient, par période de trois ans de services ininterrompus dans l'établissement, d'un congé bonifié d'une durée de trente jours ouvrables, délais de route compris, pour se rendre en métropole.
Ce congé bonifié doit être pris en une seule fois à la suite du congé annuel de l'année au titre de laquelle il est accordé. Toute interruption du congé bonifié entraîne la perte du bénéfice de la durée restant à courir.
Le droit à congé bonifié est acquis à compter du premier jour du trente-cinquième mois de service ininterrompu.
Les congés prévus aux articles R. 6152-35 et R. 6152-49 n'interrompent pas, à l'exception des congés de longue durée, les séjours pris en compte pour l'ouverture du droit à congé bonifié.
Les frais de voyage à l'aller et au retour du praticien, de son conjoint et de ses enfants à charge au sens du livre V du code de la sécurité sociale sont remboursés par l'établissement de santé d'affectation sur la base du prix du voyage par avion en classe la plus économique.
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Code de la santé publique - Article R6152-69
Partie réglementaire - Etablissements et services de santé - Etablissements de santé - Personnels médicaux et pharmaceutiques - Praticiens hospitaliers - Statut des praticiens hospitaliers à temps plein - Statut des praticiens hospitaliers - Exercice de fonctions - Positions - Départements d'outre-mer et Saint-Pierre-et-Miquelon. - Départements d'outre-mer, Mayotte et Saint-Pierre-et-Miquelon - Départements d'outre-mer, Saint-Barthélemy, Saint-Martin et Saint-Pierre-et-Miquelon
Nonobstant les dispositions du 1° de l'article R. 6152-35, les praticiens exerçant leurs fonctions dans un établissement de santé public situé dans un département d'outre-mer, à Saint-Barthélemy, à Saint-Martin, à Mayotte ou à Saint-Pierre-et-Miquelon bénéficient, par période de trois ans de services ininterrompus dans l'établissement, d'un congé bonifié d'une durée de trente jours ouvrables, délais de route compris, pour se rendre en métropole.
Ce congé bonifié doit être pris en une seule fois à la suite du congé annuel de l'année au titre de laquelle il est accordé. Toute interruption du congé bonifié entraîne la perte du bénéfice de la durée restant à courir.
Le droit à congé bonifié est acquis à compter du premier jour du trente-cinquième mois de service ininterrompu.
Les congés prévus aux articles R. 6152-35 et R. 6152-49 n'interrompent pas, à l'exception des congés de longue durée, les séjours pris en compte pour l'ouverture du droit à congé bonifié.
Les frais de voyage à l'aller et au retour du praticien, de son conjoint et de ses enfants à charge au sens du livre V du code de la sécurité sociale sont remboursés par l'établissement de santé d'affectation sur la base du prix du voyage par avion en classe la plus économique.
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LEGIARTI000038056784_0
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LEGIARTI000038056784
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie réglementaire - Cinquième partie : L'emploi - Livre II : Dispositions applicables à certaines catégories de travailleurs - Titre Ier : Travailleurs handicapés - Chapitre III : Reconnaissance et orientation des travailleurs handicapés - Section 4 : Orientation en milieu professionnel - Sous-section 2 : Entreprises adaptées et centres de distribution de travail à domicile - Sous-section 2 : Entreprises adaptées - Paragraphe 6 : Mises à disposition dans une autre entreprise - Paragraphe 5 : Mises à disposition dans une autre entreprise
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D5213-84
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2019-01-01
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2999-01-01
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Une convention de mise à disposition entre l'entreprise adaptée prêteuse et l'entreprise utilisatrice précise notamment :
1° L'identité et la qualification du salarié concerné ;
2° La durée, l'horaire et le lieu de la mise à disposition ;
3° Les caractéristiques des travaux à accomplir et de l'environnement de travail ;
4° Le mode de détermination des salaires, des charges sociales et des frais professionnels qui seront facturés à l'entreprise utilisatrice par l'entreprise adaptée prêteuse.
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Code du travail - Article D5213-84
Partie réglementaire - L'emploi - Dispositions applicables à certaines catégories de travailleurs - Travailleurs handicapés - Reconnaissance et orientation des travailleurs handicapés - Orientation en milieu professionnel - Entreprises adaptées et centres de distribution de travail à domicile - Entreprises adaptées - Mises à disposition dans une autre entreprise - Mises à disposition dans une autre entreprise
Une convention de mise à disposition entre l'entreprise adaptée prêteuse et l'entreprise utilisatrice précise notamment :
1° L'identité et la qualification du salarié concerné ;
2° La durée, l'horaire et le lieu de la mise à disposition ;
3° Les caractéristiques des travaux à accomplir et de l'environnement de travail ;
4° Le mode de détermination des salaires, des charges sociales et des frais professionnels qui seront facturés à l'entreprise utilisatrice par l'entreprise adaptée prêteuse.
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LEGIARTI000024280500_0
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LEGIARTI000024280500
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie réglementaire - Deuxième partie : Les relations collectives de travail
- Livre Ier : Les syndicats professionnels - Titre II : Représentativité syndicale - Chapitre II : Syndicats représentatifs - Section 3 : Mesure de l'audience des organisations syndicales concernant les entreprises de moins de onze salariés
- Sous-section 6 : Modalités de vote
- Paragraphe 3 : Vote électronique à distance
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R2122-64
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2011-07-01
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2999-01-01
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L'urne électronique contient les données relatives aux votes exprimés par voie électronique à distance.
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Code du travail - Article R2122-64
L'urne électronique contient les données relatives aux votes exprimés par voie électronique à distance.
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LEGIARTI000006900926_0
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LEGIARTI000006900926
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie législative - Première partie : Les relations individuelles de travail - Livre II : Le contrat de travail - Titre II : Formation et exécution du contrat de travail - Chapitre V : Maternité, paternité, adoption et éducation des enfants - Section 3 : Congés d'adoption.
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L1225-44
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2008-05-01
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2999-01-01
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En l'absence d'accord collectif de branche ou d'entreprise déterminant des garanties d'évolution de la rémunération des salariés, pendant le congé d'adoption et à la suite de ce congé, au moins aussi favorables que celles mentionnées dans le présent article, cette rémunération, au sens de l'article L. 3221-3, est majorée, à la suite de ce congé, des augmentations générales ainsi que de la moyenne des augmentations individuelles perçues pendant la durée de ce congé par les salariés relevant de la même catégorie professionnelle ou, à défaut, de la moyenne des augmentations individuelles dans l'entreprise.
Cette règle n'est pas applicable aux accords collectifs de branche ou d'entreprise conclus antérieurement à l'entrée en vigueur de la loi n° 2006-340 du 23 mars 2006 relative à l'égalité salariale entre les femmes et les hommes.
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Code du travail - Article L1225-44
Partie législative - Les relations individuelles de travail - Le contrat de travail - Formation et exécution du contrat de travail - Maternité, paternité, adoption et éducation des enfants - Congés d'adoption.
En l'absence d'accord collectif de branche ou d'entreprise déterminant des garanties d'évolution de la rémunération des salariés, pendant le congé d'adoption et à la suite de ce congé, au moins aussi favorables que celles mentionnées dans le présent article, cette rémunération, au sens de l'article L. 3221-3, est majorée, à la suite de ce congé, des augmentations générales ainsi que de la moyenne des augmentations individuelles perçues pendant la durée de ce congé par les salariés relevant de la même catégorie professionnelle ou, à défaut, de la moyenne des augmentations individuelles dans l'entreprise.
Cette règle n'est pas applicable aux accords collectifs de branche ou d'entreprise conclus antérieurement à l'entrée en vigueur de la loi n° 2006-340 du 23 mars 2006 relative à l'égalité salariale entre les femmes et les hommes.
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LEGIARTI000022875835_0
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LEGIARTI000022875835
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Article
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CODE
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VIGUEUR
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Code de la santé publique
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Code de la santé publique
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Partie réglementaire - Sixième partie : Etablissements et services de santé - Livre Ier : Etablissements de santé - Titre V : Personnels médicaux et pharmaceutiques - Chapitre II : Praticiens hospitaliers - Section 1 : Statut des praticiens hospitaliers à temps plein - Section 1 : Statut des praticiens hospitaliers - Sous-section 11 : Cessation de fonctions.
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R6152-97
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2010-10-01
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2999-01-01
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Les praticiens hospitaliers peuvent présenter leur démission au directeur général du Centre national de gestion, en respectant un délai de préavis de trois mois.
