Knowledge Base
Describe the rules and responsibilities related to financial solicitation
Which products are prohibited from canvassing under Article L. 341-10 of the CMF?
Products prohibited from canvassing include miscellaneous assets referred to in Article L. 551-1, products whose maximum risk is unknown at the time of subscription, and financial instruments that have been offered to the public without an approved prospectus.
What is the duration of the additional reflection period for certain non-advisory investment service transactions?
An additional reflection period of forty-eight hours applies to certain non-advisory investment service transactions, in addition to the standard withdrawal period.
What is the criminal penalty for canvassing without authorisation under the CMF?
The criminal regime set out in Articles L. 353-1 to L. 353-4 of the CMF punishes canvassing without authorisation with penalties similar to those for fraud, namely five years' imprisonment and a 375,000 euro fine.
Categorize items by dragging them to the appropriate zones
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Principal responsibilities
Canvasser responsibilities
Responsibilities are shared between principals and canvassers. Principals are responsible for verifying good repute requirements, providing continuing professional development and ensuring ongoing supervision. Canvassers must present their canvassing card upon request during face-to-face canvassing.
Under Article L. 341-1 of the Code monétaire et financier, what is the definition of banking and financial canvassing?
The definition of banking and financial canvassing includes any unsolicited contact with a natural or legal person, by any means whatsoever, with a view to obtaining agreement on the execution of financial transactions. This also includes physically visiting individuals at their home, workplace or any location not intended for the marketing of financial products.
The withdrawal period for a canvassing contract is seven calendar days.
The withdrawal period is set at fourteen calendar days, as provided by Articles L. 341-14 to L. 341-16 of the CMF. This allows the client to cancel their commitment without justification or penalty during this period.
The canvassing card must be systematically presented during all face-to-face canvassing.
The canvassing card must be presented upon request during any face-to-face canvassing. It is not mandatory if the client does not request it.
Maximum duration of a mandate for financial canvassing
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The maximum duration of a mandate for financial canvassing is two years, renewable. This provision is set out in Article L. 341-3 of the Code monétaire et financier.