Order No. 2009-866 15 July 2009 Concerning The Conditions Governing The Provision Of Payment Services And For The Establishment Of Payment Institutions

Original Language Title: Ordonnance n° 2009-866 du 15 juillet 2009 relative aux conditions régissant la fourniture de services de paiement et portant création des établissements de paiement

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Texts transposed Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 concerning the payment services in the internal market, amending directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing directive 97/5/EC implementing legislation Decree No. 2009-934, July 29, 2009, taken for the purposes of Ordinance No. 2009-866 15 July 2009 concerning the conditions governing the provision of payment services and establishing payment institutions Decree No. 2010-257 of 12 March 2010 made for the purposes of Ordinance No. 2009-866 15 July 2009 concerning the conditions governing the provision of payment services and establishing payment institutions Decree No. 2010-505, May 17, 2010, on the application in New Caledonia, French Polynesia and the Islands Wallis and Futuna of Decree n ° 2009-934, July 29, 2009, taken for the purposes of Ordinance No. 2009-866 15 July 2009 concerning the conditions governing the provision of payment services and establishing payment institutions Act No. 2010-737, July 1, 2010, on the reform of the consumer credit (1) Act No. 2010-737, July 1, 2010, on the reform of the consumer credit (1) Resume Application of article 38 of the Constitution of article 152 of the Act No. 2008-776 of August 4, 2008, to modernize the economy. Modification of the monetary and financial code, of the code of consumption, of the commercial code. Effective date: 01-11-2009. Partial transposition of directive 2007/64/EC of the European Parliament and of the Council concerning the payment services in the internal market, amending directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing directive 97/5/EC. Order ratified by article 38 of Act No. 2010-737, July 1, 2010.
Keywords economy, ARTICLE 38, CODE monetary and financial, CMF, consumer CODE, commercial CODE, delivery, payment SERVICE, CREATION, establishment of payment, currency SCRIPTURALE, INSTRUMENT of payment, payment system, service provider, establishment of CREDIT, investment company, European DIRECTIVE, TRANSPOSITION partial RATIFICATION corrigendum JORF n ° July 25, 2009 p.12422 records 0170 legislative Ordinance No. 2009-866 15 July 2009 legislative record JORF n ° 16 July 2009 page 11868 text no. 13 order No. 0162 2009 866 15 July 2009 concerning the conditions governing the provision of payment services and establishing payment NOR institutions: ECET0911069R ELI: https://www.legifrance.gouv.fr/eli/ordonnance/2009/7/15/ECET0911069R/jo/texte Alias: https://www.legifrance.gouv.fr/eli/ordonnance/2009/7/15/2009-866/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister of economy industry and employment, pursuant to the Constitution, particularly article 38;
Having regard to the Treaty establishing the European Community, particularly articles 47 and 95.
Having regard to the Treaty on European Union, including its article 15.
Having regard to Regulation (EC) No. 1781 / 2006 of the European Parliament and of the Council of 15 November 2006 on information on the payer accompanying transfers of funds;
Having regard to directive 2006 / 48 / EC of the European Parliament and of the Council of 14 June 2006 relating to access to the activity of credit institutions and its exercise;
Having regard to directive 2007 / 64 / EC of the European Parliament and of the Council of 13 November 2007 concerning the payment services in the internal market, amending directives 97 / 7 / this, 2002 / 65 / EC, 2005 / 60 / EC and 2006 / 48 / this and repealing directive 97 / 5 / EC;
Seen the civil code;
Having regard to the penal code;
Having regard to the code of insurance;
Having regard to the code of commerce;
Having regard to the code of consumption;
Seeing the code monetary and financial;
Pursuant to law n ° 2008 - 776 of August 4, 2008, modernization of the modified economy, including the c of 4 ° and 5 ° of article 152;
Having regard to the opinion of the Advisory Committee of legislation and financial regulations dated May 13, 2009;
Having regard to the opinion of the competition authority dated June 26, 2009;
The Council of State (finance section) heard;
The Council of Ministers heard, ordered: title I:: provisions amending the CODE monetary and financial chapter I:: provisions relating to the INSTRUMENTS of the currency SCRIPTURALE Article 1 in more on this article...

I.-L'article L. 131 - 45 of the monetary and financial code is amended as follows: 1 ° in the first paragraph, after the words: 'a banker,' shall be inserted the words: "to a payment institution";
2 ° to the second subparagraph, the first sentence, after the words: ' the banker' are inserted the words: 'or the payment institution' and the words: 'it' are replaced by the words: «the banker». The second sentence, after the words: 'the banker' are inserted the words: "or the payment institution";
3 ° in the third preambular paragraph, after the words: 'A banker' are inserted the words: 'or a payment institution' and the words: "or another banker", are replaced by the words: ", another banker or a payment institution";
4 ° in the fifth preambular paragraph, the words: "or the banker" are replaced by the words: ", the banker or the payment institution";
II. - in the third paragraph of article L. 131 - 71 of the code, the words: "or an equivalent institution" are replaced by the words ", a related institution or a payment institution.
III.-L'article L. 131 - 85 of the code is amended as follows: 1 ° in the first paragraph, after the words: "organizations mentioned in the 5 article L. 511 - 6," shall be inserted the words: 'payment institutions ';
2 ° in the last preambular paragraph, the word: «and» is replaced by: ',' and after the words: "agencies mentioned in the 5 article L. 511 - 6" shall be inserted the words: "and payment institutions.
IV. - Chapter IV of title III of book I of the code becomes chapter II of the same title: 1 ° article L. 132 - 1 is hereby repealed and article L. 134 - 1 becomes article L. 132-1;
2 ° article L. 132 - 2 is repealed and article L. 134 - 2 becomes article L. 132 - 2;
3 ° articles L. 132 - 3 in L. 132 - 6 are repealed.
V. - Chapter III of title III of book I of the same code is replaced by the following provisions: "chapter III" the rules applicable to the other instruments of payment "Section 1" scope and definitions "Art.L.»»»»»» 133.-I ― the provisions of this chapter apply to payment operations carried out by payment service providers mentioned in book V within the framework of activities defined in article L II. 314-1.
«II. — with the exception of those of the I of article L. 133 - 14, the provisions of this chapter shall apply if the beneficiary's payment service provider and the payer are located on the territory of metropolitan France, in the overseas departments, Saint-Barthélemy, Saint-Martin, Mayotte or Saint Pierre and Miquelon and the transaction is carried out in euro. '.
"With the exception of those of the I of article L. 133 - 14, the provisions of this chapter also apply if the beneficiary's payment service provider and the payer are located, one on the territory of the France metropolitan, in the overseas departments, Saint-Martin and Saint-Barthélemy, the other on the territory of metropolitan France, overseas departments. Saint-Martin and Saint-Barthélemy in another Member State of the European Community or in another State party to the agreement on the European economic area, and that the operation is carried out in euro or in the currency of a Member State which does not belong to the euro zone.
"III. — the provisions of this chapter shall not apply to payment transactions between service providers of payment for their own account. ''
«Art.L. 133-1 - 1.-I. ― If the payer's payment service provider is situated in Saint Pierre and Miquelon or Mayotte and the beneficiary's payment service provider is situated outside France, regardless of the currency used for the payment transaction, the following provisions shall apply: ' a) the provisions of section 5 of this chapter;
'b) the provisions of section 6 of this chapter for unauthorized card payment transactions. In this case, by way of derogation from the second paragraph of article L. 133 I - 19, the payor supports, before the information laid down in article L. 133 - 17, losses relating to the use of the instrument lost or stolen within the limit of a ceiling of €150 in case of unauthorized payment made without use of the custom; safety device
«c) the provisions of the first paragraph of article L. 133-- 23 and article L. 133 24 for unauthorized card transactions. '' In this case, by way of derogation from article L. 133 - 24, the thirteen month period shall be reduced to 70 days. It can be extended contract shall not exceed one hundred twenty days.
«II. — the provisions of I also apply if the payer's payment service provider is situated on the territory of metropolitan France, in the overseas departments, Saint-Martin and Saint-Barthélemy and the beneficiary's payment service provider is situated in a State which is not a member of the European Community or party to the agreement on the European economic area. regardless of the currency used for the payment transaction.

«Art.L. 133-2.-except in cases where the user is a natural person acting for needs non-professional, may be derogated from by contract under the provisions of article L. 133-1-1, the second subparagraph of article L. 133 - 7, articles L. 133 - 8, L. 133 - 19, L. 133 - 20, L. 133 - 22, L. 133 - 23, L. 133 - 25, L. 133-25-1, L. 133-25-2 and I of article L. 133-26.»
«Art.L. 133 - 3.-I. — a payment transaction is an action consisting of pay, transfer or withdraw funds, irrespective of any underlying obligations between the payer and the beneficiary, ordered by the payer or the recipient. ''
«II. — the payment transaction may be ordered: ' a) by the payer, who gives a payment order to his payment service provider;
"(b) by the payer, who gives a payment order through the beneficiary who, after having received the order of the payer's payment, sends it to the payer's payment service provider, where appropriate, through its own payment service provider;
"(c) by the beneficiary, giving a payment order to the service provider of the payer's payment, based on the consent given by the payer to the recipient and, where appropriate, through its own payment service provider.
«Art.L. 133-4.-for the purposes of this chapter: ' a) a custom safety device means any technical means affected by a payment service provider to a given user for the use of a payment instrument.» This device, the user of payment services and placed in his custody, aims to authenticate it.
' (b) an identifier unique means a combination of letters, numbers or symbols specified to the payment service user by the payment service provider, the payment service user must provide for either Alternatively or cumulatively the certain identification of the other user of her account of payment for the payment transaction and payment services;
"(c) an instrument of payment means, alternatively or cumulatively, any custom device and the set of procedures agreed between the payment service user and the provider of payment services and which the payment service user has recourse to give a payment order;
"(d) a working day is a day in which the service provider performs services of the payer's payment or the recipient an activity to perform payment operations.
«Art.L. 133-5.-liability under sections 2 to 9 of this chapter does not apply to cases of force majeure, or where the payment service provider is bound by other legal obligations provided for by national or community laws. '.
«Section 2 ' authorization of a payment transaction 'Art.L.»» 133 - 6.-I. — a payment transaction is authorized if the payer has given consent to execution.
"However, the payer and his payment service provider may agree that the payer may give his consent to the payment transaction after execution of the latter.
'II. — a series of payment transactions is authorized if the payer has given consent to the implementation of the series of transactions.
«Art.L. 133-7.-the consent is given in the form agreed between the payer and his payment service provider. ''
"In the absence of such consent, the transaction or the series of payment transactions shall be deemed authorized.
«The consent may be withdrawn by the payer if the payment order has not acquired a character of irrevocability in accordance with the provisions of article L. 133 - 8»
"Consent to the execution of a series of payment transactions may be removed, with effect that any subsequent operation is deemed not authorized.
«Art.L. 133 - 8.-I. ― the payment service user may not revoke a payment order once received by the service provider of the payer's payment unless otherwise provided in this section. ".
«II. — when the payment transaction is ordered by the beneficiary or the payer who makes an order of payment through the beneficiary, the payer may revoke the payment order before passing the payment order to the beneficiary or its consent to the execution of the payment to the recipient transaction. ''
' However, in cases of sampling and without prejudice to the right to reimbursement referred to in article L. 133 - 25, the payer may revoke the payment order at the latest at the end of the business day preceding the day agreed for debiting funds. ''
"III. — where it has been agreed between the user who ordered the payment transaction and its service provider of payment that the execution of the payment order will begin a given day or at the end of a specified period or the day when the payer will put the funds at the disposal of its payment service provider, the payment service user may revoke the payment order at the latest at the end of the working day preceding. agreed;
"IV. ― expiry of the time limits mentioned at I, II and III, the payment order may be revoked only if the payment service user and his payment service provider have agreed. '' In the cases mentioned in II, the consent of the recipient is also required. If the deposit account agreement or the payment services framework contract so provides, the payment service provider may charge for revocation.
«Section 3 "Conditions for the execution of a payment transaction 'Art.L.»» 133-9.-the time of receipt is the time when the payment order is received by the payer's payment service provider.
"If the payment service user who ordered the payment transaction and his payment service provider agree that the execution of the payment order will begin a given day or at the end of a specific period or the day where the payer will put the funds at the disposal of its payment service provider, the time of receipt shall be deemed to be the agreed day.
«If the time of receipt is not a working day for the payer's payment service provider, the payment order is deemed to have been received the next business day.»
«Art.L. 133 - 10.-I. — when the payment service provider refuses to execute a payment order, it shall notify the user of payment services, or updates the notification to its disposal according to agreed terms, as soon as possible and in any event within a period not exceeding that provided for in article L. 133 - 13, and gives him. If possible and unless a ban under other community or national legislation the reasons. Where the refusal is justified by a clerical error, it says, if possible, the user of payment services how to correct this error.
"Deposit account agreement or the payment services framework contract may provide for the possibility for the payment service provider to charge a fee for such a notification if the refusal is objectively justified.
"For the purposes of articles L. 133 - 13 and L. 133 - 22, a denied payment order shall be deemed not received. ''
"II. — in the case of sampling, where the amount credited to the maturity on the beneficiary's account is an advance, the framework contract of payment services or the deposit account agreement provides the consequences of the reversal of the operation when it is not charged to the account of the payer.
«Art.L. 133-11.-the payer's payment service provider and the recipient and their intermediaries involved in implementing a payment transaction transfer the total amount of the payment transaction and cannot collect charges on the amount transferred. ''
"However, the beneficiary may agree with his provider of payment services that latter previously charging fees that it is owed on the amount transferred. In this case, the total amount of the payment transaction and charges are separated in the information given to the beneficiary.
"If other charges are deducted from the amount transferred, when the payment transaction is ordered by the payer, the payer's payment service provider shall ensure that the recipient receives the total amount of the transaction. Where the payment transaction is ordered by the beneficiary or the payer who gives a payment order through the beneficiary, the beneficiary's payment service provider shall ensure that it receives the total amount of the payment transaction.
«Section 4 "delay execution of payment transactions and value dates «Art.L.»» 133-12.-without prejudice to the provisions of article L. 133 - 1, the provisions of this section shall apply to payments made in euros and payment transactions involving only one conversion between the euro and the currency of a State party to the agreement on the European economic area not covered by the euro area, provided that the conversion required to be performed in that State and that , in the case of cross-border payment transactions, the cross-border transfer is carried out in euros.

