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General good rules

General good rules applicable to European institutions that carry out activities in France under the freedom of establishment or under the freedom to provide services.

Non exhaustive list of general good rules regarding banking activities in France

When the applicable law is the law of the State Party to the Agreement on the European Economic Area in which providers had their head offices, the carrying-on of banking and financial activities in France* by such providers is nevertheless governed by French provisions protecting the general good-rules, non-harmonised at European level, listed in the table below.

This list only includes the provisions of the French Monetary and Financial Code and of the French Consumer Code for which the ACPR is responsible for ensuring compliance. It is indicative and does not include other general good-rules, codified and not codified, including legal instruments, binding or soft law**, adopted by the ACPR, which govern pursuit of the activities concerned in France.

In the meantime, providers are required to keep informed of the provisions applicable to them***.

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* France should be understood as the territory of Metropolitan France and the territory of the six French outermost regions recognized by the UE under article 349 of the Treaty on the Functioning of the European Union - TFEU (Guadeloupe, French Guiana, Martinique, Mayotte, Réunion and Saint-Martin).

** In the area of marketing and costumer protection, also in anti-money laundering and antiterrorist financing, ACPR issues instructions and recommendations applicable to providers carrying on activities in France under the freedom of establishment and can thus be considered as general good-rules. Therefore, these bodies must periodically submit to the ACPR completed questionnaires, based on Instruction n° 2019-I-23 concerning a questionnaire on trading practices and customer protection and Instruction n° 2017-I-11 concerning information about preventing money laundering and financing of terrorism systems. The situation is however different for prudential instructions and recommendations for which the Home Authority is responsible.

*** Legal instruments, binding or soft law, adopted by the ACPR are available on its Official Register (https://acpr.banque-france.fr/page-sommaire/textes-de-reference). Other relevant provisions shall be published in the Journal Officiel of the French Republic and are otherwise available on the website Legifrance.

 

1. Credit institution (CI)

1.1 (CI) Freedom of establishement

1.1.1 (CI) Freedom of establishement (Branch)
1.1.2 (CI) Freedom of establishement (Payment Agent)
1.1.3 (CI) Freedom of establishement (E-money distributor)

 

1.1.1 (CI) Freedom of establishement (Branch)

Topic of the general good rule Identification of the general good rule (chapter / section)Hyperlink text

Provisions of the Monetary and Financial Code

The currency - Bank money instruments, except to rules applicable to other payment instruments and  to access to basic banking services

Non-harmonized legislative provisions of part III of Book I, except to chapter III of the Monetary and Financial Code

Refer to Legifrance

The currency - Financial dealings with foreign countries, reporting obligations

Non-harmonized legislative provisions of chapter II of part V of Book I  of the Monetary and Financial Code

Refer to Legifrance

Products - Savings products

Non-harmonized legislative provisions of part II of book II of the Monetary and Financial Code

Refer to Legifrance

SERVICES - Banking transactions, payment services et issuance and administering of electronic money, except to rules applicable in the definition of transaction that provide or manage the means of payment, local currencies, resolution and  deposit guarantee fund, access to services for payment accounts hold by credit institutions, payment services,  issuance and administering of electronic money  and offer of banking transactions to individuals resident in France by credit institutions which have their head office in a State  already in the list of the states benefitng from official development assistance and et which are not party to the EEA.

Non-harmonized legislative provisions of part I of book III, except to sections 3 & 4 of chapter I, sections 3 & 6 of chapter II and chapiters IV, V and VIII of the Monetary and Financial Code

Refer to Legifrance

SERVICES - PAYMENT SYSTEMS AND SYSTEMS USED FOR SETTLEMENT AND DELIVERY OF FINANCIAL INSTRUMENTS

Non-harmonized legislative provisions of part III of Book III 

Refer to Legifrance

SERVICES - DIRECT MARKETING, CANVASSING AND DISTANCE PROVISION OF FINANCIAL SERVICES

Non-harmonized legislative provisions of part IV of book III of the Monetary and Financial Code 

Refer to Legifrance

The service providers - Obligations relating to the prevention of money laundering, terrorist financing, and illicit lotteries, games of chance and betting, tax evasion and fraud,  provisions on asset freeze 

Non-harmonized legislative provisions of chapters II, III & IV of part VI of book V of the Monetary and Financial Code

Refer to Legifrance

Provisions of the French consumer Code

ENDEBTMENT - Credit operations: consumer credit, housing credit, common provisions for consumer credit, housing credit and life annuity mortgage loans 

Non-harmonised statutory and regulatory provisions of sections 2 and 4 to 10 of chapter II, sections 2 to 6 and 8 of chapter III, sections 1 to 5 and 7 to 9 of chapter IV and chapter V of title I of Book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Intermediary function: the protection of debtors and borrowers

Non-harmonised statutory and regulatory provisions of Chapter II of title II of book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Guarantees 

Non-harmonised statutory and regulatory provisions of title III of  book III of the French consumer Code 

Refer to Legifrance

ENDEBTMENT - Sanctions: credit operations, civil penalties applicable to the intermediary function and guarantees 

Non-harmonised statutory and regulatory provisions of chapter I, section I of chapter II and chapter III of title IV of book III of the French consumer Code

Refer to Legifrance

Non codified provisions

Conditions for the reception of funds by banks

Non-harmonized regulatory  provisions of General Decision of the Conseil national du crédit No 69-02 on the conditions for the reception of funds by banks

Refer to the general good rule

Calculating investments rates offered to the public

Non-harmonized regulatory  provisions of General Decision of the Conseil national du crédit No 74-07 on rules for calculating investments rates offered to the public

Refer to the general good rule

Centralisation of payment incidents

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking Regulation No 86-08 on centralisation of payment incidents

Refer to the general good rule

Risk centralisation

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking Regulation No 86-09 on risk centralisation

Refer to the general good rule

Remuneration of funds received from credit institutions 

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking Regulation No 86-13 on remuneration of funds received from credit institutions

Refer to the general good rule

Requirements for opening passbook accounts

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking Regulation No 86-20 on requirements for opening passbook accounts

Refer to the general good rule

Opening of branches

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking Regulation No 86-22 on the opening of branches

Refer to the general good rule

Cheque clearing

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking and Financial Regulation No 2001-04 regarding cheque clearing

Refer to Legifrance

Vigilance obligations with regard to cheques for the purposes of combatting money laundering and terrorist financing

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking and Financial Regulation No 2002-01 regarding vigilance obligations with regard to cheques for the purposes of combatting money laundering and terrorist financing

Refer to Legifrance

Defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Non-harmonized regulatory  provisions of Order of 2 September 2009 adopted pursuant to Article R. 561-12 of the Monetary and Financial Code and defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Refer to Legifrance

Relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services

Non-harmonized regulatory  provisions of Order of 29 July 2009 regarding relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment servicesRefer to Legifrance

The national register on household credit repayment incidents

Non-harmonized regulatory  provisions of Order of 26 October 2010 regarding the national register on household credit repayment incidents

Refer to Legifrance

Floor rate for the remuneration of home-buyer savings schemes, excluding State premium

Non-harmonized regulatory  provisions of Order of 4 February 2011 on floor rate for the remuneration of home-buyer savings schemes, excluding State premiumRefer to Legifrance

Remuneration of networks collecting the Livret A and sustainable development passbook, regime for centralization of collected deposits and remuneration of popular savings passbooks

Non-harmonized regulatory  provisions of Decree No 2011-275 of 16 March 2011 on remuneration of networks collecting the Livret A and sustainable development passbook, regime for centralization of collected deposits and remuneration of popular savings passbooks

Refer to Legifrance

List of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Non-harmonized regulatory  provisions of Order of 27 July 2011 on the list of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Refer to Legifrance

Procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Non-harmonized regulatory provisions of Order of 6 June 2013 setting up the procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Refer to Legifrance

Accounts of undertakings in the banking sector

Non-harmonized regulatory  provisions of Regulation of the Autorité des normes comptables (ANC) No 2014-07 on the accounts of undertakings in the banking sector, with regard to Article 3111-3 in annex

Refer to the general good rule

Internal control of institutions in the banking sector, payment service and investment service companies subject to the supervision of the Autorité de contrôle prudentiel et de résolution under the conditions referred to in Article 271

Non-harmonized regulatory  provisions of Order of 3 November 2014 on the internal control of institutions in the banking sector, payment service and investment service companies subject to the supervision of the Autorité de contrôle prudentiel et de résolution under the conditions referred to in Article 271

Refer to Legifrance

Approving of the chart for banking inclusion and overindebtedness prevention

Non-harmonized regulatory  provisions of Order of 5 November 2014 approving the chart for banking inclusion and overindebtedness prevention

Refer to Legifrance

The list, content and modalities of transmission of information sent to the Observatoire de l'inclusion bancaire

Non-harmonized regulatory  provisions of Order of 9 March 2016 adopted pursuant to Article R. 312-13 of the Monetary and Financial Code and establishing the list, content and modalities of transmission of information sent to the Observatoire de l'inclusion bancaire

Refer to Legifrance

Definition of a threshold for inactive bank safes under paragraph VI of article L. 312-20

Non-harmonized regulatory provisions of Order of 4th July 2017 implementing article L. 312-20 of the Monetary and Financialcode

Refer to Legifrance

Bank fees received by credit institutions following administrative attachment order by a public accountant

Non-harmonized regulatory provisions of decree n° 2018-1118 of the 10th December 2018 in relation to bank fees received by credit institutions following an administrative attachment order by a public accountant

