ANCDGP demands the abolition of laws and regulations

Philippe Roy Zelet ANCDGP
Philippe Loizelet, President of ANCDGP

In a letter sent to the Prime Minister at the end of January, ANCDGP called for the abolition of the enforcement order for securities company reform. The National Association of Certified Wealth Management Advisors specifically considers the latter “illegal” When “It goes against European and domestic law.”

The securities firm reform is scheduled to take effect on April 1, 2022, but the National Association of Certified Wealth Management Advisors opposes the Self-Regulatory Enforcement Ordinance. In a letter sent to the Prime Minister at the end of January (see bottom of article), ANCDGP tells Jean Castex “A Graceful Request to Abolish Decree No. 2021-1552 of December 1, 2021 on the Conditions for Applying Brokerage Reforms in Insurance Brokerage and Banking and Settlement Services”..

The association said that this decree “It is illegal in that it violates European law on the one hand and domestic law on the other.”, Can we read generous stuff? Therefore, regarding the management of compliance with reputable obligations, RC Pro subscriptions, and training by leading associations in the future, ANCDGP explains: “Article 12 of the DDA excludes this possibility.”..To support the argument, the association will add the decree “It violates the provisions of the January 20, 2016 Directive (EU) 2016/97 on insurance distribution and should be abolished as a result.”..

“We are afraid that if one of these associations decides to strike one of its members, there will be no delegation of civil servants and will only pay damages for robbing a colleague’s practice. It is considered unconstitutionally illegal because it must be done. Colleagues (Cass. Civ. 3.02.2016) “Explains Philip Royselett, President of the Association.

Freedom to provide services

Next, ANCDGP points out the difference between the obligation to participate in the system of practicing brokers established in France and the simple option of joining a practicing broker under French LPS. .. “During parliamentary debate, this provision was justified by the desire to combat the failure of certain LPS brokers and the correlated protection of consumers, but bankruptcy intermediaries are exempt from this obligation. The fact remains., Indicates the association.And the latter adds her generosity “Therefore, the purpose of consumer protection has not been achieved. […] The supposed device causes a breach of equality between the domestic broker and the broker exercising in the French LPS, which constitutes reverse discrimination against European law, decree n ° 2021-December 1, 2021. Justifies the necessary abolition of 1552...

In its legal justification, the association also argues that intermediaries are obliged to join the expert association. “Clearly disproportionate to the pursuit of purpose” And the attack on corporate freedom “excess”.

“The problem lies in the disclosure of the code by the insurer. The broker should be independent, but the volume and subscription needs that risk carriers demand to grant the code to intermediaries distorts practice. . “Then specify PhilippeLoizelet.

Contrary to freedom of association

ANCDGP further explains that the method of implementing self-regulation also violates the principles of freedom of association, equality before the law, and the principles of independence and equity. in the endIt considers the enforcement order “Contaminated in nothingness”..

“This letter is a summary of all our analyzes and is what seems to be a problem for us in the so-called brokerage self-regulatory law. The Prime Minister has two to respond to our graceful appeal. There is a month’s grace. Without a response from him, we need to appeal to the State Council for abuse of power, and to all interested parties and parliamentarians working on this text about our approach. Notified. Everyone knows what our questions are, and the sooner we resolve them, the sooner ANCDGP avoids QPC becoming a civilian party in litigation. can do.Closing the Philippe Loizelet