"They also apply to the payment transactions other than those referred to in the preceding paragraph, unless otherwise agreed between the payment service user and his payment service provider. However, where the payment service provider and the user agree to longer time periods than those set out in article L. 133 - 13, this period may not exceed four working days from the moment of receipt of the payment order.
«Art.L. 133 - 13.-I. — the amount of the payment transaction is credited to the account of the beneficiary's payment service provider at the latest at the end of the first working day following the time of receipt of the order for payment as defined in article L. 133-9.» This period may be extended by one additional business day for payment transactions ordered on paper.
"Until January 1, 2012, for the purposes of this article, the payer and the payment service provider may agree to a different execution time, not exceeding three days. This period may be extended by one additional business day for payment transactions ordered on paper.
«II. — the beneficiary payment service provider transmits a payment order given by the beneficiary or the payer who gives an order of payment through the beneficiary, the payer's payment service provider within the time limits agreed between the payee and his payment service provider. These deadlines must allow regulation of the levies on the agreed date.
"III. — when the recipient of a payment is not the holder of an account with the payment service provider, the funds are made available by the payment service provider that receives the funds within the time limits provided for in this article. '.
«Art.L. 133 - 14.-I. — the value date of a sum credited to the account of the beneficiary cannot be later than the working day in which the amount of the payment transaction is credited to the account of the beneficiary's payment service provider. ''
"Beneficiary payment service provider updates the amount of the transaction available to the beneficiary after his own account has been credited.
"The value date of the debit to the account of the payer's payment cannot be earlier than the day the amount of the payment transaction is debited from the account.
'These provisions shall apply if one of the payment service providers involved in the operation is located on the territory of metropolitan France, in the overseas departments, Saint-Martin, Saint-Barthélemy, Mayotte or Saint Pierre and Miquelon.
"Any date T otherwise is deemed unwritten.
«II. — when a natural person is acting not for professional purposes paid species on an account with a provider of payment services, in the currency of this account, the payment service provider shall ensure that the amount paid is made available and receives a value date as soon as funds are received.»
"When the payment is made by one person other than that referred to in the preceding paragraph, the amount paid is made available and receives a value date to no later than the working day following that of reception funds. ''
"Section 5"Obligations of the parties in matters of payment instruments 'Art.L. 133 - 15.-I. — the service provider payment issuing a payment instrument must ensure that the custom security devices of this instrument as defined in article L. 133 - 4 are not accessible to persons other than the authorized user to use this instrument.
"Payment service provider fails to send any unsolicited payment instrument, except where a payment instrument already given to the payment service user must be replaced.
«II. — the payment services provider sets up appropriate means allowing the user to proceed at any time to the information laid down in article L. 133 - 17.
"It provides on request to the user the means to prove that he has made the information laid down in article L. 133 - 17, in the conditions laid down by Decree. ''
«III. — the payment services provider prevents use of the instrument of payment after having been informed, in accordance with the provisions of article L. 133 - 17, his loss, his flight, its diversion or any unauthorized use of the instrument of payment or data related thereto.
"IV. — the payment services provider supports the risk associated with sending to the payer of a custom instrument of payment or any safety device of it.
«Art.L. 133-16.-as soon as he receives a payment instrument, the payment service user takes all reasonable measures to maintain the security of its customized safety devices. ''
"He uses the payment instrument in accordance with the conditions governing its issuance and usage.
"Art.L. 133 - 17.-I. ― when knowledge loss, theft, diversion or any unauthorized use of his instrument of payment or data related thereto, the payment service user shall inform without delay, to the purpose of blocking of the instrument, its service provider or the entity designated by it. ''
"II. — when the payment is made by a payment card issued by a credit institution, an institution or a service referred to in article L. 518 - 1 and allowing its holder to withdraw or transfer funds, there may be an objection to the payment procedure of reorganization or liquidation of the beneficiary. ''
«Section 6 "challenge and responsibility in the event of unauthorized payment transaction ' subsection 1" Regime of responsibility ' Art.L.»»»»»» 133-18.-in the event of unauthorized payment transaction reported by the user under the conditions laid down in article L. 133 - 24, the payer's payment service provider shall immediately reimburse the payer the amount of the unauthorized operation and, where applicable, restores the account debited in the State where he would be found if the unauthorised payment transaction had not taken place.
"The payer and his payment service provider may decide contractually a supplementary allowance.
«Subsection 2 "special case of payment instruments equipped with a safety device custom «Art.L.»» 133 - 19.-I. ― in the case of unauthorized payment transaction consecutive to the loss or theft of the payment instrument, the payor supports, before the information laid down in article L. 133 - 17, losses relating to the use of this instrument, within the limit of a maximum of €150.
"However, the liability of the payer is not engaged if carried out unauthorized payment transaction without the use of custom safety device.
«II. — the responsibility of the payer is not engaged if the unauthorized payment transaction was made by diverting, without the knowledge of the payer, the payment instrument or data related thereto.
"She is not engaged either in the event of infringement of the instrument of payment if, at the time of the unauthorized payment transaction, the payer was in possession of his instrument.
"III. ― except fraudulent actions on his part, the payer will bear any financial consequences if the payment service provider does not appropriate for information for the purpose of blocking of the payment provided for in article L. 133 - instrument 17.
"IV. ― the payor supports all losses due to payment transactions not authorised if these losses are the result of a fraudulent actions on his part or if it has not complied with intentionally or through gross negligence to the obligations referred to in articles L. 133 - 16 and L. 133 - 17.
«Art.L. 133-20.-after having informed his provider, or the entity designated by it, in accordance with article L. 133 - 17 for the purposes of blocking of the payment instrument, the payer bear any financial consequences resulting from the use of this instrument of payment or the misuse of data associated with him except fraudulent actions on his part.» Section 7 "sub-section liability payment evil transaction executed 'Art.L. 133-21.-a payment order executed pursuant to ID unique supplied by the user to the payment service is deemed to be duly executed in respect to the designated beneficiary by ID unique.
"If the ID unique supplied by the payment service user is incorrect, the payment service provider is not responsible for the improper performance of the payment transaction. ''
"However, the payer's payment service provider shall endeavour to recover the funds involved in the payment transaction.
"If provided the deposit account agreement or the payment services framework contract, the payment service provider may charge a collection fee to the payment service user.
«If the payment service user provides information in addition to ID unique or the information defined in the convention of deposit account or the framework contract of payment services as necessary for the purposes of the correct execution of the payment order, the payment service provider is responsible for the execution of the payment transaction in accordance with identifier unique provided by the payment service user.»

«Art.L. 133 - 22.-I. ― when the payment order is given by the payer, his payment service provider shall, subject to articles L. 133 - 5 and L. 133 - 21, responsible for the good execution of the payment transaction to the payor to the receipt of the amount of the payment transaction in accordance with article L. 133 I - 13, by the payment of the beneficiary services provider. '' Then, the beneficiary's payment service provider is responsible for the proper execution of the transaction of payment to the beneficiary.
"When the payer's payment service provider is liable in respect of the first paragraph, the poorly executed payment transaction, he shall return without delay its amount to the payer. If need be, it resets the account debited in the situation that would have prevailed if the poorly executed payment transaction had not taken place.
"When the beneficiary's payment service provider is liable under the first subparagraph, it immediately the amount of the payment transaction at the disposal of the beneficiary and, if necessary, credit his account of the corresponding amount.
II. — when a payment transaction is ordered by the beneficiary or the payer who gives a payment order through the beneficiary, the beneficiary's payment service provider is, subject to articles L. 133 - 5 and L. 133 - 21, responsible for the beneficiary of the correct transmission of the payment order to the service provider of the payer's payment in accordance with the procedures agreed to allow execution of the operation in accordance with the prescribed II of article L. 133 - 13.
"Failure of transmission, the beneficiary's payment service provider immediately rebroadcasts the payment order to the service provider of the payer, who then becomes responsible for the proper execution of the transaction's payment.
«As soon as the amount was put at its disposal by the payer's payment service provider, the payment to the recipient service provider becomes liable to the beneficiary, subject to articles L. 133 - 5 and L. 133 - 21, the immediate processing of the payment transaction in accordance with the obligations entrusted to it in the title of the article L I. 133-14.»
"In the event of payment transaction poorly executed, when the beneficiary's payment service provider is not responsible for the service provider of the payer's payment, whose responsibility is therefore committed, renders the payer, if necessary and without delay, the amount of the poorly executed payment transaction and resets the account debited in the situation that would have prevailed if the poorly executed payment transaction had not taken place. ''
"III. — in the case of a poorly executed payment transaction, without prejudice to its responsibility, the user's payment service provider strives immediately, upon request, to trace the payment transaction and notifies the outcome of its research to its user.
"IV. ― payment service providers are accountable to their respective users of payment services, fees and interests supported by the payment service user attributable to faulty execution of the payment transaction which they are responsible.
"Section 8"practical modalities and deadlines in cases of unauthorized or incorrectly executed payment transactions 'Art.L. 133-23.-when a payment service user denies having authorised a payment transaction that has been executed, or claims that the payment transaction was not correctly performed, it is the responsibility of its provider of payment services to prove that the transaction in question has been authenticated, duly registered and recognised and not been affected by technical or other disabilities.
"The use of such payment instrument recorded by the payment service provider does not necessarily as such to prove that the operation was authorized by the payer or that it has not met intentionally or by serious negligence to its obligations in this matter.
«Art.L. 133 - 24.-L' payment service user points out, without delay, to his payment service provider an operation of unauthorized or incorrectly executed payment and no later than thirteen months of the date of debit under penalty of foreclosure unless the payment services provider has not provided or has not made available information about this payment transaction in accordance with chapter IV of title 1 of. Book III.
'Except in cases where the user is a natural person acting for non-professional needs, the parties may decide to derogate from the provisions of this article.
"Section 9" refund of a payment transaction ordered by the beneficiary or the payeurqui gives a payment order through the beneficiary 'Art.L. 133 25.-I. ― the payer is entitled to the reimbursement by its service provider of an authorised payment transaction payment services, ordered by the beneficiary or the payer who gives an order of payment through the beneficiary, if the authorization given did not the exact amount of the payment transaction and if the amount of the transaction exceeded the amount to which the payer could reasonably be expected taking into account the profile of its spending past conditions laid down by his framework contract and the operation-specific circumstances.
"At the request of the payment service provider, the payer provides all elements relating to the refund claim.
"II. — where the amount of the transaction exceeds the amount to which the payer could reasonably be expected in accordance with the, the payer may not invoke a currency exchange reasons if the reference exchange rate agreed with his payment service provider has been applied.
"III. ― the payer presents its refund claim before the expiry of a period of eight weeks from the date on which the funds were debited. Within ten working days of receipt of the application for refund, the payment service provider shall reimburse the total amount of the payment transaction either justifies its refusal to reimburse, indicating the possibility of recourse to the mediation referred to in article L. 315 - procedure 1.
"IV. ― the rebate in this section corresponds to the total amount of the executed payment transaction.
"Art.L 133-25-1.-for levies, the payer and his payment service provider may agree in the account agreement, to deposit or in the framework contract of payment services that the payer is entitled to reimbursement by his payment service provider even if the conditions laid down in article L. 133 I - 25 are not satisfied. '' The payment service provider may refuse reimbursement.
«Art.L 133-25-2.-the payer and his payment service provider may agree in the agreement of deposit account or in the framework contract of payment services that the payer is not entitled to reimbursement when it gave its consent to the execution of the payment transaction directly to his payment service provider and, where applicable, information on the future payment transaction was provided to the payer or placed at his disposal by. the way agreed, at least four weeks before the due date, the payment service provider or by the beneficiary.
«Section 10 "charges «Art.L.»» 133 - 26.-I. ― the payment service provider may charge to the user of payment services for the fulfilment of reporting obligations and the execution of corrective and preventive measures under this chapter, except as provided in the IV of article L. 133 - 8, at the I of article L. 133 - 10 and article L. 133-21. The costs referred to in the aforementioned articles are agreed between the payment service user and the payment service provider and must be appropriate and in relation to the costs actually incurred by the payment service provider.
"II. — the amount of the costs arising from an incident of payment other than the rejection of a cheque is capped under conditions laid down by Decree, depending on the nature and amount of the incident, not to exceed in any event this last amount.
«Art.L. 133-27.-where a payment transaction involves no monetary conversion, each user is liable for the charges levied by his payment service provider. ''
«Section 11 "Instruments reserved for payments of small amounts 'Art.L.»» 133 - 28.-I. — a decree defines the maximum amounts for payment, expenses or storage of funds below which payment instruments designed to ensure that these thresholds are considered as reserved for payments of small amounts.
«II. ― for the instruments mentioned in the I, the payment service provider may agree with the payer that: ' 1 ° the payer may not revoke the payment order after it or after giving its consent to the execution of the operation's payment to the beneficiary;
«2 ° other timeframes than those mentioned in article L. 133 - 13 may apply;
«3 ° the payment service provider is not required to notify the payment service user the refusal of the payment order if the payment user knowledge at the passing of his payment order;

«4 ° II and III of article L. 133 - 15, article L. 133 - 17, III of article L. 133 - 19 and article L. 133 - 20 may not apply to the instruments mentioned in the I for which the payment service provider is not the ability to block the account or the payment instrument;
«5 ° article L. 133 - 18, I, II and IV of article L. 133 - 19 and article L. 133 - 23 may not apply to the instruments mentioned in this article if the instrument is used anonymously or the payment service provider is not able for other reasons inherent to the payment instrument to demonstrate that a transaction has been authorized.»

