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. 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).
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 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° 2022-I-11 concerning a questionnaire on trading practices and customer protection and Instruction n° 2022-I-18 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.
In the meantime, providers are required to keep informed of the provisions applicable to them. Legal instruments, binding or soft law, adopted by the ACPR are available on its Official Register. 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)
In this section:
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 |
|
|
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 |
|
|
Products - Savings products |
Non-harmonized legislative provisions of part II of book II of the Monetary and Financial Code |
|
|
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 |
|
|
SERVICES - PAYMENT SYSTEMS AND SYSTEMS USED FOR SETTLEMENT AND DELIVERY OF FINANCIAL INSTRUMENTS |
Non-harmonized legislative provisions of part III of Book III |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
ENDEBTMENT - Guarantees |
Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
Centralisation of payment incidents |
Non-harmonized regulatory provisions of Regulation of the Committee for Banking Regulation No 86-08 on centralisation of payment incidents |
|
|
Risk centralisation |
Non-harmonized regulatory provisions of Regulation of the Committee for Banking Regulation No 86-09 on risk centralisation |
|
|
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 |
|
|
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 |
|
|
Opening of branches |
Non-harmonized regulatory provisions of Regulation of the Committee for Banking Regulation No 86-22 on the opening of branches |
|
|
Cheque clearing |
Non-harmonized regulatory provisions of Regulation of the Committee for Banking and Financial Regulation No 2001-04 regarding cheque clearing |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
1.1.2 (CI) 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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
ENDEBTMENT - Guarantees |
Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
1.1.3 (CI) Freedom of establishement (E-money 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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
ENDEBTMENT - Guarantees |
Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
1.2.1 (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 |
|
|
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 |
|
|
Products - Savings products |
Non-harmonized legislative provisions of part II of book II of the Monetary and Financial Code |
|
|
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 |
|
|
SERVICES - PAYMENT SYSTEMS AND SYSTEMS USED FOR SETTLEMENT AND DELIVERY OF FINANCIAL INSTRUMENTS |
Non-harmonized legislative provisions of part III of Book III |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
ENDEBTMENT - Guarantees |
Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
Interbank market |
Non-harmonized regulatory provisions of Regulation of the Committee for Banking Regulation No 85-17 on interbank market |
|
|
Centralisation of payment incidents |
Non-harmonized regulatory provisions of Regulation of the Committee for Banking Regulation No 86-08 on centralisation of payment incidents |
|
|
Risk centralisation |
Non-harmonized regulatory provisions of Regulation of the Committee for Banking Regulation No 86-09 on risk centralisation |
|
|
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 |
|
|
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 |
|
|
Cheque clearing |
Non-harmonized regulatory provisions of Regulation of the Committee for Banking and Financial Regulation No 2001-04 regarding cheque clearing |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
2. Credit institution- Investment services provider (CI-ISP)
In this section:
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
ENDEBTMENT - Guarantees |
Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
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 |
|
|
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 |
|
|
Products - Savings products |
Non-harmonized legislative provisions of part II of book II of the Monetary and Financial Code |
|
|
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 |
|
|
SERVICES - PAYMENT SYSTEMS AND SYSTEMS USED FOR SETTLEMENT AND DELIVERY OF FINANCIAL INSTRUMENTS |
Non-harmonized legislative provisions of part III of Book III |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
ENDEBTMENT - Guarantees |
Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
Centralisation of payment incidents |
Non-harmonized regulatory provisions of Regulation of the Committee for Banking Regulation No 86-08 on centralisation of payment incidents |
|
|
Risk centralisation |
Non-harmonized regulatory provisions of Regulation of the Committee for Banking Regulation No 86-09 on risk centralisation |
|
|
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 |
|
|
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 |
|
|
Opening of branches |
Non-harmonized regulatory provisions of Regulation of the Committee for Banking Regulation No 86-22 on the opening of branches |
|
|
Cheque clearing |
Non-harmonized regulatory provisions of Regulation of the Committee for Banking and Financial Regulation No 2001-04 regarding cheque clearing |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
Products - Savings products |
Non-harmonized legislative provisions of part II of book II of the Monetary and Financial Code |
|
|
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 |
|
|
SERVICES - PAYMENT SYSTEMS AND SYSTEMS USED FOR SETTLEMENT AND DELIVERY OF FINANCIAL INSTRUMENTS |
Non-harmonized legislative provisions of part III of Book III |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
ENDEBTMENT - Guarantees |
Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
Centralisation of payment incidents |
Non-harmonized regulatory provisions of Regulation of the Committee for Banking Regulation No 86-08 on centralisation of payment incidents |
|
|
Risk centralisation |
Non-harmonized regulatory provisions of Regulation of the Committee for Banking Regulation No 86-09 on risk centralisation |
|
|
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 |
|
|
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 |
|
|
Cheque clearing |
Non-harmonized regulatory provisions of Regulation of the Committee for Banking and Financial Regulation No 2001-04 regarding cheque clearing |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
3. Financial institutions(FI)
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
ENDEBTMENT - Guarantees |
Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
ENDEBTMENT - Guarantees |
Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
4. Investment Firm (IF)
In this section:
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 |
|
|
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 |
|
|
SERVICES - Investment services and associated services |
Non-harmonized legislative provisions of chapter I of part II of book III |
|
|
SERVICES - PAYMENT SYSTEMS AND SYSTEMS USED FOR SETTLEMENT AND DELIVERY OF FINANCIAL INSTRUMENTS |
Non-harmonized legislative provisions of part III of Book III |
|
|
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 |
|
|
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 |
|
|
Non codified provisions |
||
|
Risk centralisation |
Non-harmonized regulatory provisions of Regulation of the Committee for Banking Regulation No 86-09 on risk centralisation |
|
|
Credit operations of investment firms |
Non-harmonized regulatory provisions of Regulation No 98–05 of 7 December 1998 regarding credit operations of investment firms |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
SERVICES - Investment services and associated services |
Non-harmonized legislative provisions of chapter I of part II of book III |
|
|
SERVICES - PAYMENT SYSTEMS AND SYSTEMS USED FOR SETTLEMENT AND DELIVERY OF FINANCIAL INSTRUMENTS |
Non-harmonized legislative provisions of part III of Book III |
|
|
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 |
|
|
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 |
|
Non codified provisions |
||
|
Risk centralisation |
Non-harmonized regulatory provisions of Regulation of the Committee for Banking Regulation No 86-09 on risk centralisation |
|
|
Credit operations of investment firms |
Non-harmonized regulatory provisions of Regulation No 98–05 of 7 December 1998 regarding credit operations of investment firms |
|
5. (E-M I) E-money Institution
In this section:
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
ENDEBTMENT - Guarantees |
Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
ENDEBTMENT - Guarantees |
Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
ENDEBTMENT - Guarantees |
Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
ENDEBTMENT - Guarantees |
Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
6. (PI) Payment Institution
In this section:
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 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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
ENDEBTMENT - Guarantees |
Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
ENDEBTMENT - Guarantees |
Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
ENDEBTMENT - Guarantees |
Non-harmonised statutory and regulatory provisions of title III of book III of the French consumer Code |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
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 |
Updated on the 25th of February 2025