Dans un délai de trente jours à compter de la réception de la demande du praticien, le directeur général du Centre national de gestion notifie sa décision au praticien. Il peut demander au praticien démissionnaire d'assurer ses fonctions pendant la durée nécessaire à son remplacement sans que cette durée puisse excéder six mois à compter de la date de réception par le Centre national de gestion de la demande du praticien. Si le directeur général du Centre national de gestion ne s'est pas prononcé dans le délai de trente jours à compter de la réception de la lettre de démission, la démission est réputée acceptée.
Lorsque le praticien démissionnaire prévoit d'exercer une activité salariée ou à titre libéral, lui sont applicables les dispositions de l'article 87 de la loi n° 93-122 du 29 janvier 1993 relative à la prévention de la corruption et à la transparence de la vie économique et des procédures publiques et la réglementation prise pour son application.
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Code de la santé publique - Article R6152-97
Partie réglementaire - Etablissements et services de santé - Etablissements de santé - Personnels médicaux et pharmaceutiques - Praticiens hospitaliers - Statut des praticiens hospitaliers à temps plein - Statut des praticiens hospitaliers - Cessation de fonctions.
Les praticiens hospitaliers peuvent présenter leur démission au directeur général du Centre national de gestion, en respectant un délai de préavis de trois mois.
Dans un délai de trente jours à compter de la réception de la demande du praticien, le directeur général du Centre national de gestion notifie sa décision au praticien. Il peut demander au praticien démissionnaire d'assurer ses fonctions pendant la durée nécessaire à son remplacement sans que cette durée puisse excéder six mois à compter de la date de réception par le Centre national de gestion de la demande du praticien. Si le directeur général du Centre national de gestion ne s'est pas prononcé dans le délai de trente jours à compter de la réception de la lettre de démission, la démission est réputée acceptée.
Lorsque le praticien démissionnaire prévoit d'exercer une activité salariée ou à titre libéral, lui sont applicables les dispositions de l'article 87 de la loi n° 93-122 du 29 janvier 1993 relative à la prévention de la corruption et à la transparence de la vie économique et des procédures publiques et la réglementation prise pour son application.
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LEGIARTI000051555543_0
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LEGIARTI000051555543
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VI : Les institutions en matière bancaire et financière - Titre II : L'Autorité des marchés financiers - Chapitre unique : L'Autorité des marchés financiers - Section 4 : Pouvoirs - Sous-section 1 : Réglementation et décisions
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L621-7-3
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2025-05-03
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2999-01-01
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I. - Au titre des opérations relevant de l'article L. 552-1, l'Autorité des marchés financiers peut exiger des offreurs ou des personnes qui demandent l'admission à la négociation de crypto-actifs autres que des jetons se référant à un ou des actifs ou des jetons de monnaie électronique qu'ils :
1° Modifient leur livre blanc sur les crypto-actifs ou modifient davantage leur livre blanc sur les crypto-actifs modifié, lorsqu'elle constate que le livre blanc sur les crypto-actifs ou le livre blanc sur les crypto-actifs modifié ne contient pas les informations requises par l'article 6 du règlement (UE) 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs ;
2° Modifient leurs communications commerciales, lorsqu'elle constate que celles-ci ne respectent pas les exigences établies à l'article 7 du règlement (UE) 2023/1114 du 31 mai 2023 sur les marchés de crypto-actifs ;
3° Ajoutent des informations dans leurs livres blancs sur les crypto-actifs, lorsque cela est nécessaire à la stabilité financière ou à la protection des intérêts des détenteurs de crypto-actifs, en particulier des détenteurs de détail ;
4° Arrêtent ou suspendent les communications commerciales durant une période maximale de trente jours ouvrables consécutifs chaque fois qu'il existe des motifs raisonnables de soupçonner qu'il y a eu infraction au règlement (UE) 2023/1114 du 31 mai 2023 sur les marchés de crypto-actifs.
II. - L'Autorité des marchés financiers peut suspendre toute opération mentionnée à l'article L. 552-1 pour une durée qui ne peut excéder trente jours ouvrables consécutifs chaque fois qu'elle a des motifs raisonnables de soupçonner qu'il y a eu infraction au règlement (UE) 2023/1114 du 31 mai 2023 sur les marchés de crypto-actifs.
III. - L'Autorité des marchés financiers peut interdire toute opération mentionnée à l'article L. 552-1 lorsqu'elle constate qu'il y a eu infraction ou a des motifs raisonnables de soupçonner qu'il y aura infraction au règlement (UE) 2023/1114 du 31 mai 2023 sur les marchés de crypto-actifs qui lui sont applicables.
IV. - Au titre des opérations relevant de l'article L. 552-1, l'Autorité des marchés financiers peut suspendre ou interdire les communications commerciales lorsqu'elle a des motifs raisonnables de soupçonner qu'il y a eu infraction au règlement (UE) 2023/1114 du 31 mai 2023 sur les marchés de crypto-actifs.
V. - Au titre des opérations relevant de l'article L. 552-1, l'Autorité des marchés financiers peut divulguer, ou exiger de l'offreur ou de la personne qui demande l'admission à la négociation d'un crypto-actif autres que des jetons se référant à un ou des actifs ou des jetons de monnaie électronique qu'il divulgue, toutes les informations importantes susceptibles d'influer sur l'évaluation du crypto-actif précité offert au public ou admis à la négociation afin de garantir la protection des intérêts des détenteurs de crypto-actifs, notamment des détenteurs de détail.
VI. - S'il existe une raison de penser qu'une personne réalise une opération mentionnée à l'article L. 552-1 sans avoir notifié un livre blanc sur les crypto-actifs conformément à l'article 8 du règlement (UE) 2023/1114 du 31 mai 2023 sur les marchés de crypto-actifs, l'Autorité des marchés financiers peut ordonner la cessation immédiate de l'activité sans préavis ni délai.
VII. - L'Autorité des marchés financiers peut prendre tout type de mesure pour faire en sorte qu'un offreur, une personne qui demande l'admission à la négociation de crypto-actifs autres que des jetons se référant à un ou des actifs ou des jetons de monnaie électronique respectent le règlement (UE) 2023/1114 du 31 mai 2023 sur les marchés de crypto-actifs, y compris exiger la cessation de toute pratique ou conduite que l'Autorité des marchés financiers estime contraire à ce même règlement.
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Code monétaire et financier - Article L621-7-3
Partie législative - Les institutions en matière bancaire et financière - L'Autorité des marchés financiers - L'Autorité des marchés financiers - Pouvoirs - Réglementation et décisions
I. - Au titre des opérations relevant de l'article L. 552-1, l'Autorité des marchés financiers peut exiger des offreurs ou des personnes qui demandent l'admission à la négociation de crypto-actifs autres que des jetons se référant à un ou des actifs ou des jetons de monnaie électronique qu'ils :
1° Modifient leur livre blanc sur les crypto-actifs ou modifient davantage leur livre blanc sur les crypto-actifs modifié, lorsqu'elle constate que le livre blanc sur les crypto-actifs ou le livre blanc sur les crypto-actifs modifié ne contient pas les informations requises par l'article 6 du règlement (UE) 2023/1114 du Parlement européen et du Conseil du 31 mai 2023 sur les marchés de crypto-actifs ;
2° Modifient leurs communications commerciales, lorsqu'elle constate que celles-ci ne respectent pas les exigences établies à l'article 7 du règlement (UE) 2023/1114 du 31 mai 2023 sur les marchés de crypto-actifs ;
3° Ajoutent des informations dans leurs livres blancs sur les crypto-actifs, lorsque cela est nécessaire à la stabilité financière ou à la protection des intérêts des détenteurs de crypto-actifs, en particulier des détenteurs de détail ;
4° Arrêtent ou suspendent les communications commerciales durant une période maximale de trente jours ouvrables consécutifs chaque fois qu'il existe des motifs raisonnables de soupçonner qu'il y a eu infraction au règlement (UE) 2023/1114 du 31 mai 2023 sur les marchés de crypto-actifs.
II. - L'Autorité des marchés financiers peut suspendre toute opération mentionnée à l'article L. 552-1 pour une durée qui ne peut excéder trente jours ouvrables consécutifs chaque fois qu'elle a des motifs raisonnables de soupçonner qu'il y a eu infraction au règlement (UE) 2023/1114 du 31 mai 2023 sur les marchés de crypto-actifs.
III. - L'Autorité des marchés financiers peut interdire toute opération mentionnée à l'article L. 552-1 lorsqu'elle constate qu'il y a eu infraction ou a des motifs raisonnables de soupçonner qu'il y aura infraction au règlement (UE) 2023/1114 du 31 mai 2023 sur les marchés de crypto-actifs qui lui sont applicables.
