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The AMF Enforcement Committee fines a French tied agent of a Cypriot investment services provider and its manager for breaches of their professional obligations

AI Analysis

Executive Summary

The AMF Enforcement Committee fined France Safe Media (FSM), a French tied agent of Cypriot provider VPR Safe Financial Group Limited (Alvexo platform), โ‚ฌ300,000 and imposed a 10-year ban from tied agent activities and reception/transmission of orders (RTO) services, while its manager Lior Mattouk received a โ‚ฌ100,000 fine and similar 10-year ban, for breaches occurring January 2019โ€“September 2021. This decision, dated 10 November 2023 and upheld by Conseil d'Etat on 16 June 2025, underscores AMF's strict enforcement of professional obligations for tied agents marketing high-risk CFDs, emphasizing staff qualifications, client assessments, risk warnings, disclosures, and diligence. It matters for cross-border intermediaries as it highlights personal liability for managers and the finality of sanctions post-appeal, signaling heightened scrutiny on CFD promotion and tied agent compliance in France. #

What Changed

This is an enforcement action, not a new regulation, but it clarifies and reinforces existing requirements under French rules implementing MiFID II for tied agents: - Staff qualifications: Tied agents must verify sales staff have minimum qualifications and knowledge; post-hoc inadequate tests do not suffice. - Client knowledge/experience assessment: Questionnaires must be robust, with appropriate scoring; account managers cannot interfere (e.g., by prompting answer changes). - Promotional communications: CFD ads must include prominent risk warnings; bans on promoting non-limited-risk CFD accounts must be followed; banners lacking warnings violate rules. - Status disclosure: Clients/potential clients must be informed of tied agent status and principal's identity upon first contact. - Due ca

What You Need To Do

  • Conduct gap analysis
  • Enhance manager oversight
  • Audit CFD marketing
  • Training programs
  • Cross-border review
  • Appeal monitoring

Key Dates

10 November 2023 - AMF Enforcement Committee decision SAN-2023-15 imposing fines and bans.
14 November 2023 - French version of press release published.
16 June 2025 - Conseil d'Etat judgment (nยฐ 490826) dismissing appeals by FSM and Mattouk, confirming sanctions and ordering โ‚ฌ4,000 costs to AMF.

Compliance Impact

Urgency: High โ€“ Though dated (2019โ€“2021 breaches), the 2025 appeal dismissal makes sanctions final, serving as a binding precedent for tied agents amid AMF's ongoing CFD enforcement wave (e.g., parallel fines on providers like CIC banks). It elevates personal risk for managers and signals intensified audits on client protection in high-risk products, critical for France-facing FX/CFD firms to avoi

Who is Affected

Tied agentsEU providers (e.g., Cypriot firms) marketing CFDs or high-risk products via RTO.Investment services providersAsset managersFX/CFD brokersAll firms

Summary

Sanctions & settlements Journalists The AMF Enforcement Committee fines a French tied agent of a Cypriot investment services provider and its manager for breaches of their professional obligations

Relevant Firm Types

Broker DealerWealth ManagerAll Firms
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