Marielle Cohen-Branche was appointed Mediator of the AMF from 16 November 2011.
Former Special Advisor at the Court of Cassation in charge of banking and finance law since March 2003 and for eight years, Marielle Cohen-Branche was also a member of the disciplinary committee of the AMF since November 2003. This mandate ended at the term of that of the Magistrate of the Court of Cassation in January 2011. She previously worked for 25 years as a bank lawyer and occupied the position of legal and contentious director of the Crédit Agricole Ile de France from 1993 to 2003. Marielle Cohen-Branche was also from 2003 to 2011 Member of the Banking Mediation responsible, under the authority of the Governor of the Bank of France, to ensure the independence of bank mediators.
What is the status of the Mediator of the AMF?
The Mediator reports directly to the President of the AMF for a period of three years renewable. He presents his annual activity report to the AMF before publication. This report is available on the website of the AMF. He relies on a team of experienced lawyers, led by François Denis du péage integrated into the Directorate for Relations with investors in the stock market regulator, an independent administrative authority.
What is the role of the Mediator of the AMF?
His role, statutory, is to favor amicable resolution of disputes brought to his knowledge in financial matters. This a free and confidential public service that requires, to be implemented and pursued, the agreement of both parties. Referral of the Mediator suspends the prescription of the legal action. The Mediation of the AMF so offers to the savers and the investors as well as the professional concerned an ultimate chance to solve amicably their dispute in the strictest confidentiality, and to preserve their relations. These rules are specified in a charter to which the parties submit themselves when requesting mediation.
Which situation can lead to mediation?
The Mediator can intervene within the framework of any dispute between an investor or a saver (natural or legal entity), a financial institution or a listed company concerning the functioning of financial markets, the lack of information and advice during the subscription of financial instruments, the execution of orders, the problems of management of portfolio or holding of account-preservation as well as the financial information.On the other hand, the Mediator of the AMF is not competent regarding taxes, life insurance and banking operations (overdraft charges, loans, overdrafts, etc.).Please note that the request for mediation requires, to be taken into account, a preliminary intitiative with the financial operator. Finally, the mediator cannot be requested if there is a pending litigation concerning the same facts.
How requesting the Mediator?
The Mediator of the AMF can be requested :
- PBy electronic forms : www.amf-france.org, column Mediator
- By mail :
Mme Marielle Cohen-Branche
Autorité des marchés financiers
17, place de la Bourse
75082 Paris Cedex 02
To know more about it:
Refer to the column Mediator of the web site of the AMF: www.amf-france.org