IV. - Au titre des opérations relevant de l'article L. 552-1, l'Autorité des marchés financiers peut suspendre ou interdire les communications commerciales lorsqu'elle a des motifs raisonnables de soupçonner qu'il y a eu infraction au règlement (UE) 2023/1114 du 31 mai 2023 sur les marchés de crypto-actifs.
V. - Au titre des opérations relevant de l'article L. 552-1, l'Autorité des marchés financiers peut divulguer, ou exiger de l'offreur ou de la personne qui demande l'admission à la négociation d'un crypto-actif autres que des jetons se référant à un ou des actifs ou des jetons de monnaie électronique qu'il divulgue, toutes les informations importantes susceptibles d'influer sur l'évaluation du crypto-actif précité offert au public ou admis à la négociation afin de garantir la protection des intérêts des détenteurs de crypto-actifs, notamment des détenteurs de détail.
VI. - S'il existe une raison de penser qu'une personne réalise une opération mentionnée à l'article L. 552-1 sans avoir notifié un livre blanc sur les crypto-actifs conformément à l'article 8 du règlement (UE) 2023/1114 du 31 mai 2023 sur les marchés de crypto-actifs, l'Autorité des marchés financiers peut ordonner la cessation immédiate de l'activité sans préavis ni délai.
VII. - L'Autorité des marchés financiers peut prendre tout type de mesure pour faire en sorte qu'un offreur, une personne qui demande l'admission à la négociation de crypto-actifs autres que des jetons se référant à un ou des actifs ou des jetons de monnaie électronique respectent le règlement (UE) 2023/1114 du 31 mai 2023 sur les marchés de crypto-actifs, y compris exiger la cessation de toute pratique ou conduite que l'Autorité des marchés financiers estime contraire à ce même règlement.
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LEGIARTI000038056790_0
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LEGIARTI000038056790
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie réglementaire - Cinquième partie : L'emploi - Livre II : Dispositions applicables à certaines catégories de travailleurs - Titre Ier : Travailleurs handicapés - Chapitre III : Reconnaissance et orientation des travailleurs handicapés - Section 4 : Orientation en milieu professionnel - Sous-section 2 : Entreprises adaptées et centres de distribution de travail à domicile - Sous-section 2 : Entreprises adaptées - Paragraphe 6 : Mises à disposition dans une autre entreprise - Paragraphe 5 : Mises à disposition dans une autre entreprise
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D5213-82
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2019-01-01
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2999-01-01
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Les conditions de la mise à disposition du travailleur handicapé sont fixées par des contrats écrits que de l'entreprise adaptée conclut, d'une part, avec l'employeur utilisateur et, d'autre part, avec le travailleur handicapé.
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Code du travail - Article D5213-82
Les conditions de la mise à disposition du travailleur handicapé sont fixées par des contrats écrits que de l'entreprise adaptée conclut, d'une part, avec l'employeur utilisateur et, d'autre part, avec le travailleur handicapé.
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LEGIARTI000024280534_0
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LEGIARTI000024280534
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie réglementaire - Deuxième partie : Les relations collectives de travail
- Livre Ier : Les syndicats professionnels - Titre II : Représentativité syndicale - Chapitre II : Syndicats représentatifs - Section 3 : Mesure de l'audience des organisations syndicales concernant les entreprises de moins de onze salariés
- Sous-section 7 : Dépouillement
- Paragraphe 1er : Dépouillement du vote électronique à distance
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R2122-78
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2011-07-01
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2999-01-01
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Le dernier jour du dépouillement du vote par correspondance, le président et les assesseurs du bureau de vote procèdent, en public, au dépouillement des votes électroniques à distance. A cette fin, ils activent deux des trois clés de dépouillement mentionnées à l'article R. 2122-69. Le décompte des suffrages fait l'objet d'une édition sécurisée afin d'être porté au procès-verbal. Les résultats sont présentés par région, par branche et par collège.
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Code du travail - Article R2122-78
Partie réglementaire - Les relations collectives de travail - Les syndicats professionnels - Représentativité syndicale - Syndicats représentatifs - Mesure de l'audience des organisations syndicales concernant les entreprises de moins de onze salariés - Dépouillement - Dépouillement du vote électronique à distance
Le dernier jour du dépouillement du vote par correspondance, le président et les assesseurs du bureau de vote procèdent, en public, au dépouillement des votes électroniques à distance. A cette fin, ils activent deux des trois clés de dépouillement mentionnées à l'article R. 2122-69. Le décompte des suffrages fait l'objet d'une édition sécurisée afin d'être porté au procès-verbal. Les résultats sont présentés par région, par branche et par collège.
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LEGIARTI000006900975_0
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LEGIARTI000006900975
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie législative - Première partie : Les relations individuelles de travail - Livre II : Le contrat de travail - Titre II : Formation et exécution du contrat de travail - Chapitre VI : Maladie, accident et inaptitude médicale - Section 3 : Accident du travail ou maladie professionnelle - Sous-section 2 : Suspension du contrat et protection contre la rupture.
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L1226-9
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2008-05-01
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2999-01-01
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Au cours des périodes de suspension du contrat de travail, l'employeur ne peut rompre ce dernier que s'il justifie soit d'une faute grave de l'intéressé, soit de son impossibilité de maintenir ce contrat pour un motif étranger à l'accident ou à la maladie.
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Code du travail - Article L1226-9
Au cours des périodes de suspension du contrat de travail, l'employeur ne peut rompre ce dernier que s'il justifie soit d'une faute grave de l'intéressé, soit de son impossibilité de maintenir ce contrat pour un motif étranger à l'accident ou à la maladie.
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LEGIARTI000022875832_0
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LEGIARTI000022875832
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Article
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CODE
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VIGUEUR
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Code de la santé publique
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Code de la santé publique
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Partie réglementaire - Sixième partie : Etablissements et services de santé - Livre Ier : Etablissements de santé - Titre V : Personnels médicaux et pharmaceutiques - Chapitre II : Praticiens hospitaliers - Section 1 : Statut des praticiens hospitaliers à temps plein - Section 1 : Statut des praticiens hospitaliers - Sous-section 11 : Cessation de fonctions.
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R6152-98
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2010-10-01
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2999-01-01
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Le praticien hospitalier qui cesse de remplir les conditions fixées au 1° de l'article R. 6152-302 ou qui fait l'objet d'une condamnation comportant la perte des droits civiques ou d'une radiation du tableau de l'ordre est licencié sans indemnité.
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Code de la santé publique - Article R6152-98
Le praticien hospitalier qui cesse de remplir les conditions fixées au 1° de l'article R. 6152-302 ou qui fait l'objet d'une condamnation comportant la perte des droits civiques ou d'une radiation du tableau de l'ordre est licencié sans indemnité.
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LEGIARTI000051555536_0
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LEGIARTI000051555536
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VI : Les institutions en matière bancaire et financière - Titre II : L'Autorité des marchés financiers - Chapitre unique : L'Autorité des marchés financiers - Section 4 : Pouvoirs - Sous-section 4 : Injonctions et mesures d'urgence - Sous-section 4 : Injonctions, mesures d'urgence et autres mesures
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L621-13-9
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2025-05-03
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2999-01-01
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L'Autorité des marchés financiers peut faire une déclaration publique mentionnant toute personne responsable d'un manquement aux règlements européens, lois, règlements ou règles professionnelles approuvés par l'Autorité des marchés financiers et la nature de ce dernier.
En cas de manquement au règlement (UE) 2023/2631 du Parlement européen et du Conseil du 22 novembre 2023 sur les obligations vertes européennes et la publication facultative d'informations pour les obligations commercialisées en tant qu'obligations durables sur le plan environnemental et pour les obligations liées à la durabilité, l'Autorité des marchés financiers peut, en outre, exiger d'un émetteur, au sens du même règlement, qu'il publie cette déclaration sur son site internet, en application de l'article 45 dudit règlement.
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Code monétaire et financier - Article L621-13-9
Partie législative - Les institutions en matière bancaire et financière - L'Autorité des marchés financiers - L'Autorité des marchés financiers - Pouvoirs - Injonctions et mesures d'urgence - Injonctions, mesures d'urgence et autres mesures
L'Autorité des marchés financiers peut faire une déclaration publique mentionnant toute personne responsable d'un manquement aux règlements européens, lois, règlements ou règles professionnelles approuvés par l'Autorité des marchés financiers et la nature de ce dernier.
En cas de manquement au règlement (UE) 2023/2631 du Parlement européen et du Conseil du 22 novembre 2023 sur les obligations vertes européennes et la publication facultative d'informations pour les obligations commercialisées en tant qu'obligations durables sur le plan environnemental et pour les obligations liées à la durabilité, l'Autorité des marchés financiers peut, en outre, exiger d'un émetteur, au sens du même règlement, qu'il publie cette déclaration sur son site internet, en application de l'article 45 dudit règlement.