Refer to Legifrance

Ring-fenced and frozen deposits in case of an administrative attachment order by a public accountant

Non-harmonized regulatory provisions of decree n° 2018-1353 of the 28th December 2018 in relation to ring-fenced and frozen deposits in case of an administrative attachment order by a public accountantRefer to Legifrance

 

1.1.2 (CI) Freedom of establishement (Payment Agent)

Topic of the general good ruleIdentification of the general good rule (chapter / section)Hyperlink text
Provisions of the Monetary and Financial Code

The currency - Financial dealings with foreign countries, reporting obligations

Non-harmonized legislative provisions of chapter II of part V of Book I  of the Monetary and Financial Code

Refer to Legifrance

SERVICES - Banking operations, payment services, issuance and administering of electronic money : accounts and deposits,  mediation, control and common provisions

Non-harmonized legislative provisions of section 4 of chapter II and chapters VI & VII of part I of Book III of the Monetary and Financial Code

Refer to Legifrance

SERVICES - DIRECT MARKETING, CANVASSING AND DISTANCE PROVISION OF FINANCIAL SERVICES

Non-harmonized legislative provisions of part IV of book III of the Monetary and Financial Code

Refer to Legifrance

The service providers - Obligations relating to the prevention of money laundering, terrorist financing, and illicit lotteries, games of chance and betting, tax evasion and fraud,  provisions on asset freeze 

Non-harmonized legislative provisions of chapters II, III & IV of part VI of book V of the Monetary and Financial Code

Refer to Legifrance

Provisions of the French consumer Code

ENDEBTMENT - Credit operations: consumer credit, housing credit, common provisions for consumer credit, housing credit and life annuity mortgage loans 

Non-harmonised statutory and regulatory provisions of sections 2 and 4 to 10 of chapter II, sections 2 to 6 and 8 of chapter III, sections 1 to 5 and 7 to 9 of chapter IV and chapter V of title I of Book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Intermediary function: the protection of debtors and borrowers

Non-harmonised statutory and regulatory provisions of Chapter II of title II of book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Guarantees 

Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code 

Refer to Legifrance

ENDEBTMENT - Sanctions: credit operations, civil penalties applicable to the intermediary function and guarantees 

Non-harmonised statutory and regulatory provisions of chapter I, section I of chapter II and chapter III of title IV of book III of the French consumer Code

Refer to Legifrance

Non codified provisions 

Defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Non-harmonized regulatory  provisions of Order of 2 September 2009 adopted pursuant to Article R. 561-12 of the Monetary and Financial Code and defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Refer to Legifrance

Relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services

Non-harmonized regulatory  provisions of Order of 29 July 2009 regarding relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services

Refer to Legifrance

The national register on household credit repayment incidents

Non-harmonized regulatory  provisions of Order of 26 October 2010 regarding the national register on household credit repayment incidents

Refer to Legifrance

List of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Non-harmonized regulatory  provisions of Order of 27 July 2011 on the list of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Refer to Legifrance

Procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Non-harmonized regulatory  provisions of Order of 6 June 2013 setting up the procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility 

Refer to Legifrance

Definition of a threshold for inactive bank safes under paragraph VI of article L. 312-20

Non-harmonized regulatory provisions of Order of 4th July 2017 implementing article L. 312-20 of the Financial and monetary code

Refer to Legifrance

Bank fees received by credit institutions following administrative attachment order by a public accountant

Non-harmonized regulatory provisions of decree n° 2018-1118 of the 10th December 2018 in relation to bank fees received by credit institutions following an administrative attachment order by a public accountant

Refer to Legifrance

Ring-fenced and frozen deposits in case of an administrative attachment order by a public accountant

Non-harmonized regulatory provisions of decree n° 2018-1353 of the 28th December 2018 in relation to ring-fenced and frozen deposits in case of an administrative attachment order by a public accountant

Refer to Legifrance

 

1.1.3 (CI) Freedom of establishement (E-money distributor)

Topic of the general good ruleIdentification of the general good rule (chapter / section)Hyperlink text
Provisions of the Monetary and Financial Code

The currency - Financial dealings with foreign countries, reporting obligations

Non-harmonized legislative provisions of chapter II of part V of Book I  of the Monetary and Financial Code

Refer to Legifrance

SERVICES - Banking operations, payment services, issuance and administering of electronic money : accounts and deposits,  mediation, control and common provisions

Non-harmonized legislative provisions of section 4 of chapter II and chapters VI & VII of part I of Book III of the Monetary and Financial Code

Refer to Legifrance

SERVICES - DIRECT MARKETING, CANVASSING AND DISTANCE PROVISION OF FINANCIAL SERVICES

Non-harmonized legislative provisions of part IV of book III of the Monetary and Financial Code

Refer to Legifrance

The service providers - Obligations relating to the prevention of money laundering, terrorist financing, and illicit lotteries, games of chance and betting, tax evasion and fraud,  provisions on asset freeze 

Non-harmonized legislative provisions of chapters II, III & IV of part VI of book V of the Monetary and Financial CodeRefer to Legifrance
Provisions of the French consumer Code

ENDEBTMENT - Credit operations: consumer credit, housing credit, common provisions for consumer credit, housing credit and life annuity mortgage loans 

Non-harmonised statutory and regulatory provisions of sections 2 and 4 to 10 of chapter II, sections 2 to 6 and 8 of chapter III, sections 1 to 5 and 7 to 9 of chapter IV and chapter V of title I of Book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Intermediary function: the protection of debtors and borrowers

Non-harmonised statutory and regulatory provisions of Chapter II of title II of book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Guarantees 

Non-harmonised statutory and regulatory provisions of title III of  book III of the French consumer Code 

Refer to Legifrance

ENDEBTMENT - Sanctions: credit operations, civil penalties applicable to the intermediary function and guarantees 

Non-harmonised statutory and regulatory provisions of chapter I, section I of chapter II and chapter III of title IV of book III of the French consumer CodeRefer to Legifrance
Non codified provisions 

Defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Non-harmonized regulatory  provisions of Order of 2 September 2009 adopted pursuant to Article R. 561-12 of the Monetary and Financial Code and defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Refer to Legifrance

List of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Non-harmonized regulatory  provisions of Order of 27 July 2011 on the list of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Refer to Legifrance

Procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Non-harmonized regulatory  provisions of Order of 6 June 2013 setting up the procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Refer to Legifrance

Definition of a threshold for inactive bank safes under paragraph VI of article L. 312-20

Non-harmonized regulatory provisions of Order of 4th July 2017 implementing article L. 312-20 of the Monetary and Financialcode

Refer to Legifrance

Bank fees received by credit institutions following administrative attachment order by a public accountant

Non-harmonized regulatory provisions of decree n° 2018-1118 of the 10th December 2018 in relation to bank fees received by credit institutions following an administrative attachment order by a public accountant

Refer to Legifrance

Ring-fenced and frozen deposits in case of an administrative attachment order by a public accountant

Non-harmonized regulatory provisions of decree n° 2018-1353 of the 28th December 2018 in relation to ring-fenced and frozen deposits in case of an administrative attachment order by a public accountantRefer to Legifrance

 

1.2 (CI) Freedom to provide services

1.2.1 (CI) Freedom of establishement (Branch)

Topic of the general good ruleIdentification of the general good rule (chapter / section)Hyperlink text

Provisions of the Monetary and Financial Code

The currency - Bank money instruments, except to rules applicable to other payment instruments and  to access to basic banking services

Non-harmonized legislative provisions of part III of Book I, except to chapter III of the Monetary and Financial Code

Refer to Legifrance

The currency - Financial dealings with foreign countries, reporting obligations

Non-harmonized legislative provisions of chapter II of part V of Book I  of the Monetary and Financial Code

Refer to Legifrance

Products - Savings products

Non-harmonized legislative provisions of part II of book II of the Monetary and Financial Code

Refer to Legifrance

SERVICES - Banking transactions, payment services et issuance and administering of electronic money, except to rules applicable in the definition of transaction that provide or manage the means of payment, local currencies, resolution and  deposit guarantee fund, access to services for payment accounts hold by credit institutions, payment services,  issuance and administering of electronic money  and offer of banking transactions to individuals resident in France by credit institutions which have their head office in a State  already in the list of the states benefitng from official development assistance and et which are not party to the EEA.

