Key Benefits:
Minister of Economy, Industry and Employment,
Given the monetary and financial code, including its article L. 312-1 ;
Considering the charter adopted by the French Association of Credit Institutions and Investment Companies;
Considering the opinion of the Financial Sector Advisory Committee of 4 December 2008;
Considering the advice of the Financial Legislation and Regulatory Advisory Committee of 8 December 2008,
Stop it!
The Accessibility Charter to Strengthen the Effectiveness of the Right to Account, adopted by the French Association of Credit Institutions and Investment Companies under the conditions provided for in theArticle L. 312-1 of the monetary and financial codeand annexed to this Order shall be approved. It is applicable to all credit institutions effective 1 January 2009.
The present order will be issued in the Official Journal of the French Republic.
A N N E X E
CHARTE D'ACCESSIBILITÉ POUR RENFORCER
THE EFFECTIVITY OF THE RIGHT
Preamble
The right to account is a fundamental principle in French legislation. The monetary and financial code (art. L. 312-1) provides that any natural or legal person, domiciled in France, without a deposit account, is entitled to the opening of such an account in a credit institution of his or her choice. The population is very high in France (more than 98 per cent) and among the highest in Europe. AFECEI (Association française des institutions de crédit et des entreprises d'invest), by this charter, wishes to consolidate the procedure and effectiveness of the right to the account. In accordance withArticle L. 312-1 of the monetary and financial code, AFECEI has adopted an accessibility charter, the purpose of this document, which includes the terms and time frames for the exchange of credit institutions with the Bank of France and the information of customers. This charter applies to any credit institution effective January 1, 2009.
Procedure for opening an account
the right to account
1. The bank agency that does not wish to open a deposit account shall systematically and without delay give the applicant a certificate of refusal of account in accordance with theArticle R. 312-3 of the Monetary and Financial Code : the letter of refusal to be used in all cases (natural or legal persons) is contained in annex 1 to the charter.
2. At the same time, the bank agency informs the applicant that it may request the Bank of France to designate a credit institution to open an account. It specifies to the applicant the necessary documents to request the right to the account: certificate of refusal of account (see point 1 of the proceedings), statement on the honour of non-detention of another deposit account, production of an identity document (1) with a photograph and proof of domicile. It also states that the establishment designated by the Bank of France will conduct a review of the supporting documentation required by the regulations and may, where appropriate, request the client to provide additional documents in accordance with their obligations in respect of the client's knowledge, in particular in the fight against money laundering (2).
3. For natural persons, the bank agency also proposes to the applicant to act on its behalf and on its behalf by transmitting its completed application for the designation of a credit institution to the Bank of France. The agency may inform the applicant, if desired, of the Bank of France's response.
In the event of a positive response from the applicant to ensure that the bank agency acts on its behalf and on its behalf, the bank agency fills forthwith and subject to the processing of text, the application form for the right to the account, in accordance with the single model and standardized by the profession which is annexed to the charter. This document is printed by the bank agency and signed by the applicant. The file (3) is then sent by the agency on the same day by fax or email to the competent branch of the Bank of France, from a list of fax and email numbers dedicated to this procedure.
In the event of a negative response from the applicant, the applicant, with the letter of refusal provided by the bank agency, may travel to a Bank of France office which will designate, according to the procedure of the right to account, an establishment where a deposit account will be opened to the applicant.
4. Regardless of the channel used, the Bank of France designates the credit facility within one working day upon receipt of the full file. The Bank of France shall inform the designated agency (by fax or e-mail with confirmation of mail) within that period and, where applicable, the agency that initiated the procedure (use of the same support as the sending of origin, fax or e-mail). Thus:
- the applicant will receive a letter from the Bank of France informing him, in particular, of the name and address of the designated establishment to open the account;
―the applicant will also have the opportunity to obtain this information directly from the agency that initiated the procedure, if the applicant has authorized this communication on the application form for the right to the account.