Chapter II: Other provisions relating to the coin Article 2 in more on this article...

I. - Chapter II of title I of book I of the penal code is amended as follows: 1 ° in the second paragraph I of article L. 112 - 6, after the word: "postal" shall be inserted the words: "or to an account held by an institution payment."
2 ° a article L. 112 - 8, after the words: 'credit institution' shall be inserted the words: 'or on a payment institution ";
3 ° it is created a section 5 as follows: "Section 5" fees or reduction for the use of a given payment instrument 'Art.L.»» 112-1.-payment services providers cannot contractually limit the possibility for a beneficiary to charge or offer a discount to paying for the use of a given payment instrument. Any contrary provision is null and void.
«Art.L. 112-12.-when the recipient of a payment offers a discount to paying for the use of a given payment instrument, it shall inform it before the payment transaction commitment. ''
'The beneficiary may apply charges for the use of a given payment instrument. It cannot be derogated from this prohibition under conditions set by Decree, after receiving the opinion of the competition authority, taking into account the need to encourage competition and promote the use of effective means of payment. "II. - Chapter I of title IV of the same book is amended as follows: 1 ° to the I of article L. 141 - 6, after the words:"by the credit institutions' shall be inserted the words: "payment institutions,";
2 ° in article L. 141 - 8 is added a 8 worded as follows: ' 8. payment institutions governed by chapter II of title II of book V.» III. - Chapter II of title V of the same book is amended as follows: 1 ° in article L. 152 - 1, after the words: "without the intermediary of a credit institution," shall be inserted the words: "of a payment institution";
2 ° a article L. 152 - 3, after the words: "Credit institutions" shall be inserted the words: ", payment institutions.
IV.-L' title of chapter III of title VI of the same book is replaced by the heading: 'Offences relating to cheques and other instruments of Scriptural' and this chapter is amended as follows: 1 ° article L. 163 - 3 is amended as follows: a) in paragraphs 1 and 2, after the word: 'cheque' shall be inserted the words: "or other instrument referred to in article L. 133-4»
(b) at 3, after the words: "receive a" shall be inserted the words: 'payment by means of a' and the word: 'cheque' shall be inserted the words: "or other instrument referred to in article L. 133 - 4»
2 ° article L. 163 - 4 is repealed;
3 ° A article L. 163-4-1, the words: ' and 1 ° of article L. 163 - 4 "are deleted and article L. 163-4-1 becomes article L. 163 - 4;
4 ° A article L. 163-4-2, the words: ", 1 ° of article L. 163 - 4" are deleted, the words: "L. 163-4-1" are replaced by the words: "L. 163 - 4» and article L. 163-4-2 shall become article L. 163-4-1;
5 ° in article L. 163 - 5, the words: 'cards of payment or withdrawal' shall be replaced by the words: "other instruments referred to in article L. 133 - 4" and the word: 'objects' is replaced by: 'instruments '.
6 ° in article L. 163 - 8, after the words: "articles L. 163 - 2, L 163 - 3" shall be inserted the words: «with regard to provisions on cheque»;
7 ° in article L. 163-10-1, the reference: "L. 163-4-1" is replaced by the reference: "L. 163 - 4.
8 ° in article L. 163 - 11, the words: «L. 132 - 1 and L. 132 - 2 related» are replaced by the words: "L. 133 - 1 to L. 133 - 29 when they apply.

Chapter III: The SERVICES of payment and systems of payment Article 3 in more on this article...

Title I of Book III of the code is entitled "operations of banks and payment services" and its chapter I is amended as follows: 1 ° in article L. 311 - 1, the words: "the making available to the customer or the management of means of payment" shall be replaced by the words: 'banking payment services ";
2 ° in article L 311 - 2 is added a 7 worded as follows: ' 7. payment services mentioned in II of article L. 314 - 1. ';
3 ° the title of section 3 becomes: "Definition of the operations available to the customer or management of means of payment" and this section is thus amended: has) 3 is inserted after the first paragraph of article L. 311 - a paragraph worded as follows: ' operations provision of customer or management of means of payment include banking payment services referred to in article L. 311 - 1 and payment listed services. Figure II of article L. 314 - 1. » ;
(b) after article L. 311 - 3 is inserted an article L. 311 - 4 worded as follows: 'Art.L. 311-4.-are not considered as disposal or management of means of payment the following activities: 1 ° the achievement of payment transactions executed by means of a telecommunications or another digital device or computer, when the system of telecommunication, digital or it operator does not act only as an intermediary. This condition is fulfilled when the goods or services purchased are delivered and must be used using this communication, or this device digital or computer;
«2 ° payment transactions between a parent undertaking and its subsidiary or between subsidiaries of the same parent undertaking, or within a group, without any other provider of payment services that a company of the same group make intermediary office. ''


Article 4 more on this article...

Chapter II of title I of Book III of the code is amended as follows: 1 ° section 1 includes a 1 subsection titled: "Right to the account", which includes article L. 312 - 1 and subsection 2 entitled: "Relations of credit with client institutions", which includes articles L. 312-1-1 and L. 312-1-2;
2 ° the I of article L. 312-1-1 is amended as follows: a) in the first subparagraph, the words: 'and finance' are deleted;
(b) in the second paragraph, the words: "for any account opened from February 28, 2003" shall be deleted and the phrase: "the acceptance of this agreement is formalized by the signature of the holder of the account" is deleted;
(c) the third subparagraph is deleted;
(d) in paragraph 5, the words: 'and finance' shall be deleted;
(e) the sixth and seventh paragraphs are replaced by four paragraphs thus worded: "before the client is bound by this agreement, the credit institution informs her those conditions on paper or on another durable medium. The credit institution may fulfil this obligation by providing the customer a copy of the draft convention's deposit account.
"If, at the request of the client, that agreement is made by a means of communication distance do not allow the credit institution to comply with the preceding paragraph, the latter meets its obligations immediately after the conclusion of the convention's deposit account.
"Acceptance of the deposit account agreement is formalized through the signature of the holder of the account.
"When the credit institution is required to offer its customers new benefits of payment service which was not mentioned in the deposit account agreement, these new benefits-related information subject to a framework contract of payment services governed by the provisions of sections 2 to 4 of chapter IV of this title relating to the framework contract of payment or an amendment of the convention of deposit account services in the. requirements of this section II. » ;
3 ° the II of article L. 312-1-1 is amended as follows: a) the first subparagraph is replaced by the following: "any proposed amendments to the deposit account agreement shall be communicated on paper or on another durable medium to the customer at the latest two months before the date of intended application. As laid down in the convention of deposit account, informed credit institution the client that he is deemed have accepted the amendment if he has not notified, before the date of entry into force proposed this amendment, that he accepted it in this case, the credit institution specified also that, if the customer refuses the proposed amendment, it can terminate the account free of charge, before the date of entry into force proposed the amendment. » ;
(b) the second subparagraph is deleted;
4 ° the III of article L. 312-1-1 is repealed;
5 ° after the II of article L. 312-1-1 shall be inserted an III an and IV a thus worded: 'III. ― The client can terminate the account at any time, except contractual stipulation of a notice which may not exceed 30 days.

"Beyond 12 months, the deposit account agreement may be terminated without charge. In other cases, termination charges must be commensurate with the costs arising from such termination.
"The credit institution terminates an deposit account agreement entered into for an indefinite period without at least two months ' notice. The regular charges for the provision of payment services are due by the customer only in proportion to the period expired on the date of termination of the deposit account agreement. If they have been paid in advance, these expenses are reimbursed pro rata.
"IV. — at any time of the contractual relationship, the credit institution provides at the request of the user under the agreement of account on paper or on another durable medium.
"The credit institution cannot refuse the provision to the client of a convention drawn up on paper.
"V. ― for each payment transaction mentioned in article L. 314 - 2 under a deposit account agreement and ordered by the payer, the payment service provider provides, at its request, information on the execution timeout of this specific operation, on charges it must pay and, where appropriate, on the details of these charges.";
6 ° after the last paragraph I of article L. 312-1-2, a paragraph as follows is added: 'these provisions shall apply also to the payment services referred to in II of article L. 314 - 1';
7 ° the II of article L. 312-1-2 is repealed;
8 ° the articles L. 312-1-3 and L. 312-1-4 are repealed;
9 ° in the second paragraph of article L. 312 - 4, after the words: 'funds of credit institutions' shall be inserted the words: 'of payment institutions,".


Article 5 read more on this article...

I. - in title I of Book III of the code is inserted a chapter IV which reads as follows: "chapter IV" payment services "Section 1" Definitions "Art.L.»»»»»» 314 - 1.-I. — is a payment account, an account held on behalf of one or several persons, used for the purpose of executing payment transactions.
«II. ― are payment services: "1 ° services allowing payment of cash on a payment account and a payment account management operations;
«2 ° services allowing the withdrawal of cash on a payment account and a payment account management operations;
«3 ° the execution of the following payment transactions associated with a payment account: ' a) levies, including authorized unit; levies
«b) payment transactions with a payment card or a similar device;
"(c) transfers, including standing orders;
«4 ° executing the following payment transactions associated with a credit opening: ' a) levies, including authorized unit; levies
«b) payment transactions with a payment card or a similar device;
"(c) transfers, including standing orders;
«5 ° issuing payment instruments and / or acquisition of payment orders;
«6 ° money remittance services;
"7 ° execution of payment transactions, when the consent of the payer is given by means of any telecommunication, digital or it device and the payment is sent to the operator of the system or the network of telecommunication or computer science, acting only as an intermediary between the payment service user and the supplier of goods or services.
«III. ― is not considered as a payment service: "1 ° transactions based on one of the following documents drawn on the payment service provider with a view to placing funds at the disposal of the beneficiary: ' a) a title of service on support paper;»»»
«b) a cheque for travel on support paper;
«c) a postal order on paper as defined by the Universal Postal Union;
«2 ° the Director of payment operations related to service assets and securities, including those on an account on libretto, on an account referred to in title II of book II, on a term or on a title account account referred to in chapter I of title 1 of book II as well as a species that is specifically associated with account. ''
"IV. ― is a durable medium, any instrument which enables the payment service user to store information addressed to him personally, in a manner such that this information can be later consulted a period adapted to their purpose and reproduced identically.
«Section 2 ' scope 'Art.L.»» 314 - 2.-I. — the provisions of this chapter apply to payment transactions made by payment service providers mentioned in book V within the framework activities defined in article L II. 314-1.
«II. — the provisions of this chapter shall apply if the beneficiary's payment service provider and the payer are located on the territory of metropolitan France, in the overseas departments, Saint-Martin, Saint-Barthélemy, Mayotte or Saint Pierre and Miquelon, and the transaction is carried out in euros. ''
"They also apply if the beneficiary's payment service provider and the payer are located on the territory of the France metropolitan, in the overseas departments, to Saint-Martin or Saint-Barthélemy, the other on the territory of metropolitan France, in the overseas departments, Saint-Martin and Saint-Barthélemy in another Member of the Community European or in another State party to the European economic area agreement. , and that the operation is carried out in euro or in the currency of a Member State which does not belong to the euro area.
«Art.L. 314-3.-the stipulations of the deposit account conventions listed in article L. 312-1-1 I regulating payment transactions are subject to the provisions of this chapter. ".
«Art.L. 314-4.-the provisions of this chapter shall not apply to payment transactions between service providers of payment for their own account. ''
«Art.L. 314-5.-except in cases where the user is a natural person acting for needs non-professional, may be waived in whole or in part of the provisions of sections 3 to 5 of this chapter. ".
«Art.L. 314-6.-the provisions of this chapter shall apply without prejudice to the additional screening information requirements by other texts.»
«Section 3 "costs related to the provision of information «Art.L.»» 314 - 7.-I. — the provision of the information specified in this chapter is carried out free of charge for the payment service user.
«II. — the payment service provider and its customer may agree to supply additional information to that provided for in this chapter, or a recurrence of more frequent information and by means other than those provided for in the convention of deposit account or the payment services framework contract. The payment service provider and its customer may then agree to costs relating to these additional benefits. These costs must be appropriate and in relation to the costs actually incurred by the payment service provider.
"III. — during the month of January of each year, is brought to the attention of individuals and associations a separate document summarizing the total of the amounts charged by the provider of payment service during the previous calendar year to the title of products or services enjoyed by these people in the management of their payment or account in the application of the framework contract of services of payment or a deposit account agreement; in the case of a deposit account, this summary includes, where applicable, interest income in respect of a debtor position. This summary distinguishes, for each category of products or services related to the management of the account of payment or deposit, the subtotal of charges and the number of products or corresponding services.
"IV. — when the recipient proposes to the payor a currency conversion service, it is required to inform all applied fees, as well as the exchange rate that will be used for the purposes of the conversion of the payment transaction. ''
«Section 4 ' disclosure requirements 'Art.L.»» 314-8.-information and conditions laid down in this section are provided in different words and in a clear and understandable form. They shall be communicated in french unless otherwise agreed by the parties.
«Sub-section 1 "payment transactions isolated «Art.L.»» 314-9.-the provisions of this subsection apply to the payment transactions are not related to a deposit account agreement provided for in the I of article L. 312-1-1 or a framework contract for services of payment provided for in subsection 2.
«Art.L. 314-10.-when a payment order for a remote payment transaction is transmitted through a payment instrument covered by a framework contract of payment services governed by the provisions of subsection 2 or a convention of deposit account governed by the provisions of the I of article L. 312-1-1, the payment service provider is not obliged to provide the user or make available the information referred to in this subsection. that have already been or that will be provided by its service provider of payment under this framework contract or this convention services.