Non-harmonized legislative provisions of part I of book III of the Monetary and Financial Code, except to sections 3 & 4 of chapter I, sub-sections 1 & 1 bis of section 1 of chapter II, sections 3 & 6 of chapter II and  chapters IV, V  and VIII of the Monetary and Financial Code

Refer to Legifrance

SERVICES - PAYMENT SYSTEMS AND SYSTEMS USED FOR SETTLEMENT AND DELIVERY OF FINANCIAL INSTRUMENTS

Non-harmonized legislative provisions of part III of Book III 

Refer to Legifrance

SERVICES - DIRECT MARKETING, CANVASSING AND DISTANCE PROVISION OF FINANCIAL SERVICES

Non-harmonized legislative provisions of part IV of book III of the Monetary and Financial Code

Refer to Legifrance

The service providers - Obligations relating to the prevention of money laundering, terrorist financing, and illicit lotteries, games of chance and betting, tax evasion and fraud,  provisions on asset freeze

Non-harmonized legislative provisions of chapters II and III of part VI of book V of the Monetary and Financial Code

Refer to Legifrance

Provisions of the French consumer Code

ENDEBTMENT - Credit operations: consumer credit, housing credit, common provisions for consumer credit, housing credit and life annuity mortgage loans 

Non-harmonised statutory and regulatory provisions of sections 2 and 4 to 10 of chapter II, sections 2 to 6 and 8 of chapter III, sections 1 to 5 and 7 to 9 of chapter IV and chapter V of title I of Book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Intermediary function: the protection of debtors and borrowers

Non-harmonised statutory and regulatory provisions of Chapter II of title II of book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Guarantees 

Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code 

Refer to Legifrance

ENDEBTMENT - Sanctions: credit operations, civil penalties applicable to the intermediary function and guarantees 

Non-harmonised statutory and regulatory provisions of chapter I, section I of chapter II and chapter III of title IV of book III of the French consumer Code

Refer to Legifrance

Non codified provisions 

Conditions for the reception of funds by banks

Non-harmonized regulatory  provisions of General Decision of the Conseil national du crédit No 69-02 on the conditions for the reception of funds by banks

Refer to the general good rule

Calculating investments rates offered to the public

Non-harmonized regulatory  provisions of General Decision of the Conseil national du crédit No 74-07 on rules for calculating investments rates offered to the public

Refer to the general good rule

Interbank market

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking Regulation No 85-17 on interbank market

Refer to the general good rule

Centralisation of payment incidents

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking Regulation No 86-08 on centralisation of payment incidents

Refer to the general good rule

Risk centralisation

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking Regulation No 86-09 on risk centralisation

Refer to the general good rule

Remuneration of funds received from credit institutions

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking Regulation No 86-13 on remuneration of funds received from credit institutions

Refer to the general good rule

Requirements for opening passbook accounts

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking Regulation No 86-20 on requirements for opening passbook accounts

Refer to the general good rule

Cheque clearing

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking and Financial Regulation No 2001-04 regarding cheque clearing

Refer to Legifrance

Vigilance obligations with regard to cheques for the purposes of combatting money laundering and terrorist financing

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking and Financial Regulation No 2002-01 regarding vigilance obligations with regard to cheques for the purposes of combatting money laundering and terrorist financing

Refer to Legifrance

Relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services

Non-harmonized regulatory  provisions of Order of 29 July 2009 regarding relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services

Refer to Legifrance

The national register on household credit repayment incidents

Non-harmonized regulatory  provisions of Order of 26 October 2010 regarding the national register on household credit repayment incidentsRefer to Legifrance

Floor rate for the remuneration of home-buyer savings schemes, excluding State premium

Non-harmonized regulatory  provisions of Order of 4 February 2011 on floor rate for the remuneration of home-buyer savings schemes, excluding State premium

Refer to Legifrance

Remuneration of networks collecting the Livret A and sustainable development passbook, regime for centralization of collected deposits and remuneration of popular savings passbooks

Non-harmonized regulatory  provisions of Decree No 2011-275 of 16 March 2011 on remuneration of networks collecting the Livret A and sustainable development passbook, regime for centralization of collected deposits and remuneration of popular savings passbooksRefer to Legifrance

Definition of a threshold for inactive bank safes under paragraph VI of article L. 312-20

Non-harmonized regulatory provisions of Order of 4th July 2017 implementing article L. 312-20 of the Monetary and Financialcode 

Refer to Legifrance

Bank fees received by credit institutions following administrative attachment order by a public accountant

Non-harmonized regulatory provisions of decree n° 2018-1118 of the 10th December 2018 in relation to bank fees received by credit institutions following an administrative attachment order by a public accountant

Refer to Legifrance

Ring-fenced and frozen deposits in case of an administrative attachment order by a public accountant

Non-harmonized regulatory provisions of decree n° 2018-1353 of the 28th December 2018 in relation to ring-fenced and frozen deposits in case of an administrative attachment order by a public accountant

Refer to Legifrance

2. Credit institution- Investment services provider (CI-ISP)

2.1 (CI-ISP) Freedom of establishement

2.1.1 (CI-ISP) Freedom of establishement (Tied Agent)
2.1.2 (CI-ISP) Freedom of establishement (Branch)

 

2.1.1 (CI-ISP) Freedom of establishement (Tied Agent)

Topic of the general good rule 

Identification of the general good rule (chapter / section)

Hyperlink text

Provisions of the Monetary and Financial Code

The currency - Bank money instruments, except to rules applicable to other payment instruments and  to access to basic banking services

Non-harmonized legislative provisions of part III of Book I, except to chapter III of the Monetary and Financial Code

Refer to Legifrance

SERVICES - DIRECT MARKETING, CANVASSING AND DISTANCE PROVISION OF FINANCIAL SERVICES

Non-harmonized legislative provisions of part IV of book III of the Monetary and Financial Code

Refer to Legifrance

The service providers - Obligations relating to the prevention of money laundering, terrorist financing, and illicit lotteries, games of chance and betting, tax evasion and fraud,  provisions on asset freeze 

Non-harmonized legislative provisions of chapters II & IV of part VI of book V of the Monetary and Financial Code

Refer to Legifrance

Provisions of the French consumer Code

ENDEBTMENT - Credit operations: consumer credit, housing credit, common provisions for consumer credit, housing credit and life annuity mortgage loans 

Non-harmonised statutory and regulatory provisions of sections 2 and 4 to 10 of chapter II, sections 2 to 6 and 8 of chapter III, sections 1 to 5 and 7 to 9 of chapter IV and chapter V of title I of Book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Intermediary function: the protection of debtors and borrowers

Non-harmonised statutory and regulatory provisions of Chapter II of title II of book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Guarantees 

Non-harmonised statutory and regulatory provisions of title III of  book III of the French consumer Code 

Refer to Legifrance

ENDEBTMENT - Sanctions: credit operations, civil penalties applicable to the intermediary function and guarantees 

Non-harmonised statutory and regulatory provisions of chapter I, section I of chapter II and chapter III of title IV of book III of the French consumer Code

Refer to Legifrance

Dispositions non codifiées

Defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Non-harmonized regulatory  provisions of Order of 2 September 2009 adopted pursuant to Article R. 561-12 of the Monetary and Financial Code and defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Refer to Legifrance

List of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Non-harmonized regulatory  provisions of Order of 27 July 2011 on the list of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Refer to Legifrance

Procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Non-harmonized regulatory  provisions of Order of 6 June 2013 setting up the procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Refer to Legifrance

 

2.1.2 (CI-ISP) Freedom of establishement (Branch)

Topic of the general good rule 

Identification of the general good rule (chapter / section)

Hyperlink text

Provisions of the Monetary and Financial Code

The currency - Bank money instruments, except to rules applicable to other payment instruments and  to access to basic banking services

Non-harmonized legislative provisions of part III of Book I, except to chapter III of the Monetary and Financial Code

Refer to Legifrance

The currency - Financial dealings with foreign countries, reporting obligations

Non-harmonized legislative provisions of chapter II of part V of Book I  of the Monetary and Financial Code

Refer to Legifrance

Products - Savings products

Non-harmonized legislative provisions of part II of book II of the Monetary and Financial Code

Refer to Legifrance

SERVICES - Banking transactions, payment services et issuance and administering of electronic money, except to rules applicable in the definition of transaction that provide or manage the means of payment, local currencies, resolution and  deposit guarantee fund, access to services for payment accounts hold by credit institutions, payment services,  issuance and administering of electronic money  and offer of banking transactions to individuals resident in France by credit institutions which have their head office in a State  already in the list of the states benefitng from official development assistance and et which are not party to the EEA.

Non-harmonized legislative provisions of part I of book III, except to sections 3 & 4 of chapter I, sections 3 & 6 of chapter II and chapiters IV, V and VIII of the Monetary and Financial Code

Refer to Legifrance

SERVICES - PAYMENT SYSTEMS AND SYSTEMS USED FOR SETTLEMENT AND DELIVERY OF FINANCIAL INSTRUMENTS

Non-harmonized legislative provisions of part III of Book III 

Refer to Legifrance

SERVICES - DIRECT MARKETING, CANVASSING AND DISTANCE PROVISION OF FINANCIAL SERVICES

Non-harmonized legislative provisions of part IV of book III of the Monetary and Financial Code

Refer to Legifrance

The service providers - Obligations relating to the prevention of money laundering, terrorist financing, and illicit lotteries, games of chance and betting, tax evasion and fraud,  provisions on asset freeze 

Non-harmonized legislative provisions of chapters II, III & IV of part VI of book V of the Monetary and Financial Code

Refer to Legifrance

Provisions of the French consumer Code

ENDEBTMENT - Credit operations: consumer credit, housing credit, common provisions for consumer credit, housing credit and life annuity mortgage loans 

Non-harmonised statutory and regulatory provisions of sections 2 and 4 to 10 of chapter II, sections 2 to 6 and 8 of chapter III, sections 1 to 5 and 7 to 9 of chapter IV and chapter V of title I of Book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Intermediary function: the protection of debtors and borrowers

Non-harmonised statutory and regulatory provisions of Chapter II of title II of book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Guarantees 

Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code 

Refer to Legifrance

ENDEBTMENT - Sanctions: credit operations, civil penalties applicable to the intermediary function and guarantees 

Non-harmonised statutory and regulatory provisions of chapter I, section I of chapter II and chapter III of title IV of book III of the French consumer Code

Refer to Legifrance

Non codified provisions

Conditions for the reception of funds by banks

Non-harmonized regulatory provisions of General Decision of the Conseil national du crédit No 69-02 on the conditions for the reception of funds by banks