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LEGIARTI000038056777_0
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LEGIARTI000038056777
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie réglementaire - Cinquième partie : L'emploi - Livre II : Dispositions applicables à certaines catégories de travailleurs - Titre Ier : Travailleurs handicapés - Chapitre III : Reconnaissance et orientation des travailleurs handicapés - Section 4 : Orientation en milieu professionnel - Sous-section 2 : Entreprises adaptées et centres de distribution de travail à domicile - Sous-section 2 : Entreprises adaptées - Paragraphe 6 : Mises à disposition dans une autre entreprise - Paragraphe 5 : Mises à disposition dans une autre entreprise
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D5213-86
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2019-01-01
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2999-01-01
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Le salarié handicapé qui a démissionné d'une entreprise adaptée ou pour travailler dans une entreprise ordinaire bénéficie, dans le délai d'un an à compter de la rupture de son contrat, de la priorité d'embauche mentionnée à l'article L. 5213-17 s'il manifeste le souhait de réintégrer l'entreprise adaptée.
Dans ce cas, l'entreprise adaptée l'informe de tout emploi disponible compatible avec sa situation.
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Code du travail - Article D5213-86
Le salarié handicapé qui a démissionné d'une entreprise adaptée ou pour travailler dans une entreprise ordinaire bénéficie, dans le délai d'un an à compter de la rupture de son contrat, de la priorité d'embauche mentionnée à l'article L. 5213-17 s'il manifeste le souhait de réintégrer l'entreprise adaptée.
Dans ce cas, l'entreprise adaptée l'informe de tout emploi disponible compatible avec sa situation.
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LEGIARTI000024280508_0
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LEGIARTI000024280508
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie réglementaire - Deuxième partie : Les relations collectives de travail
- Livre Ier : Les syndicats professionnels - Titre II : Représentativité syndicale - Chapitre II : Syndicats représentatifs - Section 3 : Mesure de l'audience des organisations syndicales concernant les entreprises de moins de onze salariés
- Sous-section 6 : Modalités de vote
- Paragraphe 3 : Vote électronique à distance
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R2122-68
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2011-07-01
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2999-01-01
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Une fois le scellement opéré, le président et les assesseurs du bureau de vote vérifient l'intégrité du système de vote par voie électronique à distance.
Ils vérifient en particulier que le nombre de votes exprimés dans l'urne électronique correspond au nombre de votants figurant sur la liste d'émargement et que les votes enregistrés ont été exprimés pendant la période de vote.
Ces constatations sont incluses dans le journal qui recense les opérations de vote électronique à distance. Ce journal est automatiquement édité et communiqué au comité technique mentionné à l'article R. 2122-58 et aux délégués mentionnés à l'article R. 2122-59. Il est annexé au procès-verbal des opérations de vote mentionné à l'article R. 2122-56.
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Code du travail - Article R2122-68
Partie réglementaire - Les relations collectives de travail - Les syndicats professionnels - Représentativité syndicale - Syndicats représentatifs - Mesure de l'audience des organisations syndicales concernant les entreprises de moins de onze salariés - Modalités de vote - Vote électronique à distance
Une fois le scellement opéré, le président et les assesseurs du bureau de vote vérifient l'intégrité du système de vote par voie électronique à distance.
Ils vérifient en particulier que le nombre de votes exprimés dans l'urne électronique correspond au nombre de votants figurant sur la liste d'émargement et que les votes enregistrés ont été exprimés pendant la période de vote.
Ces constatations sont incluses dans le journal qui recense les opérations de vote électronique à distance. Ce journal est automatiquement édité et communiqué au comité technique mentionné à l'article R. 2122-58 et aux délégués mentionnés à l'article R. 2122-59. Il est annexé au procès-verbal des opérations de vote mentionné à l'article R. 2122-56.
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LEGIARTI000022875813_0
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LEGIARTI000022875813
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Article
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CODE
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VIGUEUR
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Code de la santé publique
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Code de la santé publique
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Partie réglementaire - Sixième partie : Etablissements et services de santé - Livre Ier : Etablissements de santé - Titre V : Personnels médicaux et pharmaceutiques - Chapitre II : Praticiens hospitaliers - Section 1 : Statut des praticiens hospitaliers à temps plein - Section 1 : Statut des praticiens hospitaliers - Sous-section 8 : Discipline.
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R6152-75
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2010-10-01
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2999-01-01
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Le conseil de discipline est saisi par le directeur général du Centre national de gestion.
Le praticien intéressé doit être avisé au moins deux mois à l'avance, par lettre recommandée avec demande d'avis de réception, de la date de sa comparution devant le conseil de discipline et avoir communication intégrale de son dossier. Il peut présenter devant le conseil de discipline des observations écrites ou orales, faire entendre des témoins et se faire assister d'un défenseur de son choix.
Le droit de citer des témoins appartient également à l'administration.
Le conseil entend toutes les personnes qu'il estime devoir convoquer. Il prend connaissance des observations du directeur général de l'agence régionale de santé, du directeur de l'établissement et de la commission médicale de l'établissement où exerce le praticien siégeant en formation restreinte aux praticiens titulaires et hors la présence du praticien.
Le conseil de discipline peut ordonner toute enquête complémentaire susceptible de l'éclairer.
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Code de la santé publique - Article R6152-75
Partie réglementaire - Etablissements et services de santé - Etablissements de santé - Personnels médicaux et pharmaceutiques - Praticiens hospitaliers - Statut des praticiens hospitaliers à temps plein - Statut des praticiens hospitaliers - Discipline.
Le conseil de discipline est saisi par le directeur général du Centre national de gestion.
Le praticien intéressé doit être avisé au moins deux mois à l'avance, par lettre recommandée avec demande d'avis de réception, de la date de sa comparution devant le conseil de discipline et avoir communication intégrale de son dossier. Il peut présenter devant le conseil de discipline des observations écrites ou orales, faire entendre des témoins et se faire assister d'un défenseur de son choix.
Le droit de citer des témoins appartient également à l'administration.
Le conseil entend toutes les personnes qu'il estime devoir convoquer. Il prend connaissance des observations du directeur général de l'agence régionale de santé, du directeur de l'établissement et de la commission médicale de l'établissement où exerce le praticien siégeant en formation restreinte aux praticiens titulaires et hors la présence du praticien.
Le conseil de discipline peut ordonner toute enquête complémentaire susceptible de l'éclairer.