«Art.L. 314 - 11.-I. ― before the payment service user is bound by a contract relating to a remote payment transaction, the payment service provider puts at the disposal of the latter information specified by order of the Minister responsible for the economy. ''
"At the request of the user, the payment service provider provides this information on paper or on another durable medium.
"II. ― If, at the request of the payment service user, a remote payment transaction contract is concluded by a means of communication distance do not allow the payment service provider to comply with the obligations of the I, the latter immediately meets them after the execution of the payment transaction.
"III. — the payment service provider may fulfil the obligation of prior information referred to in the I by providing a copy of the draft contract relating to the operation of isolated payment or payment order including the information and conditions laid down in the I.. IV. ― If necessary, other information and useful conditions referred to in article L. 314 - 12 are made available to the user of payment services, in an easily accessible form.
"V. ― as soon as he received the order of payment, the payment service provider provides the payer or puts at its disposal, in the manner provided in the I, the information specified by order of the Minister responsible for the economy.
«Subsection 2 "framework contract for payment service «Art.L.»» 314 - 12.-I. — when the proposed payment service is bound to a payment account not subject to an agreement of deposit account the pursuant of article L. 312-1-1 or a specific payment instrument, a framework contract of payment services including the information and conditions specified in the II must be concluded.
«II. — the framework contract of payment services has the information and conditions on the payment service provider, on the use of a payment service, fees, interest rates and exchange rates, on the communication between the user and the provider of payment services, on safeguards and corrective measures, on the amendment and termination of the framework contract and on remedies. ''
"The conditions for the application of this article are specified by order of the Minister responsible for the economy.
«Art.L. 314 - 13.-I. ― before the payment service user is bound by a contract or an offer of payment services, the payment service provider shall provide on paper or on another durable medium the information and conditions referred to in article L. 314 - 12» The payment service provider may fulfil this obligation by providing the user a copy of the draft framework contract.
"If, at the request of the client, the framework contract is concluded by means of distance communication not allowing payment to comply with the preceding paragraph, the latter meets its obligations immediately after the conclusion of the framework contract of payment service."
«II. — on the occasion of the opening of an account defined in article L. 522 - 4, acceptance of payment services framework contract is formalized through the signature of the holder of the account. ''
"III. — any draft amendment to the payment services framework contract shall be communicated on paper or on another durable medium to the client no later than two months before the date of application for its entry into force.
"As laid down in the framework contract of payment services, the service provider informs payment the client that he is deemed have accepted amendment if he has not notified, before the date of entry into force proposed this amendment, that he accepted it in this case, the provider of payment service specified also that, if the customer refuses the proposed amendment, he has the right to terminate the framework contract, free of charge, before the date of entry into force proposed the amendment.
"IV. — the client may terminate the framework contract of payment at any time, except contractual stipulation of a notice which may not exceed 30 days.
"Beyond twelve months, the framework contract of payment services may be terminated without fee.
"In other cases, termination charges shall be proportionate to the costs arising from such termination.
"Payment service provider terminates a contract of payment services concluded for an indefinite period without at least two months ' notice. The regular charges for the provision of payment services are due by the customer only in proportion to the period expired on the date of termination of the framework contract of payment services. If they have been paid in advance, these expenses are reimbursed pro rata.
«V. ― anytime of the contractual relationship, the payment service provider provides the terms of the framework contract of payment on paper or on another durable medium services at the request of the user.
"Payment service provider can refuse the provision to the client of a framework contract for payment established paper-based services.
"VI. — for each payment transaction mentioned in article L. 314 - 2 under a framework contract of payment services and ordered by the payer, the payment service provider provides, at his request, information about the execution timeout of this specific operation, on charges it must pay and, where appropriate, on the details of these charges.
' VII. ― payment institutions are required to inform their clients and the public on the General and tariff conditions applicable to operations relating to the management of account mentioned in article L. 522 - 4, on terms laid down by an order of the Minister responsible for the economy. ''
«Sub-section 3 "information after the execution of the payment transaction 'Art.L.»» 314 - 14.-I. — after the completion of a payment transaction isolated or under a framework contract of payment services or of the provisions of a convention of deposit account mentioned in the I of article L. 312-1-1, the payment service provider provides without delay on paper or on another durable medium to the user this operation information specified by regulation.
«II. ― for payment under a framework contract of payment services transactions, parties may however decide contractually that this information will be provided or made available at other intervals not exceeding one month, without prejudice to the provisions of article L. 314 II - 7»
"The payment service provider may refuse to issue free of charge on paper, at least once per month, the information mentioned in the I of this article, without prejudice to the provisions of article L II. 314-7. ''
«Subsection 4 ' information Obligations When one of the service providers of payment involved in the operation is located in Saint Pierre and Miquelon and Mayotte or outside the EEA European «Art.L.»» 314-15.-an order of the Minister responsible for accurate economic information to provide to an individual acting not for the professional needs if its payment service provider is situated in Saint Pierre and Miquelon or Mayotte and that the other provider of payment involved in the operation is located outside France, regardless of the currency used for the payment transaction.
"An order of the Minister responsible for accurate economic information to be provided to an individual not acting for professional purposes if its payment service provider is situated on the territory of the metropolitan, the overseas departments, France in Saint-Martin and Saint-Barthélemy and the other provider of payment involved in the operation is located in a State which is not a party to the European economic area agreement regardless of the currency used for the payment transaction.
«Subsection 5 "Obligations applicable to instruments reserved for payments of small amounts 'Art.L.»» 314 16.-I. ― when the payment transaction is executed through an instrument referred to in article L. 133 - 28, the payment service provider may provide the payer only information on the main characteristics of the payment service, including the way in which the payment instrument can be used, liability, charges and other practical information necessary to make a decision informed and an indication of the place where the other information and conditions set out in article L. 314 - 13 are available easily.
«II. — the payment service provider is not required to propose an amendment to the terms of the framework contract of payment services in the manner prescribed in the II of article L. 314 - 13 concerning the instrument referred to in article L. 133 - 28»
"III. ― after execution of a payment transaction with an instrument mentioned in article L. 133 - 28, the payment service provider may provide or make available only a reference enabling the payment service user to identify the payment transaction, the amount and costs. '' In case of multiple operations of payment of the same type for the benefit of the same beneficiary, it may provide or make available to the user only to the total amount and the costs of these operations of payment information.

"However, the payment service provider need not this obligation if the payment instrument is used anonymously or if the payment service provider is not otherwise technically able to provide. It then provides the payer the possibility of checking the amount of stored funds. ' Article 6 more on this article...

In title I of Book III of the code, is inserted a chapter V worded as follows: ' chapter V ' Mediation 'Art.L.»» 315-1.-any credit institution or payment means one or several mediators responsible to recommend solutions to the disputes with individuals not acting for needs professionals, related to services provided and the implementation of contracts concluded in the framework of the present title and title II of this book and related to the products referred to in titles I and II of book II. Mediators are chosen because of their competence and impartiality.
"The Ombudsman is required to decide within a period of two months of its referral. It suspends prescription in accordance with the conditions of article 2238 of the civil code. Findings and declarations that the Ombudsman collects may be produced or used in the remainder of the proceedings without the agreement of the parties. This procedure of mediation is free. The existence of mediation and its modalities of access should be subject to a mention on the deposit account agreement mentioned in the I of article L. 312-1-1, on the framework agreement of payment services provided to article L. 314 - 12 as well as, where appropriate, on account statements.
«The annual report of activity established by each mediator is transmitted to the Governor of the Bank of France and the president of the Advisory Committee set up by article L. 614 - 1.»


Article 7 read more on this article...

Title I of Book III of the code, is inserted a chapter VI as follows: ' chapter VI ' control and provisions common «Art.L.»» 316-1.-agents of the Bank of France commissioned by the Minister of the economy and officials authorized to raise the violations of the provisions of articles L. 113 - 3, L. 121 - 35 and L. 122 - 1 of the code of consumption are qualified to conduct in the performance of their duties research and the finding in a statement of the offences the provisions of articles L. 312-1-1 , L. 312-1-2, L. 314 - 12 and L. 314 - 13 of this code.
"Empowered officials referred to in the first subparagraph shall be competent to search for and find infringements of the provisions of article L. 112 - 11
«Empowered officials referred to in the first subparagraph are also relevant for search and found the violations of the provisions of articles L. 312-1-1, L. 312-1-2, L. 314 - 12 and L. 314 - 13 committed by branches of providers of payment services having their registered office or central administration in another Member State of the European Community or in another State party to the agreement on the European economic area in metropolitan France. in the departments overseas, Saint-Barthélemy and Saint-Martin.
"These agents can access to all premises for professional use and request the books and all other business records and take copies, collect call or on-site information and justifications." They can access these premises between eight and twenty hours. In the event of opposition by the head of places, the visit can take place only with the authorization of the public prosecutor of the High Court in the jurisdiction of which the premises are located. Professional secrecy cannot be opposed to agents acting within the powers conferred on them by this section.
"For sanctioned criminal offences, the minutes are forwarded to the Prosecutor of the Republic within five days of their establishment. In all cases, a copy of the minutes is given to the person concerned.
«Art.L. 316-2.-it is the responsibility of the service provider's payment to prove that it meets the information requirements laid down in chapters II and IV of this title. '.
«Art.L. 316-3.-the provisions of the article L. 312-1-1 and articles L. 312-1-2 and L. 315 - 1 apply to payment service providers referred to in article L. 521 - 1 as well as the institutions and services referred to in article L. 518-1.» They are of public order.
"Their implementing provisions are specified by a decree in Council of State.
"Credit institutions inform their customers of the conditions in which the deposit account agreement may be signed."


Article 8 more on this article...

Book III of the code is amended as follows: 1 ° the title of title III becomes: 'payment systems and systems of regulation and delivery of financial instruments ";
2 ° in the second paragraph of article L. 330 I - 1, the words: "provisions of this title" are replaced by the words: "articles l 330 - 1 and L. 330 - 2";
3 ° to the first paragraph of article L. 330 III - 2, the words: "this chapter" are replaced by the words: "articles l 330 - 1 and L. 330-2";
4 ° after article L. 330 - 2 are inserted two articles l 330 - 3 and L. 330 - 4 Thus worded: 'Art.L. 330-3.-a payment system means a system of interbank payments defined in article L. 330 - 1 or any other system enabling Alternatively or cumulatively to process payment orders or transfer funds according to standardized procedures and common rules.
«Art.L. 330 - 4.-I. — the rules governing payment services providers access to payment systems referred to in article L. 330 - 3 must be objective, non-discriminatory and proportionate.»
"These rules must allow the prevention of specific risks, such as the settlement risk, operational risk and business risk, and protection of operational of payment systems and financial stability. They should not hinder access to these systems of payment beyond what is necessary with regard to these imperatives.
"A payment system shall not impose on providers of payment services to payment service users or other payment systems none of the following requirements: ' a) rules restricting their participation in other payment systems;
'(b) rules establishing discrimination between providers of payment services, in relation to the rights, obligations and benefits of participants;
'c) restrictions based on the corporate form.
«II. — the provisions mentioned in the I are not applicable: ' a) systems for interbank payments as defined in article L. 330 - 1;
'(b) in the payment systems only composed of providers of payment services having, directly or indirectly, the links of capital giving them effective control over the other;
"(c) payment systems managed by a single provider of payment services, in the form of a single entity or entities belonging to the same group, who acts or can act as a service provider of payment for both the payer and the beneficiary, which is solely responsible for the management of the system and allows other payment service providers to participate in the system Although they cannot negotiate commissions between or among them with respect to the payment system. Participating in these systems payment service providers can set their own rates for payers and recipients. » ;
5 ° after 5 ° of article L. 341 - 1 is inserted a 6 ° as follows: «6 ° the provision by one of the persons referred to in 1 ° of article L. 341 - 3 service payment provided for in article L. 314 II - 1.»
6 ° to 8 ° of article l.341 - 2, after the words: "of a credit institution' shall be inserted the words: 'or a payment institution' and 9 ° is inserted after a 10 ° as follows:" 10 ° to the steps taken on behalf of a payment institution, to offer a contract of financing of goods or provision of services meeting the conditions laid down in section 5 of chapter I of title I of Book III of code from the. consumption. » ;
7 ° to 1 ° of article L. 341 - 3, after the words: ' organizations referred to in article L. 518 - 1, "shall be inserted the words:"payment institutions,";
8 ° a article l.341 - 14, after the words: "or a related transaction" shall be inserted the words: ", a payment service";
9 ° article L. 351 - 1 is amended as follows: has) in the first subparagraph, the words: 'mentioned in the second, third, fourth and fifth paragraphs of article L. 312-1-1 I' are replaced by the words: ' mentioned in the second, third, fourth and seventh paragraphs of the I of article L. 312-1-1, in article L. 314 - 12 and II of article l.. 314-13 ";
(b) in the second paragraph, the words: 'on the first, sixth and seventh paragraphs of article L. 312-1-1 I' shall be replaced by the words: "in the first paragraph of the I, II of article L. 312-1-1 and VII of article L. 314-13";
(c) in the fourth paragraph, the words: 'referred to in article L. 312-1-3 II' shall be deleted.