Refer to the general good rule

Calculating investments rates offered to the public

Non-harmonized regulatory provisions of General Decision of the Conseil national du crédit No 74-07 on rules for calculating investments rates offered to the public

Refer to the general good rule

Centralisation of payment incidents

Non-harmonized regulatory provisions of Regulation of the Committee for Banking Regulation No 86-08 on centralisation of payment incidents

Refer to the general good rule

Risk centralisation

Non-harmonized regulatory provisions of Regulation of the Committee for Banking Regulation No 86-09 on risk centralisation

Refer to the general good rule

Remuneration of funds received from credit institutions

Non-harmonized regulatory provisions of Regulation of the Committee for Banking Regulation No 86-13 on remuneration of funds received from credit institutions

Refer to the general good rule

Requirements for opening passbook accounts

Non-harmonized regulatory provisions of Regulation of the Committee for Banking Regulation No 86-20 on requirements for opening passbook accounts

Refer to the general good rule

Opening of branches

Non-harmonized regulatory provisions of Regulation of the Committee for Banking Regulation No 86-22 on the opening of branches

Refer to the general good rule

Cheque clearing

Non-harmonized regulatory provisions of Regulation of the Committee for Banking and Financial Regulation No 2001-04 regarding cheque clearing

Refer to Legifrance

Vigilance obligations with regard to cheques for the purposes of combatting money laundering and terrorist financing

Non-harmonized regulatory provisions of Regulation of the Committee for Banking and Financial Regulation No 2002-01 regarding vigilance obligations with regard to cheques for the purposes of combatting money laundering and terrorist financing

Refer to Legifrance

Defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Non-harmonized regulatory provisions of Order of 2 September 2009 adopted pursuant to Article R. 561-12 of the Monetary and Financial Code and defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing 

Refer to Legifrance

Relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services

Non-harmonized regulatory provisions of Order of 29 July 2009 regarding relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services

Refer to Legifrance

The national register on household credit repayment incidents

Non-harmonized regulatory provisions of Order of 26 October 2010 regarding the national register on household credit repayment incidents

Refer to Legifrance

Floor rate for the remuneration of home-buyer savings schemes, excluding State premium

Non-harmonized regulatory provisions of Order of 4 February 2011 on floor rate for the remuneration of home-buyer savings schemes, excluding State premium

Refer to Legifrance

Remuneration of networks collecting the Livret A and sustainable development passbook, regime for centralization of collected deposits and remuneration of popular savings passbooks

Non-harmonized regulatory provisions of Decree No 2011-275 of 16 March 2011 on remuneration of networks collecting the Livret A and sustainable development passbook, regime for centralization of collected deposits and remuneration of popular savings passbooks

Refer to Legifrance

List of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Non-harmonized regulatory provisions of Order of 27 July 2011 on the list of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Refer to Legifrance

Procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Non-harmonized regulatory provisions of Order of 6 June 2013 setting up the procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Refer to Legifrance

Accounts of undertakings in the banking sector

Non-harmonized regulatory provisions of Regulation of the Autorité des normes comptables (ANC) No 2014-07 on the accounts of undertakings in the banking sector, with regard to Article 3111-3 in annex

Refer to the general good rule

Internal control of institutions in the banking sector, payment service and investment service companies subject to the supervision of the Autorité de contrôle prudentiel et de résolution under the conditions referred to in Article 271

Non-harmonized regulatory provisions of Order of 3 November 2014 on the internal control of institutions in the banking sector, payment service and investment service companies subject to the supervision of the Autorité de contrôle prudentiel et de résolution under the conditions referred to in Article 271

Refer to Legifrance

Approving of the chart for banking inclusion and overindebtedness prevention

Non-harmonized regulatory provisions of Order of 5 November 2014 approving the chart for banking inclusion and overindebtedness prevention

Refer to Legifrance

The list, content and modalities of transmission of information sent to the Observatoire de l'inclusion bancaire

Non-harmonized regulatory provisions of Order of 9 March 2016 adopted pursuant to Article R. 312-13 of the Monetary and Financial Code and establishing the list, content and modalities of transmission of information sent to the Observatoire de l'inclusion bancaire

Refer to Legifrance

Definition of a threshold for inactive bank safes under paragraph VI of article L. 312-20

Non-harmonized regulatory provisions of Order of 4th July 2017 implementing article L. 312-20 of the Monetary and Financialcode

Refer to Legifrance

Bank fees received by credit institutions following administrative attachment order by a public accountant

Non-harmonized regulatory provisions of decree n° 2018-1118 of the 10th December 2018 in relation to bank fees received by credit institutions following an administrative attachment order by a public accountant

Refer to Legifrance

Ring-fenced and frozen deposits in case of an administrative attachment order by a public accountant

Non-harmonized regulatory provisions of decree n° 2018-1353 of the 28th December 2018 in relation to ring-fenced and frozen deposits in case of an administrative attachment order by a public accountant

Refer to Legifrance

 

2.2 (CI-ISP) Freedom to provide services

Topic of the general good rule 

Identification of the general good rule (chapter / section)

Hyperlink text

Provisions of the Monetary and Financial Code

The currency - Bank money instruments, except to rules applicable to other payment instruments and  to access to basic banking services

Non-harmonized legislative provisions of part III of Book I, except to chapter III of the Monetary and Financial Code

Refer to Legifrance

The currency - Financial dealings with foreign countries, reporting obligations

Non-harmonized legislative provisions of chapter II of part V of Book I  of the Monetary and Financial Code

Refer to Legifrance

Products - Savings products

Non-harmonized legislative provisions of part II of book II of the Monetary and Financial Code

Refer to Legifrance

SERVICES - Banking transactions, payment services et issuance and administering of electronic money, except to rules applicable in the definition of transaction that provide or manage the means of payment, local currencies, resolution and  deposit guarantee fund, access to services for payment accounts hold by credit institutions, payment services,  issuance and administering of electronic money  and offer of banking transactions to individuals resident in France by credit institutions which have their head office in a State  already in the list of the states benefitng from official development assistance and et which are not party to the EEA.

Non-harmonized legislative provisions of part I of book III, except to sections 3 & 4 of chapter I, to sub-sections 1 & 1 bis of Section I of Chapter II, to Sections 3 & 6 of Chapter II and to  Chapters IV, V and VIII

Refer to Legifrance

SERVICES - PAYMENT SYSTEMS AND SYSTEMS USED FOR SETTLEMENT AND DELIVERY OF FINANCIAL INSTRUMENTS

Non-harmonized legislative provisions of part III of Book III 

Consulter sur Legifrance

SERVICES - DIRECT MARKETING, CANVASSING AND DISTANCE PROVISION OF FINANCIAL SERVICES

Non-harmonized legislative provisions of part IV of book III of the Monetary and Financial Code

Refer to Legifrance

The service providers - Obligations relating to the prevention of money laundering, terrorist financing, and illicit lotteries, games of chance and betting, tax evasion and fraud,  provisions on asset freeze 

Non-harmonized legislative provisions of Book V, part VI, chapters 2 and 3 of the Monetary and Financial Code

Refer to Legifrance

Provisions of the French consumer Code

ENDEBTMENT - Credit operations: consumer credit, housing credit, common provisions for consumer credit, housing credit and life annuity mortgage loans 

Non-harmonised statutory and regulatory provisions of sections 2 and 4 to 10 of chapter II, sections 2 to 6 and 8 of chapter III, sections 1 to 5 and 7 to 9 of chapter IV and chapter V of title I of Book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Intermediary function: the protection of debtors and borrowers

Non-harmonised statutory and regulatory provisions of Chapter II of title II of book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Guarantees 

Non-harmonised statutory and regulatory provisions of title III of  book III of the French consumer Code 

Refer to Legifrance

ENDEBTMENT - Sanctions: credit operations, civil penalties applicable to the intermediary function and guarantees 

Non-harmonised statutory and regulatory provisions of chapter I, section I of chapter II and chapter III of title IV of book III of the French consumer Code

Refer to Legifrance

Non codified provisions

Conditions for the reception of funds by banks

Non-harmonized regulatory  provisions of General Decision of the Conseil national du crédit No 69-02 on the conditions for the reception of funds by banks

Refer to the general good rule

Calculating investments rates offered to the public

Non-harmonized regulatory  provisions of General Decision of the Conseil national du crédit No 74-07 on rules for calculating investments rates offered to the public

Refer to the general good rule

Centralisation of payment incidents

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking Regulation No 86-08 on centralisation of payment incidents

Refer to the general good rule

Risk centralisation

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking Regulation No 86-09 on risk centralisation

Refer to the general good rule

Remuneration of funds received from credit institutions

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking Regulation No 86-13 on remuneration of funds received from credit institutions

Refer to the general good rule

Requirements for opening passbook accounts

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking Regulation No 86-20 on requirements for opening passbook accounts

Refer to the general good rule

Cheque clearing

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking and Financial Regulation No 2001-04 regarding cheque clearing

Refer to Legifrance

Vigilance obligations with regard to cheques for the purposes of combatting money laundering and terrorist financing

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking and Financial Regulation No 2002-01 regarding vigilance obligations with regard to cheques for the purposes of combatting money laundering and terrorist financing

Refer to Legifrance

Relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services

Non-harmonized regulatory  provisions of Order of 29 July 2009 regarding relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services

Refer to Legifrance

The national register on household credit repayment incidents

Non-harmonized regulatory  provisions of Order of 26 October 2010 regarding the national register on household credit repayment incidents