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LEGIARTI000051556454_0
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LEGIARTI000051556454
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VII : Dispositions relatives à l'outre-mer - Titre IV : CONDITIONS D'APPLICATION EN OUTRE-MER DES DISPOSITIONS DU LIVRE II RELATIF AUX PRODUITS - Chapitre II : DISPOSITIONS PARTICULIÈRES À LA NOUVELLE CALÉDONIE - Section 1 : Instruments financiers - Sous-section 1 : Définitions et règles générales
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L742-1
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2025-05-03
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2999-01-01
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I. - Sont applicables en Nouvelle-Calédonie, sous réserve des dispositions prévues au II, les dispositions des articles mentionnés dans la colonne de gauche du tableau ci-après, dans leur rédaction indiquée dans la colonne de droite du même tableau :
Articles applicables
Dans leur rédaction résultant de
L. 211-1
l'ordonnance n° 2016-520 du 28 avril 2016
L. 211-2
l'ordonnance n° 2017-1432 du 4 octobre 2017
L. 211-3 et L. 211-4
l'ordonnance n° 2024-936 du 15 octobre 2024
L. 211-5
la loi n° 2019-486 du 22 mai 2019
L. 211-6
l'ordonnance n° 2009-15 du 8 janvier 2009
L. 211-7
la loi n° 2025-391 du 30 avril 2025
L. 211-8
l'ordonnance n° 2009-15 du 8 janvier 2009
L. 211-9
l'ordonnance n° 2016-827 du 23 juin 2016
L. 211-10
la loi n° 2013-672 du 26 juillet 2013
L. 211-11
l'ordonnance n° 2009-15 du 8 janvier 2009
L. 211-12
l'ordonnance n° 2011-1895 du 19 décembre 2011
L. 211-13
l'ordonnance n° 2009-15 du 8 janvier 2009
L. 211-14
l'ordonnance n° 2013-676 du 25 juillet 2013
L. 211-15 à L. 211-17
l'ordonnance n° 2024-936 du 15 octobre 2024
L. 211-17-1
l'ordonnance n° 2015-1686 du 17 décembre 2015
L. 211-18
l'ordonnance n° 2009-15 du 8 janvier 2009
L. 211-19
l'ordonnance n° 2015-1686 du 17 décembre 2015
L. 211-20
l'ordonnance n° 2024-936 du 15 octobre 2024
L. 211-21 et L. 211-22
l'ordonnance n° 2009-15 du 8 janvier 2009
L. 211-24 et L. 211-26
le décret n° 2020-1732 du 29 décembre 2020
L. 211-27
l'ordonnance n° 2017-1432 du 4 octobre 2017
L. 211-28 à L. 211-33
l'ordonnance n° 2009-15 du 8 janvier 2009
L. 211-34
l'ordonnance n° 2013-544 du 27 juin 2013
L. 211-35
l'ordonnance n° 2009-15 du 8 janvier 2009
L. 211-36
la loi n° 2019-486 du 22 mai 2019
L. 211-36-1
la loi n° 2016-1691 du 9 décembre 2016
L. 211-37
l'ordonnance n° 2009-15 du 8 janvier 2009
L. 211-38
la loi n° 2025-391 du 30 avril 2025
L. 211-38-1
la loi n° 2016-1691 du 9 décembre 2016
L. 211-39
l'ordonnance n° 2009-15 du 8 janvier 2009
L. 211-40
l'ordonnance n° 2025-230 du 12 mars 2025
L. 211-40-1
la loi n° 2018-287 du 20 avril 2018
L. 211-41
l'ordonnance n° 2009 15 du 8 janvier 2009
II. - Pour l'application du I :
1° Les références aux règlements (UE) n° 648/2012 du Parlement européen et du Conseil du 4 juillet 2012, n° 909/2014 du Parlement européen et du Conseil du 23 juillet 2014 et 2022/858 du Parlement européen et du Conseil du 30 mai 2022 sont remplacées par les références aux articles L. 712-7 et L. 712-9 ;
2° Les références au règlement (UE) n° 236/2012 du 14 mars 2012 ne sont pas applicables ;
3° A l'article L. 211-2, les valeurs mobilières au sens du deuxième alinéa de l'article L. 228-1 du code de commerce sont des titres financiers, au sens de l'article L. 211-1, qui confèrent des droits identiques par catégorie ;
3° bis (Abrogé) ;
4° Aux articles L. 211-22 et L. 211-28, les références au paiement d'un intérêt ou d'un dividende soumis à des dispositions spécifiques en matière fiscale, sont remplacées par les références au paiement d'un intérêt ou d'un dividende soumis à des dispositions fiscales spécifiques, en vigueur localement et ayant le même effet ;
5° A l'article L. 211-35, les mots : de l'article 1965 du code civil sont remplacés par les mots : d'une dette du jeu ou du paiement d'un pari.
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Code monétaire et financier - Article L742-1
Partie législative - Dispositions relatives à l'outre-mer - CONDITIONS D'APPLICATION EN OUTRE-MER DES DISPOSITIONS DU LIVRE II RELATIF AUX PRODUITS - DISPOSITIONS PARTICULIÈRES À LA NOUVELLE CALÉDONIE - Instruments financiers - Définitions et règles générales
I. - Sont applicables en Nouvelle-Calédonie, sous réserve des dispositions prévues au II, les dispositions des articles mentionnés dans la colonne de gauche du tableau ci-après, dans leur rédaction indiquée dans la colonne de droite du même tableau :
Articles applicables
Dans leur rédaction résultant de
L. 211-1
l'ordonnance n° 2016-520 du 28 avril 2016
L. 211-2
l'ordonnance n° 2017-1432 du 4 octobre 2017
L. 211-3 et L. 211-4
l'ordonnance n° 2024-936 du 15 octobre 2024
L. 211-5
la loi n° 2019-486 du 22 mai 2019
L. 211-6
l'ordonnance n° 2009-15 du 8 janvier 2009
L. 211-7
la loi n° 2025-391 du 30 avril 2025
L. 211-8
l'ordonnance n° 2009-15 du 8 janvier 2009
L. 211-9
l'ordonnance n° 2016-827 du 23 juin 2016
L. 211-10
la loi n° 2013-672 du 26 juillet 2013
L. 211-11
l'ordonnance n° 2009-15 du 8 janvier 2009
L. 211-12
l'ordonnance n° 2011-1895 du 19 décembre 2011
L. 211-13
l'ordonnance n° 2009-15 du 8 janvier 2009
L. 211-14
l'ordonnance n° 2013-676 du 25 juillet 2013
L. 211-15 à L. 211-17
l'ordonnance n° 2024-936 du 15 octobre 2024
L. 211-17-1
l'ordonnance n° 2015-1686 du 17 décembre 2015
L. 211-18
l'ordonnance n° 2009-15 du 8 janvier 2009
L. 211-19
l'ordonnance n° 2015-1686 du 17 décembre 2015
L. 211-20
l'ordonnance n° 2024-936 du 15 octobre 2024
L. 211-21 et L. 211-22
l'ordonnance n° 2009-15 du 8 janvier 2009
L. 211-24 et L. 211-26
le décret n° 2020-1732 du 29 décembre 2020
L. 211-27
l'ordonnance n° 2017-1432 du 4 octobre 2017
L. 211-28 à L. 211-33
l'ordonnance n° 2009-15 du 8 janvier 2009
L. 211-34
l'ordonnance n° 2013-544 du 27 juin 2013
L. 211-35
l'ordonnance n° 2009-15 du 8 janvier 2009
L. 211-36
la loi n° 2019-486 du 22 mai 2019
L. 211-36-1
la loi n° 2016-1691 du 9 décembre 2016
L. 211-37
l'ordonnance n° 2009-15 du 8 janvier 2009
L. 211-38
la loi n° 2025-391 du 30 avril 2025
L. 211-38-1
la loi n° 2016-1691 du 9 décembre 2016
L. 211-39
l'ordonnance n° 2009-15 du 8 janvier 2009
L. 211-40
l'ordonnance n° 2025-230 du 12 mars 2025
L. 211-40-1
la loi n° 2018-287 du 20 avril 2018
L. 211-41
l'ordonnance n° 2009 15 du 8 janvier 2009
II. - Pour l'application du I :
1° Les références aux règlements (UE) n° 648/2012 du Parlement européen et du Conseil du 4 juillet 2012, n° 909/2014 du Parlement européen et du Conseil du 23 juillet 2014 et 2022/858 du Parlement européen et du Conseil du 30 mai 2022 sont remplacées par les références aux articles L. 712-7 et L. 712-9 ;
2° Les références au règlement (UE) n° 236/2012 du 14 mars 2012 ne sont pas applicables ;
3° A l'article L. 211-2, les valeurs mobilières au sens du deuxième alinéa de l'article L. 228-1 du code de commerce sont des titres financiers, au sens de l'article L. 211-1, qui confèrent des droits identiques par catégorie ;
3° bis (Abrogé) ;
4° Aux articles L. 211-22 et L. 211-28, les références au paiement d'un intérêt ou d'un dividende soumis à des dispositions spécifiques en matière fiscale, sont remplacées par les références au paiement d'un intérêt ou d'un dividende soumis à des dispositions fiscales spécifiques, en vigueur localement et ayant le même effet ;
5° A l'article L. 211-35, les mots : de l'article 1965 du code civil sont remplacés par les mots : d'une dette du jeu ou du paiement d'un pari.
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LEGIARTI000038876694_0
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LEGIARTI000038876694
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie réglementaire - Cinquième partie : L'emploi - Livre IV : Le demandeur d'emploi - Titre II : Indemnisation des travailleurs involontairement privés d'emploi - Titre II : Indemnisation des travailleurs privés d'emploi - Chapitre IV : Régimes particuliers - Section 4 : Allocation des travailleurs indépendants - Sous-section 1 : Conditions d'attribution
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R5424-73
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2019-11-01
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2999-01-01
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Conformément à l’article 8 du décret n° 2019-796 du 26 juillet 2019, ces dispositions sont applicables aux travailleurs indépendants dont l'entreprise fait l'objet d'un jugement d'ouverture de liquidation judiciaire ou d'une procédure de redressement judiciaire, prononcé ou engagée conformément à l'article L. 5424-25 à compter du 1er novembre 2019.
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Les droits à l'allocation des travailleurs indépendants sont ouverts à compter de la fin d'activité non salariée, qui doit se situer dans un délai de 12 mois précédant la veille de l'inscription comme demandeur d'emploi ou, le cas échéant, le premier jour du mois au cours duquel la demande d'allocation a été déposée.