Free banking services available in connection with the exercise of the right to account (art. D. 312-5 and D. 312-6 of the monetary and financial code)
They are listed as follows:
– opening, holding and closing of the account;
a change of address per year;
- bank identity records, if necessary;
- the domicile of bank transfers;
- the monthly sending of an account statement of operations;
- the execution of cash transactions;
- cashing cheques and bank transfers;
– deposits and withdrawals of species at the agency's window that takes the account;
― debit payments, interbank payment or bank transfer;
means of remote consultation of the balance of the account;
– a payment card with each use authorized by the credit facility that issued it;
– two bank cheques per month or equivalent means of payment offering the same services.
At the opening of the account by the establishment designated by the Bank of France, the licensee will sign an account agreement with that institution.
Account closing procedure
the right to account
The designated credit institution will notify its client and the Bank of France of any decision to close the account taken on the sole initiative of the establishment.
A period of forty-five days will then be respected before the effective closing of the deposit account.
Customer information
and training of banking operators
The French Banking Federation will renew, as soon as this charter comes into force, in the form of a communication to all its members, the information on the right to account and the related procedures. This charter will also be posted on the public websites of the French Banking Federation (FBF).
The training of client advisors, including those for new entrants and information systems for the use of credit institution networks, will include the necessary information on the right to account device.
The letter of refusal model to be used in all cases (natural or legal persons) pursuant to theArticle R. 312-3 of the Monetary and Financial Code will systematically include full information on the conditions for the right to account and the procedure to be followed.
The banking profession has developed a practical mini-guide on the right to the account to the customer. This mini-guide can be downloaded free of charge by all on the French Banking Federation's website at www. Lesclesdelabanque. com. It will also be provided free of charge to consumer associations who wish to do so by contacting the FBF.
A N N E X E 1
MODEL DE LETTER OF REFERENCE OF OVERVIEW
To the recto
Ma'am, sir,
You wanted to open a deposit account in our establishment.
However, we regret to inform you that we do not give a favorable response to your request.
We inform you, however, that in the event that you do not have a deposit account, you may, in accordance with the law on the right to account, contact the Bank of France closest to your home at the following address:
We also inform you that we can do this, on your behalf and on your behalf, to the Bank of France if you are a natural person and if you wish, after providing an identity document including a photograph and a proof of domicile.
The Bank of France will appoint you an establishment, which will manage your account.
In this case, you will automatically benefit from the designated establishment of a set of free banking services that you will find attached to the list.
We ask you to believe, Madam, sir, in the assurance of our distinguished sentiments.
Bank X
To the back
Procedure for exercising the right to account:
The monetary and financial code (art. L. 312-1) provides that any individual or company, domiciled in France, without a deposit account, is entitled to the opening of such an account in a bank.
If you don't have a deposit account and you couldn't get one, the institution that refused to open a deposit will give you this letter of refusal free of charge.
With this document, as well as a statement on the honour indicating that you do not have any other deposit account, an identity document with a photograph and a proof of domicile, you can go to the Bank of France office nearest to your home which will designate an institution where a deposit account will be opened to you according to the procedure of the right to account.
If you are a natural person, you can also ask the establishment who refused to open an account to make this approach on your behalf and on your behalf with the Bank of France. If you wish, it may inform you of this decision.
You will then benefit from the following free banking services related to the exercise of the right to account (art. D. 312-5 and D. 312-6 of the monetary and financial code) :
– opening, holding and closing of the account;
a change of address per year;
- bank identity records, if necessary;
- the domicile of bank transfers;
- the monthly sending of an account statement of operations;
- the execution of cash transactions;
- cashing cheques and bank transfers;
– deposits and withdrawals of species at the agency's window that takes the account;
― debit payments, interbank payment or bank transfer;
means of remote consultation of the balance of the account;
– a payment card with each use authorized by the credit facility that issued it;
– two bank cheques per month or equivalent means of payment offering the same services.
You must be notified, as well as the Bank of France, by a reasoned letter, of any decision to close this account taken at the initiative of the establishment designated by the Bank of France. A period of forty-five days must be granted to you before the effective closure of your deposit account.
A N N E X E 2
You can see the table in the OJ
n° 300 of 26 / 12 / 2008 text number 43
A N N E X E 3
You can see the table in the OJ
n° 300 of 26 / 12 / 2008 text number 43
Done in Paris, December 18, 2008.
Christine Lagarde