Refer to Legifrance

Floor rate for the remuneration of home-buyer savings schemes, excluding State premium

Non-harmonized regulatory  provisions of Order of 4 February 2011 on floor rate for the remuneration of home-buyer savings schemes, excluding State premium

Refer to Legifrance

Remuneration of networks collecting the Livret A and sustainable development passbook, regime for centralization of collected deposits and remuneration of popular savings passbooks

Non-harmonized regulatory  provisions of Decree No 2011-275 of 16 March 2011 on remuneration of networks collecting the Livret A and sustainable development passbook, regime for centralization of collected deposits and remuneration of popular savings passbooks

Refer to Legifrance

Definition of a threshold for inactive bank safes under paragraph VI of article L. 312-20

Non-harmonized regulatory provisions of Order of 4th July 2017 implementing article L. 312-20 of the Monetary and Financialcode

Refer to Legifrance

Bank fees received by credit institutions following administrative attachment order by a public accountant

Non-harmonized regulatory provisions of decree n° 2018-1118 of the 10th December 2018 in relation to bank fees received by credit institutions following an administrative attachment order by a public accountant 

Refer to Legifrance

Ring-fenced and frozen deposits in case of an administrative attachment order by a public accountant

Non-harmonized regulatory provisions of decree n° 2018-1353 of the 28th December 2018 in relation to ring-fenced and frozen deposits in case of an administrative attachment order by a public accountant

Refer to Legifrance

3. Financial institutions(FI)

3.1 (FI) Freedom of establishement (Branch)

Topic of the general good rule 

Identification of the general good rule (chapter / section)

Hyperlink text

Provisions of the Monetary and Financial Code

The currency - Bank money instruments, except to rules applicable to other payment instruments and  to access to basic banking services

Non-harmonized legislative provisions of part III of Book I, except to chapter III of the Monetary and Financial Code

Refer to Legifrance

The currency - Financial dealings with foreign countries, reporting obligations

Non-harmonized legislative provisions of chapter II of part V of Book I  of the Monetary and Financial Code

Refer to Legifrance

SERVICES - Banking transactions, payment services et issuance and administering of electronic money, except to rules applicable in the definition of transaction that provide or manage the means of payment, local currencies, resolution and  deposit guarantee fund, access to services for payment accounts hold by credit institutions, payment services,  issuance and administering of electronic money  and offer of banking transactions to individuals resident in France by credit institutions which have their head office in a State  already in the list of the states benefitng from official development assistance and et which are not party to the EEA.

Non-harmonized legislative provisions of part I of book III, except to sections 3 & 4 of chapter I and chapters II, IV, V  and VIII of the Monetary and Financial Code

Refer to Legifrance

SERVICES - DIRECT MARKETING, CANVASSING AND DISTANCE PROVISION OF FINANCIAL SERVICES

Non-harmonized legislative provisions of part IV of book III of the Monetary and Financial Code

Refer to Legifrance

The service providers - Obligations relating to the prevention of money laundering, terrorist financing, and illicit lotteries, games of chance and betting, tax evasion and fraud,  provisions on asset freeze 

Non-harmonized legislative provisions of chapitre II of part VI of book V of the Monetary and Financial Code

Refer to Legifrance

Provisions of the French consumer Code

ENDEBTMENT - Credit operations: consumer credit, housing credit, common provisions for consumer credit, housing credit and life annuity mortgage loans 

Non-harmonised statutory and regulatory provisions of sections 2 and 4 to 10 of chapter II, sections 1 to 5 and 7 to 9 of chapter IV and chapter V of title I of Book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Intermediary function: the protection of debtors and borrowers

Non-harmonised statutory and regulatory provisions of Chapter II of title II of book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Guarantees 

Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code 

Refer to Legifrance

ENDEBTMENT - Sanctions: credit operations, civil penalties applicable to the intermediary function and guarantees 

Non-harmonised statutory and regulatory provisions of chapter I, section I of chapter II and chapter III of title IV of book III of the French consumer Code

Refer to Legifrance

Non codified provisions

Cheque clearing

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking and Financial Regulation No 2001-04 regarding cheque clearing

Refer to Legifrance

Vigilance obligations with regard to cheques for the purposes of combatting money laundering and terrorist financing

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking and Financial Regulation No 2002-01 regarding vigilance obligations with regard to cheques for the purposes of combatting money laundering and terrorist financing

Refer to Legifrance

Defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Non-harmonized regulatory  provisions of Order of 2 September 2009 adopted pursuant to Article R. 561-12 of the Monetary and Financial Code and defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Refer to Legifrance

Relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services

Non-harmonized regulatory  provisions of Order of 29 July 2009 regarding relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services

Refer to Legifrance

The national register on household credit repayment incidents

Non-harmonized regulatory  provisions of Order of 26 October 2010 regarding the national register on household credit repayment incidents

Refer to Legifrance

List of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Non-harmonized regulatory  provisions of Order of 27 July 2011 on the list of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Refer to Legifrance

Procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility 

Non-harmonized regulatory  provisions of Order of 6 June 2013 setting up the procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Refer to Legifrance

Internal control of institutions in the banking sector, payment service and investment service companies subject to the supervision of the Autorité de contrôle prudentiel et de résolution under the conditions referred to in Article 271

Non-harmonized regulatory  provisions of Order of 3 November 2014 on the internal control of institutions in the banking sector, payment service and investment service companies subject to the supervision of the Autorité de contrôle prudentiel et de résolution under the conditions referred to in Article 271

Refer to Legifrance

Approving of the chart for banking inclusion and overindebtedness prevention

Non-harmonized regulatory  provisions of Order of 5 November 2014 approving the chart for banking inclusion and overindebtedness prevention 

Refer to Legifrance

The list, content and modalities of transmission of information sent to the Observatoire de l'inclusion bancaire

Non-harmonized regulatory  provisions of Order of 9 March 2016 adopted pursuant to Article R. 312-13 of the Monetary and Financial Code and establishing the list, content and modalities of transmission of information sent to the Observatoire de l'inclusion bancaire

Refer to Legifrance
3.2 (FI) Freedom to provide services

Topic of the general good rule

Identification of the general good rule (chapter / section)

Hyperlink text

Provisions of the Monetary and Financial Code

The currency - Bank money instruments, except to rules applicable to other payment instruments and  to access to basic banking services

Non-harmonized legislative provisions of part III of Book I, except to chapter III of the Monetary and Financial Code

Refer to Legifrance

The currency - Financial dealings with foreign countries, reporting obligations

Non-harmonized legislative provisions of chapter II of part V of Book I  of the Monetary and Financial Code

Refer to Legifrance

SERVICES - Banking transactions, payment services et issuance and administering of electronic money, except to rules applicable in the definition of transaction that provide or manage the means of payment, local currencies, resolution and  deposit guarantee fund, access to services for payment accounts hold by credit institutions, payment services,  issuance and administering of electronic money  and offer of banking transactions to individuals resident in France by credit institutions which have their head office in a State  already in the list of the states benefitng from official development assistance and et which are not party to the EEA.

Non-harmonized legislative provisions of part I of book III, except to sections 3 & 4 of chapter I and chapters II, IV, V  and VIII of the Monetary and Financial Code

Refer to Legifrance

SERVICES - DIRECT MARKETING, CANVASSING AND DISTANCE PROVISION OF FINANCIAL SERVICES

Non-harmonized legislative provisions of part IV of book III of the Monetary and Financial Code

Refer to Legifrance

The service providers - Obligations relating to the prevention of money laundering, terrorist financing, and illicit lotteries, games of chance and betting, tax evasion and fraud,  provisions on asset freeze 

Non-harmonized legislative provisions of chapitre II of part VI of book V of the Monetary and Financial Code

Refer to Legifrance

Provisions of the French consumer Code

ENDEBTMENT - Credit operations: consumer credit, housing credit, common provisions for consumer credit, housing credit and life annuity mortgage loans 

Non-harmonised statutory and regulatory provisions of sections 2 and 4 to 10 of chapter II, sections 1 to 5 and 7 to 9 of chapter IV and chapter V of title I of Book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Intermediary function: the protection of debtors and borrowers

Non-harmonised statutory and regulatory provisions of Chapter II of title II of book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Guarantees 

Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code 

Refer to Legifrance

ENDEBTMENT - Sanctions: credit operations, civil penalties applicable to the intermediary function and guarantees 

Non-harmonised statutory and regulatory provisions of chapter I, section I of chapter II and chapter III of title IV of book III of the French consumer Code

Refer to Legifrance

Non codified provisions

Cheque clearing

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking and Financial Regulation No 2001-04 regarding cheque clearing

Refer to Legifrance

Relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services

Non-harmonized regulatory  provisions of Order of 29 July 2009 regarding relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services

Refer to Legifrance

The national register on household credit repayment incidents

Non-harmonized regulatory  provisions of Order of 26 October 2010 regarding the national register on household credit repayment incidents

Refer to Legifrance

4. Investment Firm (IF)

4.1 (IF) Freedom of establishement

4.1.1 (IF) Freedom of establishement (Branch)
4.1.2 (IF) Freedom of establishement (Tied agent)

 

4.1.1 (IF) Freedom of establishement (Branch)

Topic of the general good rule 

Identification of the general good rule (chapter / section)

Hyperlink text 

Provisions of the Monetary and Financial Code

The currency - Financial dealings with foreign countries, reporting obligations

Non-harmonized legislative provisions of chapter II of part V of Book I  of the Monetary and Financial Code