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Code du travail - Article R5424-73
Partie réglementaire - L'emploi - Le demandeur d'emploi - Indemnisation des travailleurs involontairement privés d'emploi - Indemnisation des travailleurs privés d'emploi - Régimes particuliers - Allocation des travailleurs indépendants - Conditions d'attribution
Les droits à l'allocation des travailleurs indépendants sont ouverts à compter de la fin d'activité non salariée, qui doit se situer dans un délai de 12 mois précédant la veille de l'inscription comme demandeur d'emploi ou, le cas échéant, le premier jour du mois au cours duquel la demande d'allocation a été déposée.
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LEGIARTI000024280526_0
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LEGIARTI000024280526
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie réglementaire - Deuxième partie : Les relations collectives de travail
- Livre Ier : Les syndicats professionnels - Titre II : Représentativité syndicale - Chapitre II : Syndicats représentatifs - Section 3 : Mesure de l'audience des organisations syndicales concernant les entreprises de moins de onze salariés
- Sous-section 6 : Modalités de vote
- Paragraphe 4 : Vote par correspondance
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R2122-76
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2011-07-01
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2999-01-01
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Le centre de traitement ne peut accepter comme vote émis par correspondance aucun pli autre que les plis officiels portant la mention " Vote par correspondance ” remis par le prestataire en charge de l'acheminement postal, agissant pour le compte du ministre chargé du travail. Les plis d'une autre nature sont conservés sans être ouverts par le centre de traitement en vue de leur annexion au procès-verbal de dépouillement du scrutin.
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Code du travail - Article R2122-76
Partie réglementaire - Les relations collectives de travail - Les syndicats professionnels - Représentativité syndicale - Syndicats représentatifs - Mesure de l'audience des organisations syndicales concernant les entreprises de moins de onze salariés - Modalités de vote - Vote par correspondance
Le centre de traitement ne peut accepter comme vote émis par correspondance aucun pli autre que les plis officiels portant la mention " Vote par correspondance ” remis par le prestataire en charge de l'acheminement postal, agissant pour le compte du ministre chargé du travail. Les plis d'une autre nature sont conservés sans être ouverts par le centre de traitement en vue de leur annexion au procès-verbal de dépouillement du scrutin.
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LEGIARTI000045309483_0
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LEGIARTI000045309483
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Article
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DECRET
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MINISTERE DE L'EDUCATION NATIONALE
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VIGUEUR
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Décret n°90-255 du 22 mars 1990
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Décret no 90-255 du 22 mars 1990 fixant la liste des diplômes permettant de faire usage professionnel du titre de psychologue
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Annexes
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Annexe
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2022-03-07
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2999-01-01
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1. Diplôme de psychopathologie de l'université d'Aix-Marseille, puis de l'université Aix-Marseille-I ;
2. Diplôme de psychopathologie de l'université de Besançon ;
3. Diplôme d'études psychologiques et psychosociales, option Psychopathologie, de l'université de Bordeaux, puis de l'université Bordeaux-III, puis de l'université Bordeaux-II ;
4. Diplôme de psychologie pratique, option Psychopathologie ou option Psychopédagogie médico-sociale, de l'université de Clermont-Ferrand, puis de l'université Clermont-Ferrand-II ;
5. Diplôme de psychopathologie de l'université de Dijon ;
6. Diplôme de psychopathologie de l'université de Grenoble, puis de l'université Grenoble-II ;
7. Certificat d'études supérieures de psychologie pathologique de l'université Lille-III ;
8. Diplôme de psychologie pratique, option Psychopathologie ou option Psychopédagogie médico-sociale, de l'université de Lyon, puis de l'université Lyon-II ;
9. Diplôme de psychopathologie et de psychologie appliquée de l'université de Montpellier, puis de l'université Montpellier-III ;
10. Diplôme de psychologie pathologique de l'université de Nancy, puis de l'université Nancy-II ;
11. Diplôme de psychologie pathologique de l'institut de psychologie de l'université Paris Cité ;
12. Diplôme de psychopédagogie spéciale de l'institut de psychologie de l'université Paris Cité ;
13. Diplôme de psychologie pathologique de l'université Paris-V ;
14. Diplôme de psychologue clinicien de l'université Paris-VII ;
15. Certificat d'études supérieures de psychologie pathologique de l'université Paris-X ;
16. Diplôme de psychopathologie de l'université de Rennes, puis de l'université Rennes-II ;
17. Certificat d'études supérieures de psychologie pathologique de l'université de Strasbourg, puis de l'université Strasbourg-I ;
18. Diplôme de psychopathologie de l'université de Toulouse, puis de l'université Toulouse-II ;
19. Diplôme de psychologue-praticien délivré jusqu'au 31 décembre 1969 par l'Institut catholique de Paris ;
20. Diplôme de psychopathologie clinique délivré depuis le 1er janvier 1970 par l'Institut catholique de Paris.
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Décret no 90-255 du 22 mars 1990 fixant la liste des diplômes permettant de faire usage professionnel du titre de psychologue - Article Annexe
Annexes
1. Diplôme de psychopathologie de l'université d'Aix-Marseille, puis de l'université Aix-Marseille-I ;
2. Diplôme de psychopathologie de l'université de Besançon ;
3. Diplôme d'études psychologiques et psychosociales, option Psychopathologie, de l'université de Bordeaux, puis de l'université Bordeaux-III, puis de l'université Bordeaux-II ;
4. Diplôme de psychologie pratique, option Psychopathologie ou option Psychopédagogie médico-sociale, de l'université de Clermont-Ferrand, puis de l'université Clermont-Ferrand-II ;
5. Diplôme de psychopathologie de l'université de Dijon ;
6. Diplôme de psychopathologie de l'université de Grenoble, puis de l'université Grenoble-II ;
7. Certificat d'études supérieures de psychologie pathologique de l'université Lille-III ;
8. Diplôme de psychologie pratique, option Psychopathologie ou option Psychopédagogie médico-sociale, de l'université de Lyon, puis de l'université Lyon-II ;
9. Diplôme de psychopathologie et de psychologie appliquée de l'université de Montpellier, puis de l'université Montpellier-III ;
10. Diplôme de psychologie pathologique de l'université de Nancy, puis de l'université Nancy-II ;
11. Diplôme de psychologie pathologique de l'institut de psychologie de l'université Paris Cité ;
12. Diplôme de psychopédagogie spéciale de l'institut de psychologie de l'université Paris Cité ;
13. Diplôme de psychologie pathologique de l'université Paris-V ;
14. Diplôme de psychologue clinicien de l'université Paris-VII ;
15. Certificat d'études supérieures de psychologie pathologique de l'université Paris-X ;
16. Diplôme de psychopathologie de l'université de Rennes, puis de l'université Rennes-II ;
17. Certificat d'études supérieures de psychologie pathologique de l'université de Strasbourg, puis de l'université Strasbourg-I ;
18. Diplôme de psychopathologie de l'université de Toulouse, puis de l'université Toulouse-II ;
19. Diplôme de psychologue-praticien délivré jusqu'au 31 décembre 1969 par l'Institut catholique de Paris ;
20. Diplôme de psychopathologie clinique délivré depuis le 1er janvier 1970 par l'Institut catholique de Paris.
|
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LEGIARTI000022875815_0
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LEGIARTI000022875815
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Article
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CODE
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VIGUEUR
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Code de la santé publique
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Code de la santé publique
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Partie réglementaire - Sixième partie : Etablissements et services de santé - Livre Ier : Etablissements de santé - Titre V : Personnels médicaux et pharmaceutiques - Chapitre II : Praticiens hospitaliers - Section 1 : Statut des praticiens hospitaliers à temps plein - Section 1 : Statut des praticiens hospitaliers - Sous-section 8 : Discipline.
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R6152-74
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2010-10-01
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2999-01-01
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Les sanctions disciplinaires applicables aux praticiens relevant de la présente section sont :
1° L'avertissement ;
2° Le blâme ;
3° La réduction d'ancienneté de services entraînant une réduction des émoluments ;
4° La suspension pour une durée ne pouvant excéder six mois avec suppression totale ou partielle des émoluments ;
5° La mutation d'office ;
6° La révocation.
L'avertissement et le blâme sont prononcés par le directeur général du Centre national de gestion, après avis du directeur général de l'agence régionale de santé, du directeur de l'établissement, de la commission médicale d'établissement siégeant en formation restreinte aux praticiens titulaires, et après communication de son dossier à l'intéressé. Ces décisions sont motivées.
L'avis de la commission médicale d'établissement est rendu dans un délai de deux mois à compter de la date de sa convocation. A défaut, l'avis motivé du président de la commission médicale d'établissement est alors seul requis.