Chapter IV: The providers of SERVICES from payment Article 9 in more on this article...

Book V of the said code is amended as follows:

1 ° to 1 ° of article L. 500 I - 1, after the reference: "L. 517 - 4" is inserted the reference: "L. 522 - 1, ' and 2 ° of the I of the same article, after the reference:" L. 520 - 1 "is inserted the reference: ' L. 523-1 ';
2 ° to the first paragraph of article L. 511 - 4, after the words: "a credit institution" shall be inserted the words: ", a payment institution"; in the second paragraph of the same article, after the words: "related operations defined in article L 311 - 2» are inserted the words:" as well as payment institutions for their payment services and their related services as defined in article L. 522 - 2 ";
3 ° to the first paragraph of article L. 511 - 6, after the words: "investment firms," shall be inserted the words: "or the payment institutions";
4 ° article L. 511 - 7 is amended as follows: has) 5 of I, the words: 'vouchers and cards' are replaced by the words: "payment instruments" and after the words: "buying from it" shall be inserted the words: "or to companies linked with it by a commercial franchise agreement."
(b) the first paragraph of II reads as follows: 'the Committee of investment firms and credit institutions may exempt a company providing banking services payment for the acquisition of goods or services in the premises of the company or as part of a trade with it, agreement approval applying to a limited network of people accepting these banking payment or for a range limited goods or services.';
5 ° to 2 of article L. 511 - 15, after the words: 'investment services' shall be inserted the words: "as well as payment services" and the words: "in articles L. 311 - 2, L. 511 - 2 and L. 511 - 3" are replaced by the words: "1 to 6 of article L 311 - 2 and in articles L. 511 - 2 and L. 511-3 ';
6 ° to the first paragraph of article L. 511 - 16, after the words: "Bank operations other than the receipt of funds from the public" shall be inserted the words: 'and payment services ";
7 ° to 5 of article L. 511 - 18, the words: ' in articles L. 311 - 2, L. 511 - 2 and L. 511 - 3 "are replaced by the words:" 1 to 6 of article L 311 - 2 and in articles L. 511 - 2 and L. 511-3 ';
8 ° to the a in the 4 of article L. 511 - 21, the words: 'and 5' shall be replaced by the words: ", 5 and 7.
9 ° in the third paragraph of article L. 511 - 29, after the words: "the representation of the collective interests of credit institutions" shall be inserted the words: ", of payment institutions" and the fourth paragraph of the same article, after the words: "concerning all credit institutions" shall be inserted the words: ", payment institutions";
10 ° in the fourth paragraph of article L. 511 - 41, after the words: 'and the profitability of their activities' are inserted the words: ", including when they entrust to third parties the functions or other operational tasks or important";
11 ° to the fourth paragraph of article L. 512 - 92, after the words: "Bank operations" shall be inserted the words: "or provide payment services";
12 ° in the second paragraph of article L. 518 - 25, after the words: 'of investment firm"shall be inserted the words:", of payment institution "and the words" in articles L. 311 - 1, L. 311 - 2, L. 321 - 1 and L. 321 - 2» are replaced by the words: ' in articles L. 311 - 1 and L. 311 - 2 II of article L. 314-- 1 and in articles L. 321 1, L. 321 - 2 and L. 522-2»
13 ° in article L. 519 - 1, after the words: "intermediary in banking transactions" shall be inserted the words: "and payment services" and after the words: "from a bank transaction" shall be inserted the words: "or a payment service";
14 ° in article L. 519 - 2, after the words: 'credit institution' shall be inserted the words: "or a payment institution" and after the words: "Bank operations" shall be inserted the words: 'and payment services ".
15 ° to the articlesL. 519 4 and L. 519 - 5, after the words: "Bank operations" shall be inserted the words: 'and payment services ".


Article 10 more on this article...

I.-L' title of title II of book V of the code becomes: "payment services providers and manual changers". Articles l 520 - 1 L. 520 - 7 respectively become articles L. 524 - 1 to L. 524 - 7 and make up chapter IV of this title, entitled: "manual changers.
II. - References in articles l 520 - 1, L. 520 - 2, L. 520 - 3, L. 520 - 4, L. 520 - 5, L. 520 - 6 and L. 520 - 7 of the same code are replaced by references respectively to articles L. 524 - 1, L. 524 - 2, L. 524 - 3, L. 524 - 4, L. 524 - 5, L. 524 - 6 and L. 524 - 7 of this code in all legislative and regulatory provisions in force, including article 235 ter ZD of the general tax code.
III. - II of article L. 520 - 1 which became article L. 524 - 1, after the words: "other than credit institutions" shall be inserted the words: ", payment institutions.


Article 11 read more on this article...

Chapter I of title II of book V of the code reads as follows: "chapter I:" providers of payment services «Art.L.»» 521 - 1.-I. — providers of payment services are payment institutions and credit institutions.
«II. ― when they provide services payment, institutions and amenities are also considered providers of payment services, without being subject to the provisions of chapter II of this title and within the limits of the legislative provisions that govern them where appropriate,: "(a) the Bank of France and l'Institut d ' émission des départements d'Outre;»
"(b) the public Treasury;
'c) Caisse de Dépôts et consignations.
«Art.L. 521-2.-it is prohibited to any person other than those referred to in article L. 521 - 1 to provide payment services within the meaning of article L. 314 II - 1 as usual occupation.»
«Art.L. 521 - 33.-I. ― as an exception to the prohibition of article L. 521 - 2, a company can provide payment services based on payment methods that are accepted, for the acquisition of goods or services, in the premises of this company, or as part of a trade agreement with it, in a limited network of people accepting these means of payment or for a range limited goods or services. ''
"II. — before you start to exercise its activities, the company referred to in this section I or 1 ° of article L. 311 - 4 address a statement to the Committee of credit institutions and investment firms, unless the instruments of payment issued by this company are issued exclusively for the purchase of a good or of a service determined from it or from companies connected with it by a commercial franchise agreement.
"The Committee of investment firms and credit institutions has a time limit fixed by regulation following the receipt of the statement or, if it is incomplete, the same time limit receipt of all necessary information, to notify the registrant that the conditions listed in this section I or 1 ° of article L. 311 - 4 are not fulfilled. The silence kept by the Committee of credit institutions and investment firms is approval of the compliance with the above conditions.
"These companies address the Committee of credit and investment firms institutions an annual report for compliance with the above provisions.
"Art.L. 521-4.-it is forbidden to any undertaking other than those referred to in article L. 522 - 1 use a name, a name, an advertisement or, generally, the expressions that believe it is approved as a payment institution or create confusion in this matter. ''


Article 12 read more on this article...

Chapter II of title II of book V of the code reads as follows: "chapter II" payment institutions "Section 1" Definition «Art.L.»»»»»» 522-1.-payment institutions are legal persons, other than credit institutions and the persons mentioned in II of article L. 521 - 1, providing as a usual profession al mentioned payment services'article L. 314 - 1.
«Art.L. 522 - 2.-I. — in addition to the provision of payment services listed in the II of article L. 314 - 1, payment institutions may provide related services such as Exchange services defined in the I of article L. 524 - 1, care, registration and processing of data, the guarantee of execution of payment transactions and credit mentioned in the first sub-paragraph of article L. 313-1. with the exception of overdraft and discount operations.
"When payment institutions provide the above Exchange services, they held, in accordance with article L. 524 I - 6, a register of transactions and have, in accordance with article L. 524 I b - 3, a paid-up capital or a deposit.
«II. ― payment institutions authorised to provide payment services referred to in the 4 °, 5 ° and 7 ° of article L. 314 II - 1 cannot, in the context of their business of providing payment services, grant credits if the following conditions are met: ' a) credit was incidental and is granted exclusively within the context of execution of payment transactions that this payment institution carries out;
"(b) the loan is repaid within a deadline set by the parties, which cannot exceed in any 12 months;

"(c) the credit shall not be granted on the basis of funds received or held by the institution to carry out payment transactions.
"The loans granted by payment institutions are subject to the provisions of the code of consumption in so far as they are applicable.
"Under the conditions laid down by an order of the Minister responsible for the economy, payment institutions have at any time an amount of own funds appropriate with regard to the total amount of credits granted.
«Art.L. 522-3.-without prejudice to the provisions of article L. 522 II - 8, payment institutions may exercise as usual occupation one activity other than the provision of payment services or of related services, subject to legislative and regulatory provisions applicable to this activity.»
"For these payment institutions, carrying activities of hybrid nature, activities other than payment services should not be incompatible with the requirements of the profession, including the maintenance of the reputation of the payment institution, the primacy of the interests of the customers and the competition on the relevant market.
"The Minister responsible for the economy fixed by Decree the modalities according to which payment institutions are, as usual occupation, one activity other than the provision of payment services.
«Art.L. 522 - 4.-I. ― accounts opened by payment institutions are payment accounts which are used exclusively for payment transactions.» This exclusive destination must be expressly provided for in the contract-payment services framework which governs the account.
"Is excluded any investment on behalf of the client of these funds, even temporary, in a savings or investment product.
«II. — the payment service users funds collected by institutions for payment for the provision of payment services are not funds received from the public within the meaning of article L. 312 - 2, nor representative funds of electronic money. ''
"Accordingly, the payment institution cannot provide these funds for its own account.
«Art.L. 522-5.-each payment institution is required to join a professional body affiliated with the French Association of credit institutions and investment referred to in article L. 511 - firms ' 29
«Section 2 ' Conditions for access to the profession "sub-section 1 ' approval ' Art.L.»»»»»» 522 - 6.-I. — prior to providing payment services, payment institutions must obtain an approval that is issued by the Committee of credit institutions and investment firms, after the opinion of the Bank of France to the title of the third paragraph of article L. 141-4. This approval may be granted to a legal person.
«II. ― to deliver the approval to a payment institution, the Committee of credit institutions and investment firms verifies that, taking into account the need to ensure a sound and prudent management of the payment institution, it has for its business of providing payment services: 'a) a solid device of corporate governance, including a clear organisational structure with well defined responsibilities sharing» transparent and consistent.
"(b) of effective procedures for the detection, management, control and reporting risks to which it is or might be exposed, and adequate internal controls, including administrative and accounting procedures healthy;
"This device and these procedures are proportionate to the nature and complexity of the payment provided by the payment service.
"The Committee of credit and investment firms establishments also checks if: ' a) the payment institution satisfies the requirements of article L. 522 - 7 and I of article L. 522 - 8;
"(b) persons declared as responsible for the senior management of the payment institution and, in the case of hybrid engaged payment institutions, persons responsible for the management of the activities of the payment institution payment services have good repute as well as the skill and experience necessary to their function and required for the activities of payment services in order to ensure sound and prudent management;
"(c) the exercise of the control of the applicant company mission is not likely to be hindered either by the existence of capital links or direct or indirect control between the company and other persons or by the existence of laws or regulations of a State which is not party to the agreement on the European economic area and which fall within one or more persons.
«The Committee of credit and investment firms establishments appreciate also, in order to ensure sound and prudent management of the payment institution, the quality of or associated shareholders owning a qualifying holding.
«Art.L. 522-7.-payment institutions must have, at the time of approval, a paid capital of an amount at least equal to the amount established by regulation, as: ' a) the payment institution provides only the payment of money remittance service;
"(b) the payment institution provides a service of execution of payment transactions where the consent of the payer to a payment transaction is given by means of any telecommunication, digital or it device and the payment is sent to the operator of the system or of the telecommunications network or computer acting only as an intermediary between the payment service user and the supplier of goods or services;
"(c) the payment institution provides other payment services.
"Art.L. 522 - 8.-I. — the central administration of any payment institution must be located within the same national territory as its registered office.".
«II. — where a payment institution carries on activities of hybrid nature within the meaning of article L. 522 - 3, the Committee of investment firms and credit institutions may require that a separate legal entity is created for the activities of payment service when the other activities of the payment institution are or threaten to harm the financial health of the payment institution or the quality of the control operated on compliance by the establishment of payment of obligations. which are imposed.
«Art.L. 522-9.-within the period fixed by regulation following the receipt of the request or, if the application is incomplete, within the same period after receipt of all the information necessary for the purposes of the decision, the Committee of credit institutions or investment firms shall notify its decision to the applicant. ".
"The Board of investment firms and credit institutions establishes and maintains the list of payment institutions which is published in the Official Journal of the French Republic.
«Art.L. 522 - 10 ' payment institution must meet the conditions of its approval at any time. ''
"Any changes to the conditions to which the authorisation issued to a payment institution having an impact on the accuracy of the information and supporting documents provided for the implementation of the provisions of article L. 522 - 6 must II was subject to make the object of a declaration to the Committee of credit institutions and investment firms. An order of the Minister of the economy sets the terms and conditions of this statement and the consequences that can be drawn.
«Art.L. 522 - 11.-I. — the withdrawal of the authorisation of payment institution is delivered by the Committee on credit establishments and investment at the request of the establishment firms. ''
"It may also be decided ex officio by the Committee of credit institutions and investment firms when the hotel: ' a) does not make use of the authorisation within a period of twelve months or has ceased to carry on business with a period greater than six months;
"(b) has obtained the authorisation through false statements or any other irregular means;
"(c) no longer fulfils the conditions to which its approval or a subsequent authorization was subordinate.
«II. — the withdrawal of authorisation takes effect on the expiration of a period whose duration is determined by the Committee of credit institutions and investment firms.
"During this period:"1 ° payment remains subject to the control of the banking commission. " The banking commission may pronounce against the disciplinary penalties provided for in article L. 613 - 21, including the radiation;
«2 ° the establishment cannot provide payment services as well as the guarantees of performance of payment transactions or credit operations strictly necessary for the clearance of its situation;
«3 ° it can demonstrate its quality of payment institution stating that its accreditation is ongoing withdrawal.
"III. — in the case referred to I, the Fund of users of payment received by a payment institution services are returned to users or transferred to a credit institution or another institution authorised payment or to the Caisse des Dépôts et consignations.