Refer to Legifrance

SERVICES - Banking transactions, payment services et issuance and administering of electronic money, accounts, deposits, loans

Non-harmonized legislative provisions of section 4 of chapter II and section 1 of chapter III of part I of book III

Refer to Legifrance

SERVICES - Investment services and associated services

Non-harmonized legislative provisions of chapter I of part II of book III

Refer to Legifrance

SERVICES - PAYMENT SYSTEMS AND SYSTEMS USED FOR SETTLEMENT AND DELIVERY OF FINANCIAL INSTRUMENTS

Non-harmonized legislative provisions of part III of Book III 

Refer to Legifrance

SERVICES - DIRECT MARKETING, CANVASSING AND DISTANCE PROVISION OF FINANCIAL SERVICES

Non-harmonized legislative provisions of part IV of book III of the Monetary and Financial Code

Refer to Legifrance

The service providers - Obligations relating to the prevention of money laundering, terrorist financing, and illicit lotteries, games of chance and betting, tax evasion and fraud,  provisions on asset freeze 

Non-harmonized legislative provisions of chapters II & IV of part VI of book V of the Monetary and Financial Code

Refer to Legifrance

Non codified provisions

Risk centralisation

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking Regulation No 86-09 on risk centralisation 

Refer to the general good rule

Credit operations of investment firms

Non-harmonized regulatory  provisions of Regulation No 98–05 of 7 December 1998 regarding credit operations of investment firms

Refer to the general good rule

Defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Non-harmonized regulatory  provisions of Order of 2 September 2009 adopted pursuant to Article R. 561-12 of the Monetary and Financial Code and defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Refer to Legifrance

List of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Non-harmonized regulatory  provisions of Order of 27 July 2011 on the list of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Refer to Legifrance

Procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Non-harmonized regulatory  provisions of Order of 6 June 2013 setting up the procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Refer to Legifrance

Accounts of undertakings in the banking sector

Non-harmonized regulatory  provisions of Regulation of the Autorité des normes comptables (ANC) No 2014-07 on the accounts of undertakings in the banking sector, with regard to Article 3111-3 in annex

Refer to the general good rule

Internal control of institutions in the banking sector, payment service and investment service companies subject to the supervision of the Autorité de contrôle prudentiel et de résolution under the conditions referred to in Article 272

Non-harmonized regulatory  provisions of Order of 3 November 2014 on the internal control of institutions in the banking sector, payment service and investment service companies subject to the supervision of the Autorité de contrôle prudentiel et de résolution under the conditions referred to in Article 272

Refer to Legifrance

 

4.1.2 (IF) Freedom of establishement (Tied agent)

Topic of the general good rule

Identification of the general good rule (chapter / section)

Hyperlink text

Provisions of the Monetary and Financial Code

The currency - Financial dealings with foreign countries, reporting obligations

Non-harmonized legislative provisions of chapter II of part V of Book I  of the Monetary and Financial Code

Refer to Legifrance

SERVICES - DIRECT MARKETING, CANVASSING AND DISTANCE PROVISION OF FINANCIAL SERVICES

Non-harmonized legislative provisions of part IV of book III of the Monetary and Financial Code

Refer to Legifrance

The service providers - Obligations relating to the prevention of money laundering, terrorist financing, and illicit lotteries, games of chance and betting, tax evasion and fraud,  provisions on asset freeze 

Non-harmonized legislative provisions of chapters II & IV of part VI of book V of the Monetary and Financial Code

Refer to Legifrance

Non codified provisions 

Defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Non-harmonized regulatory  provisions of Order of 2 September 2009 adopted pursuant to Article R. 561-12 of the Monetary and Financial Code and defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Refer to Legifrance

List of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Non-harmonized regulatory  provisions of Order of 27 July 2011 on the list of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Refer to Legifrance

Procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Non-harmonized regulatory  provisions of Order of 6 June 2013 setting up the procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Refer to Legifrance

4.2 (IF) Freedom to provide services

Topic of the general good rule 

Identification of the general good rule (chapter / section)

Hyperlink text

Provisions of the Monetary and Financial Code

The currency - Financial dealings with foreign countries, reporting obligations

Non-harmonized legislative provisions of chapter II of part V of Book I  of the Monetary and Financial Code

Refer to Legifrance

SERVICES - Banking transactions, payment services et issuance and administering of electronic money, accounts, deposits, loans

Non-harmonized legislative provisions of section 4 of chapter II and section 1 of chapter III of part I of book III

Refer to Legifrance

SERVICES - Investment services and associated services

Non-harmonized legislative provisions of chapter I of part II of book III

Refer to Legifrance

SERVICES - PAYMENT SYSTEMS AND SYSTEMS USED FOR SETTLEMENT AND DELIVERY OF FINANCIAL INSTRUMENTS

Non-harmonized legislative provisions of part III of Book III 

Refer to Legifrance

SERVICES - DIRECT MARKETING, CANVASSING AND DISTANCE PROVISION OF FINANCIAL SERVICES

Non-harmonized legislative provisions of part IV of book III of the Monetary and Financial Code

Refer to Legifrance

The service providers - Obligations relating to the prevention of money laundering, terrorist financing, and illicit lotteries, games of chance and betting, tax evasion and fraud,  provisions on asset freeze 

Non-harmonized legislative provisions of chapter II of part VI of book V of the Monetary and Financial CodeRefer to Legifrance

Non codified provisions

Risk centralisation

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking Regulation No 86-09 on risk centralisation

Refer to the general good rule

Credit operations of investment firms

Non-harmonized regulatory  provisions of Regulation No 98–05 of 7 December 1998 regarding credit operations of investment firms

Refer to the general good rule

5. (E-M I) E-money Institution

5.1 (E-M I) Freedom of establishement

5.1.1 (E-M I) Freedom of establishement (Branch)
5.1.2 (E-M I) Freedom of establishement (Payment agent)
5.1.3 (E-M I) Freedom of establishement (Distributor)

 

5.1.1 (E-M I) Freedom of establishement (Branch)

Topic of the general good rule

Identification of the general good rule (chapter / section)

Hyperlink text

Provisions of the Monetary and Financial Code

The currency - Financial dealings with foreign countries, reporting obligations

Non-harmonized legislative provisions of chapter II of part V of Book I  of the Monetary and Financial Code

Refer to Legifrance

SERVICES - Banking transactions, payment services et issuance and administering of electronic money, accounts and deposits, mediation, control, common provisions 

Non-harmonized legislative provisions of section 4 of chapter II and chapiters VI and VII  of part I of book III of the Monetary and Financial Code

Refer to Legifrance

SERVICES - DIRECT MARKETING, CANVASSING AND DISTANCE PROVISION OF FINANCIAL SERVICES

Non-harmonized legislative provisions of part IV of book III of the Monetary and Financial Code

Refer to Legifrance

The service providers - Obligations relating to the prevention of money laundering, terrorist financing, and illicit lotteries, games of chance and betting, tax evasion and fraud,  provisions on asset freeze 

Non-harmonized legislative provisions of chapters II and IV of part VI of book V of the Monetary and Financial Code

Refer to Legifrance

Provisions of the French consumer Code

ENDEBTMENT - Credit operations: consumer credit, housing credit, common provisions for consumer credit, housing credit and life annuity mortgage loans 

Non-harmonised statutory and regulatory provisions of sections 2 and 4 to 10 of chapter II, sections 1 to 5 and 7 to 9 of chapter IV and chapter V of title I of Book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Intermediary function: the protection of debtors and borrowers

Non-harmonised statutory and regulatory provisions of Chapter II of title II of book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Guarantees

Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code 

Refer to Legifrance

ENDEBTMENT - Sanctions: credit operations, civil penalties applicable to the intermediary function and guarantees 

Non-harmonised statutory and regulatory provisions of chapter I, section I of chapter II and chapter III of title IV of book III of the French consumer Code

Refer to Legifrance

Non codified provisions 

Defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Non-harmonized regulatory  provisions of Order of 2 September 2009 adopted pursuant to Article R. 561-12 of the Monetary and Financial Code and defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Refer to Legifrance

List of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Non-harmonized regulatory  provisions of Order of 27 July 2011 on the list of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Refer to Legifrance

Procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Non-harmonized regulatory  provisions of Order of 6 June 2013 setting up the procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Refer to Legifrance

Internal control of institutions in the banking sector, payment service and investment service companies subject to the supervision of the Autorité de contrôle prudentiel et de résolution under the conditions referred to in Article 272

Non-harmonized regulatory  provisions of Order of 3 November 2014 on the internal control of institutions in the banking sector, payment service and investment service companies subject to the supervision of the Autorité de contrôle prudentiel et de résolution under the conditions referred to in Article 272

Refer to Legifrance

 

5.1.2 (E-M I) Freedom of establishement (Payment agent)

Topic of the general good rule

Identification of the general good rule (chapter / section)

Hyperlink text

Provisions of the Monetary and Financial Code

The currency - Bank money instruments,  bank cheques and postal cheques

Non-harmonized legislative provisions of  chapiter I of part III of book I of the Monetary and Financial Code

Refer to Legifrance

The currency - Financial dealings with foreign countries, reporting obligations

Non-harmonized legislative provisions of chapter II of part V of Book I  of the Monetary and Financial Code

Refer to Legifrance

SERVICES - Banking transactions, payment services et issuance and administering of electronic money, accounts and deposits, mediation, control, common provisions 

Non-harmonized legislative provisions of section 4 of chapter II and chapiters VI and VII  of part I of book III of the Monetary and Financial Code