Les autres sanctions sont prononcées par décision motivée du directeur général du Centre national de gestion après avis du conseil de discipline.
La composition et les modalités de fonctionnement du conseil de discipline sont fixées par la sous-section 2 de la section 3 du présent chapitre.
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Code de la santé publique - Article R6152-74
Partie réglementaire - Etablissements et services de santé - Etablissements de santé - Personnels médicaux et pharmaceutiques - Praticiens hospitaliers - Statut des praticiens hospitaliers à temps plein - Statut des praticiens hospitaliers - Discipline.
Les sanctions disciplinaires applicables aux praticiens relevant de la présente section sont :
1° L'avertissement ;
2° Le blâme ;
3° La réduction d'ancienneté de services entraînant une réduction des émoluments ;
4° La suspension pour une durée ne pouvant excéder six mois avec suppression totale ou partielle des émoluments ;
5° La mutation d'office ;
6° La révocation.
L'avertissement et le blâme sont prononcés par le directeur général du Centre national de gestion, après avis du directeur général de l'agence régionale de santé, du directeur de l'établissement, de la commission médicale d'établissement siégeant en formation restreinte aux praticiens titulaires, et après communication de son dossier à l'intéressé. Ces décisions sont motivées.
L'avis de la commission médicale d'établissement est rendu dans un délai de deux mois à compter de la date de sa convocation. A défaut, l'avis motivé du président de la commission médicale d'établissement est alors seul requis.
Les autres sanctions sont prononcées par décision motivée du directeur général du Centre national de gestion après avis du conseil de discipline.
La composition et les modalités de fonctionnement du conseil de discipline sont fixées par la sous-section 2 de la section 3 du présent chapitre.
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LEGIARTI000051557526_0
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LEGIARTI000051557526
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre VI : Les institutions en matière bancaire et financière - Titre II : L'Autorité des marchés financiers - Chapitre unique : L'Autorité des marchés financiers - Section 4 : Pouvoirs - Sous-section 7 : Autres compétences
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L621-18-6
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2025-05-03
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2999-01-01
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L'Autorité des marchés financiers est compétente pour l'application des dispositions des articles 4, 5, 7 bis, 9 et 10 du règlement (UE) n° 648/2012 du Parlement européen et du Conseil du 4 juillet 2012 sur les produits dérivés de gré à gré, les contreparties centrales et les référentiels centraux s'agissant du respect des obligations de compensation, de notification et de déclaration par les contreparties à un contrat financier au sens dudit règlement.
La notification des transactions intragroupe prévue aux articles 4 et 11 du même règlement s'effectue auprès de l'Autorité des marchés financiers lorsque la contrepartie est une contrepartie non financière ou une personne ou entité mentionnée aux 7° et 7° bis du II de l'article L. 621-9.
L'Autorité des marchés financiers est également compétente pour le contrôle des dispositions de l'article 11 dudit règlement pour les personnes ou entités mentionnées aux mêmes 7° et 7° bis du II de l'article L. 621-9, les contreparties non financières ainsi que les prestataires de services d'investissement dans les conditions prévues aux articles L. 621-9 et L. 533-10.
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Code monétaire et financier - Article L621-18-6
Partie législative - Les institutions en matière bancaire et financière - L'Autorité des marchés financiers - L'Autorité des marchés financiers - Pouvoirs - Autres compétences
L'Autorité des marchés financiers est compétente pour l'application des dispositions des articles 4, 5, 7 bis, 9 et 10 du règlement (UE) n° 648/2012 du Parlement européen et du Conseil du 4 juillet 2012 sur les produits dérivés de gré à gré, les contreparties centrales et les référentiels centraux s'agissant du respect des obligations de compensation, de notification et de déclaration par les contreparties à un contrat financier au sens dudit règlement.
La notification des transactions intragroupe prévue aux articles 4 et 11 du même règlement s'effectue auprès de l'Autorité des marchés financiers lorsque la contrepartie est une contrepartie non financière ou une personne ou entité mentionnée aux 7° et 7° bis du II de l'article L. 621-9.
L'Autorité des marchés financiers est également compétente pour le contrôle des dispositions de l'article 11 dudit règlement pour les personnes ou entités mentionnées aux mêmes 7° et 7° bis du II de l'article L. 621-9, les contreparties non financières ainsi que les prestataires de services d'investissement dans les conditions prévues aux articles L. 621-9 et L. 533-10.
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LEGIARTI000024280587_0
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LEGIARTI000024280587
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie réglementaire - Deuxième partie : Les relations collectives de travail
- Livre Ier : Les syndicats professionnels - Titre II : Représentativité syndicale - Chapitre II : Syndicats représentatifs - Section 3 : Mesure de l'audience des organisations syndicales concernant les entreprises de moins de onze salariés
- Sous-section 8 : Contestations relatives au déroulement des opérations électorales
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R2122-98
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2011-07-01
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2999-01-01
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Les délais fixés par les articles R. 2122-93, R. 2122-96 et R. 2122-97 sont calculés et prorogés conformément aux dispositions des articles 640,641 et 642 du code de procédure civile.
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Code du travail - Article R2122-98
Les délais fixés par les articles R. 2122-93, R. 2122-96 et R. 2122-97 sont calculés et prorogés conformément aux dispositions des articles 640,641 et 642 du code de procédure civile.
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LEGIARTI000043331819_0
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LEGIARTI000043331819
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Article
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CODE
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VIGUEUR
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Code du sport
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Code du sport
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Partie réglementaire - Décrets - LIVRE II : ACTEURS DU SPORT
- TITRE Ier : FORMATION ET ENSEIGNEMENT - Chapitre II : Enseignement du sport contre rémunération - Section 1 : Obligation de qualification - Sous-section 2 : Diplômes, titres à finalité professionnelle ou certificats de qualification - Paragraphe 3 : Diplôme d'Etat de la jeunesse, de l'éducation populaire et du sport
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D212-36
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2021-04-05
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2999-01-01
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Le diplôme d'Etat de la jeunesse, de l'éducation populaire et du sport est délivré au titre de la spécialité " perfectionnement sportif " ou de la spécialité " animation socio-éducative ou culturelle " et d'une mention disciplinaire, pluridisciplinaire ou liée à un champ particulier. Dans le cas d'une mention pluridisciplinaire, il peut être délivré au titre d'une option.
Chaque mention est créée, après avis de la commission professionnelle consultative “sport et animation” dans les conditions mentionnées à l'article R. 6113-21 du code du travail :
- soit par un arrêté du ministre chargé des sports ;
- soit par un arrêté des ministres chargés de la jeunesse et des sports ;
- soit dans le cas de la création commune d'une mention, par un arrêté des ministres intéressés.
Ces arrêtés définissent le référentiel professionnel et le référentiel de certification dont la composition est fixée à l'article D. 212-38. Ils peuvent fixer des mesures d'équivalence ou de dispense.
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Code du sport - Article D212-36
Partie réglementaire - Décrets - ACTEURS DU SPORT - FORMATION ET ENSEIGNEMENT - Enseignement du sport contre rémunération - Obligation de qualification - Diplômes, titres à finalité professionnelle ou certificats de qualification - Diplôme d'Etat de la jeunesse, de l'éducation populaire et du sport
Le diplôme d'Etat de la jeunesse, de l'éducation populaire et du sport est délivré au titre de la spécialité " perfectionnement sportif " ou de la spécialité " animation socio-éducative ou culturelle " et d'une mention disciplinaire, pluridisciplinaire ou liée à un champ particulier. Dans le cas d'une mention pluridisciplinaire, il peut être délivré au titre d'une option.
Chaque mention est créée, après avis de la commission professionnelle consultative “sport et animation” dans les conditions mentionnées à l'article R. 6113-21 du code du travail :
- soit par un arrêté du ministre chargé des sports ;
- soit par un arrêté des ministres chargés de la jeunesse et des sports ;
- soit dans le cas de la création commune d'une mention, par un arrêté des ministres intéressés.
Ces arrêtés définissent le référentiel professionnel et le référentiel de certification dont la composition est fixée à l'article D. 212-38. Ils peuvent fixer des mesures d'équivalence ou de dispense.
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LEGIARTI000022875811_0
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LEGIARTI000022875811
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Article
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CODE
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VIGUEUR
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Code de la santé publique
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Code de la santé publique
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Partie réglementaire - Sixième partie : Etablissements et services de santé - Livre Ier : Etablissements de santé - Titre V : Personnels médicaux et pharmaceutiques - Chapitre II : Praticiens hospitaliers - Section 1 : Statut des praticiens hospitaliers à temps plein - Section 1 : Statut des praticiens hospitaliers - Sous-section 8 : Discipline.