"At the end of the period referred to in II, the company loses the status of payment institution and must have changed its name. Payment transactions that the company has engaged or has committed, prior to the decision of withdrawal of authorization, to realize can be completed.
'By way of derogation from the provisions of 4 ° and 5 ° of article 1844-7 of the civil code, the early dissolution of a payment institution can be pronounced only after withdrawal of its approval by the Board of investment firms and credit institutions. By derogation from articles L. 123 - 1 and L. 237 - 3 of the code of commerce, publishing and amending registration in the register of trade and companies concerning the issuance of such dissolution shall mention the date of the decision of withdrawal of authorization by the Committee of credit institutions and investment firms. Until the completion of its liquidation, the establishment remains subject to the control of the banking commission, which may impose the penalties provided for in article L. 613 - all 21 of this code. It cannot make its quality of payment institution State without specifying that it is in liquidation.
"IV. — the cancellation of a payment from the list of authorised payment institutions institution may be imposed as a disciplinary punishment by the banking commission.
"For a payment institution exercising of activities of a hybrid nature within the meaning of article L. 522 - 3, radiation shall be construed as a prohibition on the establishment to carry out the activities for which the payment institution approval had been granted."
"For other institutions, the radiation causes the liquidation of the legal person.
«Any institution that has been the subject of such a disciplinary penalty remains subject to the control of the banking commission up to, respectively, cessation of any payment or the completion of the liquidation.» Until then, he cannot perform payment operations strictly necessary for the clearance of its situation. He can't state his quality of payment institution stating it was the subject of a measure of radiation.
«V. ― the Minister responsible for the economy says by Decree the conditions for application of article L. 522 - 11» It sets the terms under which withdrawal of authorisation and cancellation decisions are brought to the knowledge of the public.
«Sub-section 2 'freedom of establishment and freedom to provide services within the territory of the States parties to the agreement on the European economic area 'Art.L. 522-12.-in this subsection and for the application of the provisions relating to freedom of establishment and freedom to provide services: "1 ° the expression:"competent authorities"means the authorities of a Member State or of another State party to the agreement on the European economic area loaded in accordance with the legislation of that State, to approve or control payment institutions which have headquartered social or central administration;
«2 ° the expression: "State of origin" means, for a payment institution, the Member State or another State party to the agreement on the European economic area where it has its head office or if, pursuant to its national law, it is free, the Member State or another State party to the agreement on the economic European area in which is located its headquarters;
«3 ° the expression: "Receiving State" means any Member State or any other State party to the agreement on the EEA European where the payment institution carries on business through a branch or an agent or the free provision of services;
«4 ° the expression: "branch" means one or more parties, lacking legal personality, of a payment institution and whose purpose is to provide payment services. ". All places of operation established in the same Member State or in the same another State party to the agreement on the European economic area by a payment headquartered institution is located, respectively, in another Member State or in another State party to the European economic area agreement are regarded as a single branch.
«Art.L. 522 - 13.-I. — 1 ° any payment institution having its registered office in the territory of metropolitan France, in the overseas departments, Saint-Martin and Saint-Barthélemy and wishing to establish a branch or use an agent in another Member State of the European Community or in another State party to the agreement on the EEA European notifies its draft to the Committee of credit institutions and investment firms.» This notification is accompanied by information whose nature is determined by order of the Minister responsible for the economy.
'Within the period fixed by regulation following the receipt of this information, the Committee of credit institutions and investment firms shall inform the competent authorities of the host Member State the information mentioned in the preceding paragraph. Subject to the provisions of 2 °, and when the procedures determined by an order of the Minister responsible for the economy are made, the Committee of credit and investment firms establishments registered the branch on the list provided for in article L. 612 - 2 or saves the agent in accordance with the provisions of article L. 523-1;
«2 ° If the competent authorities of the host Member State have good reason to suspect that, in connection with the project for the establishment of the branch or the use of the agent, an operation or an attempt of laundering of capital and financing of terrorism is in progress or has taken place, or that the establishment of this branch or the use of the agent could increase the risk of laundering of capital and financing of terrorism. , they shall inform the Committee of credit institutions and investment firms, who may refuse to register the branch on the list provided for in article L. 612 - 2 or to register the agent in accordance with the provisions of article L. 523 - 1;
«3 ° any payment institution having its registered office in the territory of metropolitan France, in the overseas departments, Saint-Martin and Saint-Barthélemy, wishing to intervene in another Member State of the European Community or in another State party to the agreement on the economic European area by way of freedom to provide services shall notify its draft to the Committee of credit institutions and investment firms.» This notification is accompanied by information whose nature is determined by order of the Minister responsible for the economy.
"II. ― 1 ° within the limit of the payment services that he is entitled to provide on the territory of one Member State other than the France and based on the approval that he has received, any payment institution may, on the territory of metropolitan France, in the departments overseas, Saint-Martin and Saint-Barthélemy, establish a branch or use an agent , subject that the Committee of credit and investment firms establishments was informed by the competent authority of the Member State of origin, under conditions set by Decree of the Minister in charge of the economy;
«2 ° If the banking commission has good reasons to suspect that, in connection with the proposed use of the agent or establishment of the branch, an operation or an attempt of laundering of capital and financing of terrorism is in progress or has taken place, or that the use of this agent or the establishment of this branch could increase the risk of laundering of capital and financing of terrorism It shall inform the competent authorities of the Member State of origin;
«3 ° within the limit of the payment services that it is empowered to provide on the territory of one Member State other than the France and based on the approval that he has received, any payment institution may, on the territory of metropolitan France, in the departments overseas, Saint-Martin and Saint-Barthélemy, intervene in freedom to provide services, provided that the Committee of investment firms and credit institutions has been informed by the competent authority of the State. Home Member, under conditions fixed by Decree of the Minister responsible for the economy.
«Section 3 "prudential provisions «Art.L.»» 522-14.-payment institutions are required to comply with management standards to ensure their solvency as well as the balance of their financial structure. They must also have a proper internal control system permitting them to measure risk and the profitability of their activities, including when they entrust to third parties the functions or other operational tasks or important.
"They must respect a level of adequate own funds.
"The conditions for the application of this article and, in particular, the terms of calculation relating to the capital requirements are fixed by regulation.
«Art.L. 522-15.-the own funds of a payment institution shall be less than any of the requirements laid down by article L. 522 - 7 and the second paragraph of article L. 522 - 14.»
«Art.L. 522-16.-any payment institution which intends to outsource operational functions of payment services inform the banking commission.»

"The outsourcing of important operational functions may not be made in a manner that seriously harm the quality of the internal control of the payment institution and which prevents the banking commission to monitor that hotel meets all the obligations to which it is subject.
"An order of the Minister of the economy sets the conditions for the application of this article.
«Art.L. 522 - 17.-I. ― funds received or users services of payment, either through another provider of payment services for the execution of payment transactions are protected in accordance with one of the following two methods, the choice being left to the discretion of the payment institution: "1 ° funds received are in no way confused with the funds of persons or legal entities other than the users of services of payment for the account of which funds» are detained.
"The funds remaining on the account of the user of payment at the end of the next business day service the day where they were received, as defined in article L. 133 d - 4, are deposited in a separate account with a credit authorized institution to receive funds to public view.
"They may also be invested in financial instruments kept in accounts opened specifically for this purpose from a person referred to in the 2 ° to 5 ° of article L. 542 - 1, under conditions fixed by Decree of the Minister responsible for the economy. ''
"These funds are protected under the conditions laid down in article L. 613-30-1 against any recourse to other creditors of the payment institution, including procedures execution or of proceedings to open insolvency against the establishment;
«2 ° funds received are covered by an insurance policy or some other comparable guarantee a business insurance or establishment of credit do not belong to the same group, in the conditions laid down by Decree of the Minister responsible for the economy, which insures or guarantees the users of payment services against the failure of the payment institution in the performance of its financial obligations.
«II. ― when disgorged funds can be used firstly to run future operations and payment for services other than the services of payment, the portion of the funds received for the implementation of future operations of payment is protected in the manner provided in this section. If this part is variable or cannot be determined in advance, payment institutions shall carry out the assessment of the representative part of the funds received for the execution of payment transactions, in accordance with the conditions laid down by an order of the Minister responsible for the economy. The representative share so determined is protected under the conditions laid down in the I.
«Art.L. 522-18.-payment institutions provide to their customers, and to any person who so requests, any useful information on the terms of protection of collected funds. '' The amendments are brought to the attention of customers. The use of this information for advertising purposes is prohibited.
«Section 4 ' professional secrecy, accounting and legal auditing «Art.L.»» 522 - 19.-I. — any member of a Board of Directors and, if applicable, a supervisory board and any person who, to a title, participating in the direction or management of a payment institution or who is employed by a payment institution is held to professional secrecy.
"In addition to the cases where the law so provides, the privilege cannot be opposite or the banking commission of the Bank of France or the judicial authority acting in the course of criminal proceedings.
«II. — the provisions of articles L. 232 - 1 and L. 232 - 6 of the French commercial code are applicable to all payment institutions under conditions set by the authority of accounting standards after the opinion of the Advisory Committee of the legislation and regulations financial. ''
"III. ― when they establish their accounts in a consolidated form, payment institutions do so according to the rules defined by the authority of accounting standards regulations after opinion of the Advisory Committee of the legislation and regulations financial. '' However, they are provided to comply with these rules when they use international accounting standards adopted by regulation of the European Commission.
"IV. — any payment institution shall publish its annual accounts under conditions set by the authority of accounting standards after the opinion of the Advisory Committee of the legislation and regulations financial.
"The banking commission ensures that planned above publications are regularly performed. It may order the payment institution to carry out corrective publications where inaccuracies or omissions allegedly identified in published documents.
"It can bring to the attention of the public all information it considers necessary.
«V. ― payment institutions are bound by the obligations of articles L. 511 - 38 and L. 511 - 39» However, when exercising other activities in accordance with article L. 522 - 3, the banking commission's opinion is not required for the designation of their auditors.
«Art.L. 522-20.-when exercising other activities in accordance with article L. 522 - 3, payment institutions provide separate accounting information for payment services activities referred to in article L. 314 - 1 II and related activities referred to in article L. 522 - 2, according to the rules defined by regulations of the Authority's accounting standards taken after consultation of the Advisory Committee of legislation and financial regulations. ".
"The accounting information provided for in the first subparagraph subject to an audit report prepared by their auditors under conditions defined by regulation."


Article 13 read more on this article...