Refer to Legifrance

SERVICES - DIRECT MARKETING, CANVASSING AND DISTANCE PROVISION OF FINANCIAL SERVICES

Non-harmonized legislative provisions of part IV of book III of the Monetary and Financial Code

Refer to Legifrance

The service providers - Obligations relating to the prevention of money laundering, terrorist financing, and illicit lotteries, games of chance and betting, tax evasion and fraud,  provisions on asset freeze 

Non-harmonized legislative provisions of chapters II and IV of part VI of book V of the Monetary and Financial Code

Refer to Legifrance

Provisions of the French consumer Code

ENDEBTMENT - Credit operations: consumer credit, housing credit, common provisions for consumer credit, housing credit and life annuity mortgage loans

Non-harmonised statutory and regulatory provisions of sections 2 and 4 to 10 of chapter II, sections 1 to 5 and 7 to 9 of chapter IV and chapter V of title I of Book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Intermediary function: the protection of debtors and borrowers

Non-harmonised statutory and regulatory provisions of Chapter II of title II of book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Guarantees 

Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code 

Refer to Legifrance

ENDEBTMENT - Sanctions: credit operations, civil penalties applicable to the intermediary function and guarantees 

Non-harmonised statutory and regulatory provisions of chapter I, section I of chapter II and chapter III of title IV of book III of the French consumer Code

Refer to Legifrance

Non codified provisions

Cheque clearing

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking and Financial Regulation No 2001-04 regarding cheque clearing

Refer to Legifrance

Vigilance obligations with regard to cheques for the purposes of combatting money laundering and terrorist financing

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking and Financial Regulation No 2002-01 regarding vigilance obligations with regard to cheques for the purposes of combatting money laundering and terrorist financing

Refer to Legifrance

Defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Non-harmonized regulatory  provisions of Order of 2 September 2009 adopted pursuant to Article R. 561-12 of the Monetary and Financial Code and defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Refer to Legifrance

Relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services

Non-harmonized regulatory  provisions of Order of 29 July 2009 regarding relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services

Refer to Legifrance

The national register on household credit repayment incidents

Non-harmonized regulatory  provisions of Order of 26 October 2010 regarding the national register on household credit repayment incidents

Refer to Legifrance

List of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Non-harmonized regulatory  provisions of Order of 27 July 2011 on the list of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial CodeRefer to Legifrance

Procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Non-harmonized regulatory  provisions of Order of 6 June 2013 setting up the procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Refer to Legifrance

 

5.1.3 (E-M I) Freedom of establishement (Distributor)

Topic of the general good rule

Identification of the general good rule (chapter / section)

Hyperlink text

Provisions of the Monetary and Financial Code

The currency - Financial dealings with foreign countries, reporting obligations

Non-harmonized legislative provisions of chapter II of part V of Book I  of the Monetary and Financial Code

Refer to Legifrance

SERVICES - Banking transactions, payment services et issuance and administering of electronic money, accounts and deposits, mediation, control, common provisions 

Non-harmonized legislative provisions of section 4 of chapter II and chapiters VI and VII  of part I of book III of the Monetary and Financial Code

Refer to Legifrance

SERVICES - DIRECT MARKETING, CANVASSING AND DISTANCE PROVISION OF FINANCIAL SERVICES

Non-harmonized legislative provisions of part IV of book III of the Monetary and Financial Code

Refer to Legifrance

The service providers - Obligations relating to the prevention of money laundering, terrorist financing, and illicit lotteries, games of chance and betting, tax evasion and fraud,  provisions on asset freeze 

Non-harmonized legislative provisions of chapters II and IV of part VI of book V of the Monetary and Financial Code

Refer to Legifrance

Provisions of the French consumer Code

ENDEBTMENT - Credit operations: consumer credit, housing credit, common provisions for consumer credit, housing credit and life annuity mortgage loans 

Non-harmonised statutory and regulatory provisions of sections 2 and 4 to 10 of chapter II, sections 1 to 5 and 7 to 9 of chapter IV and chapter V of title I of Book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Intermediary function: the protection of debtors and borrowers

Non-harmonised statutory and regulatory provisions of Chapter II of title II of book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Guarantees 

Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code 

Refer to Legifrance

ENDEBTMENT - Sanctions: credit operations, civil penalties applicable to the intermediary function and guarantees 

Non-harmonised statutory and regulatory provisions of chapter I, section I of chapter II and chapter III of title IV of book III of the French consumer Code

Refer to Legifrance

Non codified provisions

List of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Non-harmonized regulatory  provisions of Order of 27 July 2011 on the list of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Refer to Legifrance

Procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Non-harmonized regulatory  provisions of Order of 6 June 2013 setting up the procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Refer to Legifrance

Internal control of institutions in the banking sector, payment service and investment service companies subject to the supervision of the Autorité de contrôle prudentiel et de résolution under the conditions referred to in Article 272

Non-harmonized regulatory  provisions of Order of 3 November 2014 on the internal control of institutions in the banking sector, payment service and investment service companies subject to the supervision of the Autorité de contrôle prudentiel et de résolution under the conditions referred to in Article 272

Refer to Legifrance

5.2 (E-M I) Freedom to provide services

Topic of the general good rule

Identification of the general good rule (chapter / section)

Hyperlink text

Provisions of the Monetary and Financial Code

The currency - Financial dealings with foreign countries, reporting obligations

Non-harmonized legislative provisions of chapter II of part V of Book I  of the Monetary and Financial Code

Refer to Legifrance

SERVICES - Banking transactions, payment services et issuance and administering of electronic money, accounts and deposits, mediation, control, common provisions 

Non-harmonized legislative provisions of section 4 of chapter II and chapiters VI and VII  of part I of book III of the Monetary and Financial Code

Refer to Legifrance

SERVICES - DIRECT MARKETING, CANVASSING AND DISTANCE PROVISION OF FINANCIAL SERVICES

Non-harmonized legislative provisions of part IV of book III of the Monetary and Financial Code

Refer to Legifrance

The service providers - Obligations relating to the prevention of money laundering, terrorist financing, and illicit lotteries, games of chance and betting, tax evasion and fraud,  provisions on asset freeze 

Non-harmonized legislative provisions of chapter II of part VI of book V of the Monetary and Financial Code

Refer to Legifrance

Provisions of the French consumer Code

ENDEBTMENT - Credit operations: consumer credit, housing credit, common provisions for consumer credit, housing credit and life annuity mortgage loans 

Non-harmonised statutory and regulatory provisions of sections 2 and 4 to 10 of chapter II, sections 1 to 5 and 7 to 9 of chapter IV and chapter V of title I of Book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Intermediary function: the protection of debtors and borrowers

Non-harmonised statutory and regulatory provisions of Chapter II of title II of book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Guarantees 

Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code 

Refer to Legifrance

ENDEBTMENT - Sanctions: credit operations, civil penalties applicable to the intermediary function and guarantees 

Non-harmonised statutory and regulatory provisions of chapter I, section I of chapter II and chapter III of title IV of book III of the French consumer Code

Refer to Legifrance

Non codified provisions 

Cheque clearing

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking and Financial Regulation No 2001-04 regarding cheque clearing

Refer to Legifrance

Vigilance obligations with regard to cheques for the purposes of combatting money laundering and terrorist financing

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking and Financial Regulation No 2002-01 regarding vigilance obligations with regard to cheques for the purposes of combatting money laundering and terrorist financing

Refer to Legifrance

Relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services 

Non-harmonized regulatory  provisions of Order of 29 July 2009 regarding relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services 

Refer to Legifrance

The national register on household credit repayment incidents

Non-harmonized regulatory  provisions of Order of 26 October 2010 regarding the national register on household credit repayment incidentsRefer to Legifrance

6. (PI) Payment Institution

6.1 (PI) Freedom of establishement

6.1.1 (PI) Freedom of establishement (Branch)
6.1.2 (PI) Freedom of establishement (Payment agent)

 

6.1.1 (PI) Freedom of establishement (Branch)

Topic of the general good rule 

Identification of the general good rule (chapter / section)

Hyperlink text

Provisions of the Monetary and Financial Code

The currency - Bank money instruments,  bank cheques and postal cheques

Non-harmonized legislative provisions of  chapiter I of part III of book I of the Monetary and Financial CodeRefer to Legifrance

The currency - Financial dealings with foreign countries, reporting obligations

Non-harmonized legislative provisions of chapter II of part V of Book I  of the Monetary and Financial Code

Refer to Legifrance

SERVICES - Banking transactions, payment services et issuance and administering of electronic money, accounts and deposits, mediation, control, common provisions 

Non-harmonized legislative provisions of section 4 of chapter II and chapiters VI and VII  of part I of book III of the Monetary and Financial Code

Refer to Legifrance

SERVICES - DIRECT MARKETING, CANVASSING AND DISTANCE PROVISION OF FINANCIAL SERVICES

Non-harmonized legislative provisions of part IV of book III of the Monetary and Financial Code

Refer to Legifrance

The service providers - Obligations relating to the prevention of money laundering, terrorist financing, and illicit lotteries, games of chance and betting, tax evasion and fraud,  provisions on asset freeze 

Non-harmonized legislative provisions of chapters II and IV of part VI of book V of the Monetary and Financial Code

Refer to Legifrance

Provisions of the French consumer Code

ENDEBTMENT - Credit operations: consumer credit, housing credit, common provisions for consumer credit, housing credit and life annuity mortgage loans 