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R6152-78
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2010-10-01
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2999-01-01
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Le praticien qui a fait l'objet d'une sanction disciplinaire et qui n'a pas été exclu des cadres peut, après cinq années, s'il s'agit d'un avertissement ou d'un blâme, et dix années, s'il s'agit de toute autre peine, demander au directeur général du Centre national de gestion qu'aucune trace de la sanction ne subsiste à son dossier.
Le directeur général du Centre national de gestion statue après avis du conseil de discipline lorsque celui-ci a été consulté préalablement à la sanction.
S'il y a lieu le dossier du praticien est reconstitué sous le contrôle du conseil de discipline.
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Code de la santé publique - Article R6152-78
Partie réglementaire - Etablissements et services de santé - Etablissements de santé - Personnels médicaux et pharmaceutiques - Praticiens hospitaliers - Statut des praticiens hospitaliers à temps plein - Statut des praticiens hospitaliers - Discipline.
Le praticien qui a fait l'objet d'une sanction disciplinaire et qui n'a pas été exclu des cadres peut, après cinq années, s'il s'agit d'un avertissement ou d'un blâme, et dix années, s'il s'agit de toute autre peine, demander au directeur général du Centre national de gestion qu'aucune trace de la sanction ne subsiste à son dossier.
Le directeur général du Centre national de gestion statue après avis du conseil de discipline lorsque celui-ci a été consulté préalablement à la sanction.
S'il y a lieu le dossier du praticien est reconstitué sous le contrôle du conseil de discipline.
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LEGIARTI000051557588_0
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LEGIARTI000051557588
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Article
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CODE
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VIGUEUR
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Code monétaire et financier
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Code monétaire et financier
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Partie législative - Livre II : Les produits - Titre Ier : Les instruments financiers - Chapitre IV : Placements collectifs - Section 2 : FIA - Sous-section 2 : Fonds ouverts à des investisseurs non professionnels - Paragraphe 5 : Sociétés d'investissement à capital fixe - Sous-section 1 : Dispositions générales - Sous-paragraphe 1 : Dispositions communes
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L214-133
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2025-05-03
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2999-01-01
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Par dérogation aux dispositions des titres II et III du livre II et du titre II du livre VIII du code de commerce :
1° Les actions sont intégralement libérées dès leur émission ;
2° Tout apport en nature est apprécié sous sa responsabilité par le commissaire aux comptes ;
3° L'assemblée générale peut se tenir sans qu'un quorum soit requis ;
4° Une même personne physique peut exercer simultanément cinq mandats de directeur général, de membre du directoire ou de directeur général unique de SICAF. Les mandats de directeur général, de membre du directoire ou de directeur général unique exercés au sein d'une SICAF ne sont pas pris en compte pour les règles de cumul mentionnées au livre II du code de commerce ;
5° Les mandats de représentant permanent d'une personne morale au conseil d'administration ou de surveillance d'une SICAF ne sont pas pris en compte pour l'application des dispositions des articles L. 225-21, L. 225-77 et L. 225-94-1 du code de commerce ;
6° Le commissaire aux comptes est désigné pour six exercices par le conseil d'administration ou le directoire, après accord de l'Autorité des marchés financiers. Les dispositions de l'article L. 821-45 du code de commerce sont applicables à la SICAF relevant des dispositions du II de l'article L. 821-2 du même code. La désignation d'un commissaire aux comptes suppléant n'est pas requise. Le commissaire aux comptes est délié du secret professionnel à l'égard de l'Autorité des marchés financiers.
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Code monétaire et financier - Article L214-133
Partie législative - Les produits - Les instruments financiers - Placements collectifs - Fonds ouverts à des investisseurs non professionnels - Sociétés d'investissement à capital fixe - Dispositions générales - Dispositions communes
Par dérogation aux dispositions des titres II et III du livre II et du titre II du livre VIII du code de commerce :
1° Les actions sont intégralement libérées dès leur émission ;
2° Tout apport en nature est apprécié sous sa responsabilité par le commissaire aux comptes ;
3° L'assemblée générale peut se tenir sans qu'un quorum soit requis ;
4° Une même personne physique peut exercer simultanément cinq mandats de directeur général, de membre du directoire ou de directeur général unique de SICAF. Les mandats de directeur général, de membre du directoire ou de directeur général unique exercés au sein d'une SICAF ne sont pas pris en compte pour les règles de cumul mentionnées au livre II du code de commerce ;
5° Les mandats de représentant permanent d'une personne morale au conseil d'administration ou de surveillance d'une SICAF ne sont pas pris en compte pour l'application des dispositions des articles L. 225-21, L. 225-77 et L. 225-94-1 du code de commerce ;
6° Le commissaire aux comptes est désigné pour six exercices par le conseil d'administration ou le directoire, après accord de l'Autorité des marchés financiers. Les dispositions de l'article L. 821-45 du code de commerce sont applicables à la SICAF relevant des dispositions du II de l'article L. 821-2 du même code. La désignation d'un commissaire aux comptes suppléant n'est pas requise. Le commissaire aux comptes est délié du secret professionnel à l'égard de l'Autorité des marchés financiers.
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LEGIARTI000038876686_0
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LEGIARTI000038876686
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie réglementaire - Cinquième partie : L'emploi - Livre IV : Le demandeur d'emploi - Titre II : Indemnisation des travailleurs involontairement privés d'emploi - Titre II : Indemnisation des travailleurs privés d'emploi - Chapitre IV : Régimes particuliers - Section 4 : Allocation des travailleurs indépendants - Sous-section 1 : Conditions d'attribution
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R5424-72
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2019-11-01
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2999-01-01
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Conformément à l’article 8 du décret n° 2019-796 du 26 juillet 2019, ces dispositions sont applicables aux travailleurs indépendants dont l'entreprise fait l'objet d'un jugement d'ouverture de liquidation judiciaire ou d'une procédure de redressement judiciaire, prononcé ou engagée conformément à l'article L. 5424-25 à compter du 1er novembre 2019.
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Les ressources prises en considération pour l'application du plafond prévu au 4° de l'article R. 5424-70 comprennent l'ensemble des revenus de l'intéressé déclarés à l'administration fiscale pour le calcul de l'impôt sur le revenu, à l'exception des revenus déclarés au titre de l'activité non salariée mentionnée à l'article L. 5424-25, de l'allocation d'assurance et de l'allocation de solidarité spécifique, et avant déduction des divers abattements.
Le montant pris en compte est le douzième du total des ressources perçues pendant les douze mois précédant celui au cours duquel la demande a été présentée.
Les ressources perçues hors du territoire national sont prises en compte comme si elles avaient été perçues sur ce territoire.
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Code du travail - Article R5424-72
Partie réglementaire - L'emploi - Le demandeur d'emploi - Indemnisation des travailleurs involontairement privés d'emploi - Indemnisation des travailleurs privés d'emploi - Régimes particuliers - Allocation des travailleurs indépendants - Conditions d'attribution
Les ressources prises en considération pour l'application du plafond prévu au 4° de l'article R. 5424-70 comprennent l'ensemble des revenus de l'intéressé déclarés à l'administration fiscale pour le calcul de l'impôt sur le revenu, à l'exception des revenus déclarés au titre de l'activité non salariée mentionnée à l'article L. 5424-25, de l'allocation d'assurance et de l'allocation de solidarité spécifique, et avant déduction des divers abattements.
Le montant pris en compte est le douzième du total des ressources perçues pendant les douze mois précédant celui au cours duquel la demande a été présentée.
Les ressources perçues hors du territoire national sont prises en compte comme si elles avaient été perçues sur ce territoire.
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LEGIARTI000024280544_0
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LEGIARTI000024280544
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Article
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CODE
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VIGUEUR
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Code du travail
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Code du travail
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Partie réglementaire - Deuxième partie : Les relations collectives de travail
- Livre Ier : Les syndicats professionnels - Titre II : Représentativité syndicale - Chapitre II : Syndicats représentatifs - Section 3 : Mesure de l'audience des organisations syndicales concernant les entreprises de moins de onze salariés
- Sous-section 7 : Dépouillement
- Paragraphe 2 : Dépouillement du vote par correspondance
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R2122-82
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2011-07-01
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2999-01-01
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Le fichier des électeurs contient les données relatives à la liste électorale établie en application de l'article L. 2122-10-4. Ce fichier permet de recenser les électeurs ayant pris part au scrutin.
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Code du travail - Article R2122-82
Le fichier des électeurs contient les données relatives à la liste électorale établie en application de l'article L. 2122-10-4. Ce fichier permet de recenser les électeurs ayant pris part au scrutin.
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