Chapter III of title II of book V of the code reads as follows: "chapter III" officers 'Art.L.»» 523 - 1.-I. — payment services providers can use the services of one or more agents to exercise on their behalf, within the limits of their approval, the payment services activities.
"Agents can promote the services provided by the payment service providers and be empowered to solicit clients on behalf of these in the conditions laid down in chapter I of title IV of Book III of this code.
"Any agent is acting under a mandate given by a payment service provider. Agents are required to inform users of their representative quality when they come into contact with them. An officer may receive mandate of several providers of payment services.
«II. ― payment service providers are registered with the Committee of credit institutions and investment firms agents to which they intend to use. To this end, they shall provide the Committee information to verify that these agents meet the conditions required by this chapter. A payment service provider can use another payment service provider, for the purpose of communicating the information necessary for the registration of agents.
"When an agent no longer fulfils the conditions for registration, it belongs to the payment service provider to inform the authority from which the agent has been registered.
"III. — the Board of investment firms and credit institutions may refuse to register an agent if, after checking, the information seem unsatisfactory to him.
"IV. ― the conditions for the application of this article are defined by an order of the Minister responsible for the economy.
«Art.L. 523-2.-persons engaged in the activity of agent, managing or administering an agent or to which is delegated the responsibility of agent activity are subject to the disabilities mentioned in article L. 500 - 1.»
"No person shall engage in the activity or exercise the functions mentioned in the preceding paragraph if it has been less than five years: ' has) a ban, pursuant to article L. 621 - 15, temporary or final activity or service;
"(b) a prohibition, definitively or temporarily, to perform certain operations or a restriction in the exercise of the activity, in accordance with the 3 of the I of article L. 613 - 21;
"(c) of a cancellation in application of the 6 I of article L. 613 - 21, in the case of a payment institution in carrying a hybrid activity within the meaning of article L. 522 - 3;
"d) withdrawal of authorisation to pursue the professionde manual changer, pursuant to 3 ° of article L. 613-21-1;
"(e) to a penalty to 4 or 5 of the I of article L. 613 - 21;
' f) a prohibition to practise manual changer pursuant to the fifth subparagraph of article L. 613-21-1;
"(g) of a sanction pursuant to the 3 to 5 of article L. 310-18-1 of the insurance code;
"(h) to an equivalent penalty imposed by the competent authorities in the control of payment of another State institutions party to the European economic area agreement.
"Natural persons engaged in the activity or exercising the functions mentioned in the first subparagraph have good repute and necessary competence defined by an order of the Minister responsible for the economy.

"They justified under the conditions defined by an order of the Minister responsible for the economy, which determines in what conditions the Committee of credit institutions and investment firms is provided to check out them.
«Art.L. 523-3.-payment principal service provider remains fully liable towards third parties of acts of any agent that it has mandated. ''
"The payment service provider shall ensure that its agents comply permanently with the legislative and regulatory provisions that apply to them and submit them to its internal control provided for in article L. 522 - device 14, including its device struggle anti-money-laundering and combating the financing of terrorism. ''
«Art.L. 523-4.-where a payment institution with its headquarters on the territory of metropolitan France, in overseas departments Saint-Martin or Saint-Barthélemy or a payment institution authorised in another Member of the Community European or in another State party to the European economic area agreement wishes to use an agent for carrying out payment services respectively in another Community Member State European or in another State. party to the agreement on the European economic area, or in the territory of metropolitan France, in the overseas departments, Saint-Martin and Saint-Barthélemy procedures laid down in article L. 522 - 13 are applicable.
«Art.L. 523-5.-for the purposes of article L. 511 - 33, of I of article L. 522 - 19, second paragraph of article L. 571-- 4 and article L. 572 7, agents are treated as persons employed by providers of payment services. ".
«Art.L. 523-6.-credit institutions can, without being subject to articles L. 523 - 1 to L. 523 - 5, appoint any person also carrying another profession, for the issuing of currency exclusively to their client with an account having the characteristics referred to in article L. 314 - 1 open in their books, against a payment order given with a means of payment for the supra account.»
"The credit institution remains fully responsible to its clients, acts of the person referred to in the first subparagraph born on the occasion of the activity referred to in the same paragraph, including respect of the confidentiality of the information which it has notice under this activity.
"The person referred to in the first paragraph is integrated in the perimeter of the system of internal control of credit principal institution.
«In the absence of a separate Fund fed by the credit institution for the implementation of the operations referred to in the first paragraph, the provisions relating to the issuance at the counters by credit institutions of euro banknotes received from the public shall apply.»
"The activity referred to in paragraph 1 remains incidental and insignificant compared to the main profession of the representative."


Article 14 read more on this article...

Book V of the said code is amended as follows: 1 ° in article L. 531 - 2 of the code is amended as follows: has) in the j of 2 °, the words: ' the provision of services of investment or the realization of operations of Bank» are replaced by the words: 'in the provision of investment services, the realization of Bank's operations or the provision of payment services.
(b) to the m, after the words: 'provision of investment services', the word: 'or' is replaced by: ',' and after the words: "realization of operations of Bank" shall be inserted the words: "or the provision of payment services.
2 ° article L. 561 - 2 is amended as follows: has) after 1 is inserted a 1 ° bis worded as follows: ' 1 bis ° payment institutions governed by the provisions of chapter II of title II of this book;
(b) to 11 °, after the words: "provided for II of article L. 511 - 7» are inserted the words:" and the undertakings listed in article L. 521 I - 3 ';
3 ° is added in article L. 561 - 7 a paragraph worded as follows: "for the purposes of this article, the persons referred to in 1 ° to 6 ° of article L. 561 - 2 agree other than the persons referred to in 1 ° bis of the same article which mainly provide the service mentioned in the 6 ° of article l. II. 314-1. ';
4 ° article L. 561 - 21 is amended as follows: has) in the first paragraph, the words: "7 ° or" are replaced by the words: "6 ° or between persons mentioned in 1 bis ° mainly providing the service referred to in 6 of the II of article L. 314 - 1 or among the persons mentioned in the 7th or finally";
b) takes the second sentence of the second subparagraph, the words: 'funds transfer companies which are not credit institutions' shall be replaced by the words: ' of payment institutions mainly providing the service referred to in 6 ° of article l. II. 314-1 ";
5 ° to 1 ° of article L. 561 a - 36, after the reference: "L. 613 - 1" is inserted the reference: "L. 613-1-1,";
6 ° in article L. 571 - 5, the words: "of all the ' shall be replaced by the word:"des"and after the words:"investment firms,"shall be inserted the words: 'of payment institutions";
7 ° the title of chapter II of title VII becomes: 'providers of payment and manual changers. This chapter includes a section 1: 'Manual changers», which includes articles L. 572 - 1 to L. 572 - 4, and a section 2, as follows: "Section 2" payment providers 'Art.L.»» 572 - 5.-I. — without prejudice to the provisions of article L. 521 - 3, breach of the prohibition prescribed by article L. 521 - 2 is punishable by three years imprisonment and a fine of € 375 000.
«II. — the physical perpetrators of the offence provided for in this article I also incur the following additional penalties: "1 ° prohibition of civic, civil rights and family, according to the procedures provided for in article 131-26 of the criminal code;
«2 ° prohibition from exercising a public function or exercise the professional or social activity in the exercise or on the occasion of which the offence was committed for a period of five years, provided for by article 131-27 of the penal code;
«3 ° the closure, for a period of five years, settlements or of one or several establishments of the company used to commit the incriminating acts;
«4 ° confiscation of the thing that was used or was intended to commit the offence or the thing that is the product, with the exception of objects of restitution;
«5 ° the display or dissemination of the decision in the conditions laid down by articles 131-35 or 131-39 of the criminal code.
"III. ― corporations declared criminally liable, in the conditions laid down by article 121-2 of the penal code, the offence I of this article are:" 1 ° fine, according to the procedures provided for in article 131-38 of the criminal code;
«2 ° additional penalties mentioned in article 131-39 of the code. ''
"The prohibition referred to in 2 ° of this article deals with activity in the exercise or on the occasion of the exercise of which the offence was committed.
'. Art.L 572-6.-ignorance of any of the prohibitions laid down by article L. 521 - 4 shall be punishable by three years imprisonment and a € 375 000 fine. ".
"The Court may also order the display or dissemination of the decision in the conditions provided for in article 131-39 of the criminal code.
'. Art.L 572-7.-ignorance by the people mentioned in article L. 522 I - 19 privilege is sanctioned by the penalties provided for in articles 226-13 and 226-14 of the penal code. ''
«Art.L. 572-8.-the fact, to any officer of a facility payment not responding, after formal notice, to the requests for information of the banking commission, to prevent in any way whatsoever to the exercise of his mission of control or provide inaccurate information is punishable by one year imprisonment and a € 15,000 fine. ''
«. Art.L 572-9.-the fact that the leaders of a payment institution to not, for each fiscal year, inventory, establish annual accounts and a management report in accordance with the II of article L. 522 - 19 shall be punished by a €15,000 fine.»
«Art.L. 572-10.-, for the leaders of a payment institution not to cause the appointment of Commissioners to the accounts of the institution or not to convene them in any General Assembly is punishable by two years imprisonment and a € 30,000 fine. ''
"Is punishable by five years imprisonment and a € 75,000 fine, the fact, for any officer of a payment institution, or any person in the service of the establishment, of preventing checks or controls of the Auditors or they refuse to disclose the parts relevant to the exercise of their mission, in particular all contracts on-site books, accounting documents and minutes registers.
«. Art.L 572-11.-the fact that leaders of a payment institution, do not establish accounts in consolidated form, in accordance with article L. 522 III - 19, is punished by a €15,000 fine.»
'. Art.L 572-12.-the fact that leaders of a payment institution, not to publish the annual accounts under the conditions laid down in IV of article L. 522 - 19 shall be punished by a €15,000 fine. ''

CHAPTER V: THE COMMON INSTITUTIONS TO CREDIT INSTITUTIONS INVESTMENT FIRMS AND PAYMENT INSTITUTIONS


Article 15 read more on this article...

I.-L' title of title I of Book VI of the code becomes: 'the common institutions to credit institutions, payment institutions and investment firms.
II.-L'article L. 611 - 1 of the code is amended as follows: 1 ° in the first paragraph, after the word: "quit", shall be inserted the words: ", for credit institutions ';
2 ° to 4, the words: 'credit institutions' shall be replaced by the words: "credit institutions or their agents '.
III. - It is added to the same code of articles L 611-1-1 and L. 611-1-2 as follows: "Art.L. 611 1-1.-the Minister of the economy stops, for payment institutions, the rules concerning in particular: 1 ° the amount of the capital of payment institutions;
«2 ° the manner in which a change in the conditions for authorisation issued to a payment institution should be investigated, as the case may be, prior authorization of the Board of the credit institutions and of the investment companies, of a declaration or notification;
«3 ° the conditions of operations that payment institutions or their agents can perform, in particular in their relations with clients, as well as the conditions of the competition;
«4 ° the terms of protection of customer funds;
"5 ° the manner in which decisions of withdrawal of authorization are brought to the knowledge of the public and the conditions in which the funds received payment service users their are returned or transferred to another credit institution or other institution's authorized payment to the Caisse des Dépôts et consignations;
«6 ° management standards which they must comply in particular with a view to ensuring their solvency and the balance of their financial structure as well as the conditions in which these standards are met on a consolidated basis, including in the absence of a parent undertaking having its registered office in France;
«7 ° the rules applicable to the accounting organization, mechanisms of control and safety in the field of computers as well as the internal control procedures.»
"Art.L 611-1-2.-the Minister of the economy stops, for agents of payment service providers, the rules concerning in particular:" 1 ° the conditions of good repute and ability;
«2 ° the modalities for registration laid down in article L. 523 - 1.»
IV. - in the first paragraph of article L. 611 - 5 of the code, after the words: "credit institutions" shall be inserted the words: ", by payment institutions.
V.-A article L. 612 - 1 of the code, after the words: "applicable to credit institutions" shall be inserted the words: ', to payment institutions.
VI.-L'article L. 612 - 2 of the same code is amended as follows: 1 ° the first sentence of the first subparagraph is replaced by the following: 'the Committee of investment firms and credit institutions establishes and maintains the list of credit institutions, the list of investment services providers operating in France, stating, for the latter, their activities '. as well as the list of payment establishments, specifying payment services for which they are approved";
2 ° after the first paragraph, inserted a paragraph as follows: "the Committee of investment firms and credit institutions establishes and maintains the list of branches and agents of the payment institutions referred to in the preceding paragraph that provide payment services in the other Member States of the European Community or in the other States parties to the European economic area agreement specifying payment services exercised. ' VII.-L'article L. 612 - 6 of the code is amended as follows: 1 ° in the first paragraph, after the words: 'open with respect to a credit institution' shall be inserted the words: ", of a payment institution";
2 ° in the second paragraph, after the words: "oversight of credit institutions" shall be inserted the words: ", by payment institutions.
VIII. - It is added to the same code an article L. 613-1-1 worded as follows: 'Art.L. 613 1-1.-the banking commission is responsible for monitoring compliance by institutions for payment of statutory and regulatory provisions that apply to them and sanctioning the deficiencies. The purpose of this control, the banking commission may seek the opinion of the Bank of France to the title of the missions conferred by article L. 141 - 4. The Bank of France may also on this basis bring to the knowledge of the banking commission information. The Banking Commission examines the conditions of exercise of the exploitation of payment institutions and ensures the quality of their financial situation. "IX.-1 ° in article L. 613 - 8 of the same code, after the reference:" L. 613 - 1 "is inserted the reference:" L. 613-1-1, ";
2 ° in the first paragraph I of article L. 613 - 9, after the reference: "L. 613 - 1" is inserted the reference: ", L. 613-1-1.
X. ' article L. 613 - 10 of the code is amended as follows: 1 ° in the first paragraph, after the words: "subsidiaries of a credit institution," shall be inserted the words: "of a payment institution";
2 ° a the second sentence of the first subparagraph, after the words: "a credit institution" shall be inserted the words: ", a payment institution";
3 ° after the first paragraph is inserted a paragraph worded as follows: "controls on the Banking Commission may be extended to officers and outsourced service providers acting on behalf of a credit institution, a facility of payment or an investment subject to its firm control."
XI.-L'article L. 613 - 16 of the code is amended as follows: 1 ° in the first paragraph, after the words: "a credit institution" shall be inserted the words: ", a payment institution";
2 ° in the second paragraph, after the words: "any credit institution," shall be inserted the words: 'payment any institution,';
3 ° after the third subparagraph shall be inserted two paragraphs thus worded: "the banking commission may also contact payment institutions a recommendation or an injunction in order to ensure the existence of sufficient capital for payment services, in particular when the activities other than payment of payment services are or threaten to undermine the financial health of the payment institution.
"The banking commission may also contact the payment institutions exercising of activities of a hybrid nature within the meaning of article L. 522 - 3 a recommendation or an injunction for the purpose to create a separate legal entity for the payment services activities when activities other than payment of the hotel services are or threaten to undermine the financial health of the payment institution or the ability of the competent authorities to monitor if the establishment of. payment complies with all the obligations that are imposed. "XII. - in the first paragraph of article L. 613 - 18 of the code, after the words:"with a credit institution"shall be inserted the words:"of a payment institution.
XIII. - in the I of article L. 613 - 20 of the same code, after the reference: "L. 613 - 1" is inserted the reference: "L. 613-1-1" and after the words: "of a credit institution' shall be inserted the words:"of a payment institution,".
XIV. - I of article L. 613 - 21 of the code is amended as follows: 1 ° in the first paragraph, after the words: ' If a credit institution» shall be inserted the words: ", a payment institution," and after the words: "applicable to credit institutions" shall be inserted the words: ", to payment institutions";
2 ° in the fifth preambular paragraph, after the words: ' referred to in article L. 511 - 13» are inserted the words: ", in the eighth paragraph II of article L. 522 - 6."
3 ° to the seventh preambular paragraph, after the words: "credit institution" shall be inserted the words: ", of the payment institution" and after the words: 'credit institutions' shall be inserted the words: ", by payment institutions. This paragraph is supplemented by the following provisions: "the cancellation of a payment institution may including to be imposed if it represents a threat to the stability of payment systems.";
4 ° the eighth paragraph is replaced by the following: 'the banking commission, subject to the powers of the financial markets authority, may also pronounce the above-mentioned disciplinary sanctions if it did comply with the injunction laid down in article L. 613 - 16'
XV.-L'article L. 613 - 22 of the code is amended as follows: 1 ° in the first paragraph, after the words: "when a credit institution» shall be inserted the words:", a payment institution», words: ' in articles L. 311 - 1 and L. 511 - 1» are replaced by the words: ' article L. 311 - 1 II of article L. 314-- 1 and article L. 511 1 "and after the words : "in article L. 511 - 5" shall be inserted the words: "or article L. 521 - 2";
2 ° in the second paragraph, after the words: ' the establishment' shall be inserted the words: 'of credit"and the words: «l'entreprise» are replaced by the words:" one of the persons mentioned in the first paragraph of article L. 613 - 2.
XVI.-A article L. 613 - 24 of the code, after the references: "L. 571 - 14-L. 571 - 16» are inserted references:" and L. 572 - 5-l 572 - 12.