Non-harmonised statutory and regulatory provisions of sections 2 and 4 to 10 of chapter II, sections 1 to 5 and 7 to 9 of chapter IV and chapter V of title I of Book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Intermediary function: the protection of debtors and borrowers

Non-harmonised statutory and regulatory provisions of Chapter II of title II of book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Guarantees 

Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code 

Refer to Legifrance

ENDEBTMENT - Sanctions: credit operations, civil penalties applicable to the intermediary function and guarantees 

Non-harmonised statutory and regulatory provisions of chapter I, section I of chapter II and chapter III of title IV of book III of the French consumer Code

Refer to Legifrance

Non codified provisions 

Cheque clearing

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking and Financial Regulation No 2001-04 regarding cheque clearing

Refer to Legifrance

Vigilance obligations with regard to cheques for the purposes of combatting money laundering and terrorist financing

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking and Financial Regulation No 2002-01 regarding vigilance obligations with regard to cheques for the purposes of combatting money laundering and terrorist financing

Refer to Legifrance

Defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Non-harmonized regulatory  provisions of Order of 2 September 2009 adopted pursuant to Article R. 561-12 of the Monetary and Financial Code and defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financingRefer to Legifrance

Relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services

Non-harmonized regulatory  provisions of Order of 29 July 2009 regarding relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services

Refer to Legifrance

The national register on household credit repayment incidents

Non-harmonized regulatory  provisions of Order of 26 October 2010 regarding the national register on household credit repayment incidentsRefer to Legifrance

List of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Non-harmonized regulatory  provisions of Order of 27 July 2011 on the list of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Refer to Legifrance

Procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Non-harmonized regulatory  provisions of Order of 6 June 2013 setting up the procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility 

Refer to Legifrance

Internal control of institutions in the banking sector, payment service and investment service companies subject to the supervision of the Autorité de contrôle prudentiel et de résolution under the conditions referred to in Article 271

Non-harmonized regulatory  provisions of Order of 3 November 2014 on the internal control of institutions in the banking sector, payment service and investment service companies subject to the supervision of the Autorité de contrôle prudentiel et de résolution under the conditions referred to in Article 271

Refer to Legifrance

Approving of the chart for banking inclusion and overindebtedness prevention

Non-harmonized regulatory  provisions of Order of 5 November 2014 approving the chart for banking inclusion and overindebtedness prevention

Refer to Legifrance

The list, content and modalities of transmission of information sent to the Observatoire de l'inclusion bancaire

Non-harmonized regulatory  provisions of Order of 9 March 2016 adopted pursuant to Article R. 312-13 of the Monetary and Financial Code and establishing the list, content and modalities of transmission of information sent to the Observatoire de l'inclusion bancaire

Refer to Legifrance

Ring-fenced and frozen deposits in case of an administrative attachment order by a public accountant

Non-harmonized regulatory provisions of decree n° 2018-1353 of the 28th December 2018 in relation to ring-fenced and frozen deposits in case of an administrative attachment order by a public accountantRefer to Legifrance

 

6.1.2 (PI) Freedom of establishement (Payment agent)

Topic of the general good rule 

Identification of the general good rule (chapter / section)

Hyperlink text

Provisions of the Monetary and Financial Code

The currency - Financial dealings with foreign countries, reporting obligations

Non-harmonized legislative provisions of chapter II of part V of Book I  of the Monetary and Financial Code

Refer to Legifrance

SERVICES - Banking transactions, payment services et issuance and administering of electronic money, accounts and deposits, mediation, control, common provisions 

Non-harmonized legislative provisions of section 4 of chapter II and chapiters VI and VII  of part I of book III of the Monetary and Financial Code

Refer to Legifrance

SERVICES - DIRECT MARKETING, CANVASSING AND DISTANCE PROVISION OF FINANCIAL SERVICES

Non-harmonized legislative provisions of part IV of book III of the Monetary and Financial Code

Refer to Legifrance

The service providers - Obligations relating to the prevention of money laundering, terrorist financing, and illicit lotteries, games of chance and betting, tax evasion and fraud,  provisions on asset freeze 

Non-harmonized legislative provisions of chapters II,III and IV of part VI of book V of the Monetary and Financial Code

Refer to Legifrance

Provisions of the French consumer Code

ENDEBTMENT - Credit operations: consumer credit, housing credit, common provisions for consumer credit, housing credit and life annuity mortgage loans 

Non-harmonised statutory and regulatory provisions of sections 2 and 4 to 10 of chapter II, sections 2 to 6 and 8 of chapter III, sections 1 to 5 and 7 to 9 of chapter IV and chapter V of title I of Book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Intermediary function: the protection of debtors and borrowers

Non-harmonised statutory and regulatory provisions of Chapter II of title II of book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Guarantees 

Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code 

Refer to Legifrance

ENDEBTMENT - Sanctions: credit operations, civil penalties applicable to the intermediary function and guarantees 

Non-harmonised statutory and regulatory provisions of chapter I, section I of chapter II and chapter III of title IV of book III of the French consumer Code

Refer to Legifrance

Non codified provisions 

Defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financing

Non-harmonized regulatory  provisions of Order of 2 September 2009 adopted pursuant to Article R. 561-12 of the Monetary and Financial Code and defining information elements, in connection with knowledge of the client and the business relationship, in order to evaluate the risks of money laundering and terrorist financingRefer to Legifrance

List of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Non-harmonized regulatory  provisions of Order of 27 July 2011 on the list of third countries imposing similar requirements on combating money laundering and terrorist financing referred to in II of Article L.561-9 of the Monetary and Financial Code

Refer to Legifrance

Procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Non-harmonized regulatory  provisions of Order of 6 June 2013 setting up the procedure for transmission of the report in application of Article L. 561-15 of the Monetary and Financial Code and the information of the informant in the event of inadmissibility

Refer to Legifrance

Ring-fenced and frozen deposits in case of an administrative attachment order by a public accountant

Non-harmonized regulatory provisions of decree n° 2018-1353 of the 28th December 2018 in relation to ring-fenced and frozen deposits in case of an administrative attachment order by a public accountantRefer to Legifrance
6.2 (PI) Freedom to provide services

Topic of the general good rule 

Identification of the general good rule (chapter / section)

Hyperlink text

Provisions of the Monetary and Financial Code

The currency - Bank money instruments,  bank cheques and postal cheques

Non-harmonized legislative provisions of  chapiter I of part III of book I of the Monetary and Financial CodeRefer to Legifrance

The currency - Financial dealings with foreign countries, reporting obligations

Non-harmonized legislative provisions of chapter II of part V of Book I  of the Monetary and Financial Code

Refer to Legifrance

SERVICES - Banking transactions, payment services et issuance and administering of electronic money, accounts and deposits, mediation, control, common provisions 

Non-harmonized legislative provisions of section 4 of chapter II and chapiters VI and VII  of part I of book III of the Monetary and Financial Code

Refer to Legifrance

SERVICES - DIRECT MARKETING, CANVASSING AND DISTANCE PROVISION OF FINANCIAL SERVICES

Non-harmonized legislative provisions of part IV of book III of the Monetary and Financial Code

Refer to Legifrance

The service providers - Obligations relating to the prevention of money laundering, terrorist financing, and illicit lotteries, games of chance and betting, tax evasion and fraud,  provisions on asset freeze 

Non-harmonized legislative provisions of chapter II of part VI of book V of the Monetary and Financial Code

Refer to Legifrance

Provisions of the French consumer Code

ENDEBTMENT - Credit operations: consumer credit, housing credit, common provisions for consumer credit, housing credit and life annuity mortgage loans 

Non-harmonised statutory and regulatory provisions of sections 2 and 4 to 10 of chapter II, sections 1 to 5 and 7 to 9 of chapter IV and chapter V of title I of Book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Intermediary function: the protection of debtors and borrowers

Non-harmonised statutory and regulatory provisions of Chapter II of title II of book III of the French consumer Code

Refer to Legifrance

ENDEBTMENT - Guarantees 

Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code 

Refer to Legifrance

ENDEBTMENT - Sanctions: credit operations, civil penalties applicable to the intermediary function and guarantees 

Non-harmonised statutory and regulatory provisions of chapter I, section I of chapter II and chapter III of title IV of book III of the French consumer Code

Refer to Legifrance

Non codified provisions 

Cheque clearing

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking and Financial Regulation No 2001-04 regarding cheque clearing

Refer to Legifrance

Vigilance obligations with regard to cheques for the purposes of combatting money laundering and terrorist financing

Non-harmonized regulatory  provisions of Regulation of the Committee for Banking and Financial Regulation No 2002-01 regarding vigilance obligations with regard to cheques for the purposes of combatting money laundering and terrorist financing

Refer to Legifrance

Relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services

Non-harmonized regulatory  provisions of Order of 29 July 2009 regarding relationships between payment service providers and their clients in terms of obligations for the provision of information to the users of payment services and precising the main provisions to be included in deposit account agreement and the framework contract for payment services

Refer to Legifrance

The national register on household credit repayment incidents

Non-harmonized regulatory  provisions of Order of 26 October 2010 regarding the national register on household credit repayment incidentsRefer to Legifrance

Ring-fenced and frozen deposits in case of an administrative attachment order by a public accountant

Non-harmonized regulatory provisions of decree n° 2018-1353 of the 28th December 2018 in relation to ring-fenced and frozen deposits in case of an administrative attachment order by a public accountantRefer to Legifrance

Updated on: 03/30/2020 15:46