XVII.-L' title of section 6 of chapter III of title I of Book VI of the code becomes: 'Provisions relating to the treatment of settlements of credit, payment and distressed investment firms' and the section is amended: 1 ° to the first and second paragraphs of article L. 613 - 27, after the words: "of a credit institution' shall be inserted the words : ', of a payment institution ";
2 ° to the first paragraph of article L. 613 - 29, after the words: "of a credit institution' shall be inserted the words:", of a payment institution ";
3 ° is added an article L. 613-30-1 worded as follows: 'Art.L. 613-30 - 1.-L' opening of a procedure backup, receivership or liquidation and any enforcement proceedings and any equivalent judicial proceedings initiated on the basis of a foreign against a payment institution right affect not the funds received by users of payment services deposited or invested in financial instruments kept in accounts opened specifically for this purpose under the conditions laid down in article L. 522-17.
"In the case of opening a procedure of backup, recovery or liquidation of a payment institution, the administrator or liquidator, jointly with the provisional administrator or the appointed liquidator, as appropriate, by the banking commission, verifies that funds received from users of payment services deposited or invested in financial instruments kept in accounts opened specifically for this purpose under the conditions laid down in article L. 522 - 17 are sufficient so that the payment institution can fill. its obligations to its users. In the event of failure of these funds, a proportional distribution of the funds between these users is made. These funds are returned to users who are exempt from the declaration provided for in article L. 622 - 24 of the code of commerce.
"For the debt corresponding to the funds available will be unable to be made to these users, due to insufficient detected, they are exempt from the declaration provided for in article L. 622 - 24 of the code of commerce. ''
"Justice Commissioner is informed of the results of the audit carried out by the judicial administrator or the liquidator and, where appropriate, of the proportional distribution of the funds.
"A decree in Council of State specifies the conditions for the application of this article."
XVIII. - It is added to the same code an article L. 613-33-2 worded as follows: 'Art.L. 613 33-2.-subject to the supervision exercised by the competent authorities referred to in 1 ° of article L. 522 - 12, the banking commission is responsible for monitoring compliance by the persons mentioned in II of article L. 522 - 13 of the legislative and regulatory provisions that apply to them. It can examine the conditions for the exercise of their activity of provision of payment services and the adequacy of their financial situation to this activity.
"It exerts on these institutions powers to monitor and sanction defined in sections 4 and 5 of this chapter. The cancellation provided for in the 6 I of article L. 613 - 21 shall be construed as a prohibition on the payment institution to provide payment services on the territory of the French Republic.
"When an institution mentioned in II of article L. 522 - 13 is the subject of a withdrawal of approval or of a measure of liquidation, the banking commission took the necessary measures to prevent it from initiating further transactions within the territory of the French Republic and to ensure the protection of payment services users.
"A decree in Council of State determines the procedures followed by the banking commission in the exercise of responsibilities and the powers conferred to him by the preceding paragraphs. It determines in particular the modalities for the information of the competent authorities referred to in 1 ° of article L. 522 - 12. » XIX. - in the first paragraph of article L. 614 - 1 of the code, after the words: 'credit institutions', shall be inserted the words: "payment institutions," and in the third paragraph, after the words: 'credit institutions', shall be inserted the words: ", by payment institutions.
In the first paragraph of article L. 614 - 2 of the code, after the words: "to the banking sector," shall be inserted the words: «to payment service providers.
XX. - in chapter V of title I of Book VI of the same code, the single section becomes section 1 and includes article L. 615 - 1, and it is created a section 2: "The banking mediation Committee", which includes article L. 615 - 2, as follows: "Art.L. 615-2.-banking mediation Committee is to consider the reports of the mediators and establish every year a balance sheet of the banking mediation it passes to the Advisory Committee of the financial sector. This Committee is also responsible to specify the procedures for the exercise of the activity of mediators, ensuring their independence. It is informed of the terms and the amount of allowances and compensation paid to the mediators by credit institutions or payment institutions. This Committee may make recommendations to the credit institutions, payment institutions and ombudsmen.
"The banking mediation Committee is chaired by the Governor of the Bank of France or his representative. The other members are appointed by order of the Minister responsible for the economy, according to the following pattern: a personality proposed by the college of consumers and users of the national Consumer Council, a figure proposed by the French Association of credit institutions and businesses of investment and two personalities chosen because of their expertise.
"The conditions for the application of this article are specified by Decree in Council of State."
XXI. ― article L. 632 - 7 of the same code is amended as follows: 1 ° to the a in the II, after the words: "credit institutions" shall be inserted the words: ", by payment institutions";
2 ° to the c of II, after the words: "credit institutions" shall be inserted the words: ", by payment institutions.
XXII. ― article L. 632 - 12 of the code is amended as follows: 1 ° to the first paragraph, the words: 'and which the seat' shall be replaced by the word: 'located '.
2 ° in the second paragraph, after the words: "the banking commission may require of» are inserted the words:" agents, service providers outsourced or», after the words: "oversight of credit institutions" shall be inserted the words: ", of payment institutions" and after the words: "control on-site of» are inserted the words:" agents, service providers outsourced or»
3 ° in the third preambular paragraph, after the words: "supervision of a credit institution" shall be inserted the words: ", of a payment institution" and the words: "and whose head office is located" shall be replaced by the word: 'located '.
4 ° in the fourth paragraph, after the words: "oversight of credit institutions" shall be inserted the words: ", by payment institutions.
XXIII. ― has article L. 641 - 2 of chapter I of title IV, after the words: 'control credit institutions' shall be inserted the words: ", by payment institutions.

Title II provisions amending the CODE of the consumption section 16 in more on this article...

The consumer code is amended as follows: 1 ° in the third paragraph of article L. 113 - 3, after the words: 'by credit institutions"shall be inserted the words:", payment institutions», the words: "I and II of» are deleted and after the words: 'article L. 312-1-1' shall be inserted the words:"and sections 3 and 4 of chapter IV of title I of Book III.
2 ° in the fourth paragraph of article L. 121 - 35, after the words: 'for the credit institutions' shall be inserted the words: ", payment institutions";
3 ° in the third paragraph of article L. 122 - 1, after the words: 'for the credit institutions' shall be inserted the words: ", payment institutions";
4 ° a article L. 313 - 10, after the words: "a credit institution" shall be inserted the words: ", a payment institution";
5 ° in the sixth paragraph of article L. 331 - 3, after the words: "credit institutions" shall be inserted the words: ", of payment institutions" and in paragraph 8 of the same article, after the words: "credit institutions," shall be inserted the words: "of the payment institutions";
6 ° in the second paragraph of article L. 333 - 4, after the words: "The credit institutions referred to in article L. 511 - 1 of the code monétaire et financier" shall be inserted the words: ", payment institutions referred to in title II of book V of the code" and the eighth and ninth paragraphs of the same article, after the words: 'in credit institutions"shall be inserted the words : ', to payment institutions.

Title III provisions amending the CODE of trade Article 17 in more on this article...

The commercial code is amended as follows: 1 ° to 7 ° of article L. 110 - 1, the words: 'and brokers' are replaced by the words: ", brokerage and any service payment ';
2 ° in article L. 623 - 2, after the words: "credit institutions" shall be inserted the words: ", payment institutions";
3 ° to the first paragraph of article L. 651 - 4, after the words: "social security" shall be inserted the words: ", by payment institutions.

TITLE IV: PROVISIONS TRANSITIONAL AND FINAL


Article 18 read more on this article...

Credit institutions may opt in, before December 25, 2009, for the status of payment institution referred to in chapter II of title II of book V of the monetary and financial code. They must notify their choice to the Committee of credit institutions and investment firms specifying payment services they want to provide, where appropriate, the maintenance of the mutual recognition of accreditation formalities conducted under the status of credit institution.
Absence of notification on their part at the end of the option period, they are considered keeping the status of credit institution.
When they opt for the status of payment institution and provided the Committee of credit institutions and investment firms the evidence of compliance with the requirements laid down in article L. 522 II - 6, credit institutions are deemed be hold the authorization to exercise all payment services reported on the territory of the French Republic, as well as as appropriate, in other States parties to the agreement on the European economic area. They must put their statutes in harmony with the requirements inherent in the status of payment institution.
The Committee of credit and investment firms institutions enrolls in the list referred to in article L. 612 - 2 of the monetary and financial code and, where appropriate, inform the competent authorities of the other Member States.


Article 19 more on this article...

The provisions of this order apply to conventions of account deposit and the specific agreements which they are annexed, entered into before the entry into force of this order.
The provisions of the conventions of account deposit and the specific agreements contrary to the provisions of this order are null and void as from the same date.
When a collection previously accepted by the payer service is replaced, at the initiative of the beneficiary by another service of levy, the debit mandate and validly issued authorization and objections made by the payer prior to the entry into force of this new collection service retain their validity, without prejudice to the provisions of article 2003 of the civil code and the third and fourth paragraphs of article L. 133 - 7 of the monetary and financial code.


Article 20 more on this article...

For the purposes of the second paragraph of article L. 312-1-1 I, when a customer opens an account of deposit after November 1, 2009, credit institutions without a convention of holding up-to-date in accordance with this order account are required to communicate to the customer, before the conclusion of the convention of deposit account, written information about the implications of the new provisions introduced by the present order and specifying that they apply immediately to the deposit account agreement.
Credit institutions without a deposit account agreement updated in accordance with this order are also required to provide this information written before December 1, 2009 to clients having opened a deposit account before November 1, 2009.
They shall also inform before May 31, 2010 their clients without a deposit account agreement updated in accordance with this order of their provision in Agency, or by any other appropriate means, a Convention of account updated deposit and the possibility to receive a paper on simple copy request.
Credit institutions are required to have put clients deposit account conventions and specific conventions that are or not attached in accordance with this order before May 31, 2010.


Section 21 read more on this article...

This order comes into force on November 1, 2009.


Article 22 read more on this article...

The Prime Minister, the Minister of State, keeper of the seals, Minister of justice and freedoms, and the Minister of economy, industry and employment are responsible, each in relation to the application of this order, which will be published in the Official Journal of the French Republic.

Done at Paris, on July 15, 2009.
Nicolas Sarkozy by the President of the Republic: Prime Minister François Fillon Minister of economy, industry and employment, Christine Lagarde Minister of State, keeper of the seals, Minister of justice and freedoms, Michèle Alliot-Marie

Related Laws