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Decree No. 2016-73 29 January 2016 On Banking Mobility Service Mentioned In Article L. 312-1-7 Of The Monetary And Financial Code And Inactive Savings Plans Referred To In Article L. 312 - 20 Of The Same Code

Original Language Title: Décret n° 2016-73 du 29 janvier 2016 relatif au service d'aide à la mobilité bancaire mentionné à l'article L. 312-1-7 du code monétaire et financier et aux plans d'épargne-logement inactifs mentionnés à l'article L. 312-20 du même code

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Summary

Application de l'article 43 (I, 3°) de la loi n° 2015-990 du 6 août 2015.

Keywords

FINAL RECORD, CODE MONETARY AND FINANCIAL , CMF , BANKING , BANKING ACCOUNT , BANKING , BANKING , BANKING , BANKING SERVICE


JORF no.0026 of 31 January 2016
text No. 17



Decree No. 2016-73 of 29 January 2016 concerning the banking mobility assistance service referred to in Article L. 312-1-7 of the monetary and financial code and the inactive housing savings plans referred to in Article L. 312-20 of the same code

NOR: FCPT1520007D ELI: https://www.legifrance.gouv.fr/eli/decret/2016/1/29/FCPT1520007D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2016/1/29/2016-73/jo/texte


Publics concerned: account holders, physical persons not acting for professional needs, credit institutions and payment service providers, creditors issuing bank levies, bank transferors.
Subject: application of articles L. 312-1-7 and L. 312-20 the monetary and financial code, as amended by the articles 43 and 140 Act No. 2015-990 of 6 August 2015 for economic growth, activity and equality of opportunity, and L. 312-1-3 on specific offer.
Entry into force: the text comes into force on the day after its publication, except section 2, which comes into force on September 18, 2016 , and section 3, which comes into force on February 6, 2017.
Notice: An integrated service of mobility and automated transfer of bank domiciles for customers, natural persons not acting for professional needs, having opened a new account and wishing to transfer the domiciles of their original account was established at theArticle L. 312-1-7 of the monetary and financial code. This service has been strengthened within the framework of the Act No. 2015-990 of 6 August 2015 for economic growth, activity and equality of opportunity, which transposes sections 9 to 14 of Directive No. 2014/92/EU of 23 July 2014 on the comparability of fees related to payment accounts, change of payment account and access to a payment account with basic benefits. The terms of application of this article are defined by decree in the Council of State. This Order provides, inter alia, for the period in which recurring wire transfers, informed by the arrival of the new bank details of their client, are required to take into account these changes and to inform the customer of them. It also specifies the contents of the documentation relating to banking mobility, the conditions for the transfer and closing of the account held at the departure establishment, the obligations of the departure and arrival institutions vis-à-vis their client in the event of non-compliance with their obligations with respect to banking mobility. It also makes adjustments to section R. 312-20 on inactive bank accounts required as a result of the entry into force of the Act No. 2015-990 of 6 August 2015 for economic growth, activity and equal opportunity (art. 140).
References: this decree is taken in application of theArticle 53 of Act No. 2014-344 of 17 March 2014 relative to consumption. The provisions of monetary and financial code, which it amends, can be accessed on the site Légifrance (http://www.legifrance.gouv.fr).


The Prime Minister,
On the report of the Minister of Finance and Public Accounts,
Considering Directive 2014/92/EU of 23 July 2014 on the comparability of fees related to payment accounts, the change in payment account and access to a payment account with basic benefits, including Articles 9 to 14;
Vu le monetary and financial codeincluding articles L. 312-1-7 and L. 312-20;
Vu la Act No. 2015-990 of 6 August 2015 for economic growth, activity and equal opportunities, including articles 43 and 140;
Considering the advice of the National Standards Assessment Board dated 17 December 2015;
Having regard to the Advisory Committee on Financial Legislation and Regulation dated 18 December 2015;
Considering the opinion of the Supervisory Board of the Caisse des dépôts et consignations dated 13 January 2016;
The State Council (Finance Section) heard,
Decrete:

Article 1 Learn more about this article...


Article R. 312-4-4 of the monetary and financial code is amended as follows:
1° It shall be inserted before the first preambular paragraph 1 I, as follows:
"I.-The notion of regular transfer referred to in Article L. 312-1-7 means any transaction submitted at least twice, by the same issuer, to the credit of the client's account in the thirteen months preceding the formal agreement referred to in that same article. » ;
2° At the beginning of the first preambular paragraph, the words "II.-".

Article 2 Learn more about this article...


Article R. 312-4-4 of the same code in its drafting of Article 1 is amended as follows:
1° After I it is inserted a II so written:
"II.-The banking mobility documentation referred to in Article L. 312-1-7 that credit institutions are required to make free and unconditionally available to their customers clearly specifies the following information:
« 1° The role of the arrival and departure establishment at each stage of the banking mobility procedure, as provided for in Article L. 312-1-7;
« 2° Timeliness for completion of the various stages;
« 3° The information that the account holder may need to communicate;
« 4° The terms and conditions of referral of the customer relations service for the purpose of receiving possible claims;
« 5° The possibility of using the mediation process referred to in Article L. 316-1. » ;
2° II becomes a III.

Article 3 Learn more about this article...


Section R. 312-4-4 of the same code in its article 2 drafting is amended to read:
1° I is replaced by the following:
"I. - The notions of recurring transfer or regular transfer referred to in Article L. 312-1-7 shall mean any transaction submitted at least twice by the same issuer to the credit of the client's account in the thirteen months preceding the formal agreement referred to in that same article. » ;
2° After II the following III to VIII are inserted:
"III. - In the formal agreement the client mentions:
« 1° The cancellation of all orders of permanent transfer present on its original account2 as well as the end date of issuance of permanent transfers by the departure establishment;
« 2° whether or not it requests the closure of the open account at the starting establishment;
« 3° In the event of an application to close the original account, the date on which it wishes that the potential positive balance of that account be transferred to the new account opened to the arrival establishment.
"IV. - In the event that the arrival or departure establishment fails to comply with its obligations under the banking mobility procedure referred to in Article L. 312-1-7, no resulting fees or any penalty of that head may be charged to the client.
"V. - When the account holder chooses to provide his/her new bank details to the recurring debit and transfer issuers, the arrival establishment will provide him/her on paper or other sustainable support within five working days of receipt of the request, with letters indicating the account's contact details.
"VI. - Upon receipt of the formal agreement referred to in Article L. 312-1-7 and on the dates indicated in this document, the starting establishment:
« 1° Cancels orders of permanent transfer;
« 2° Transfers, in the event of an account closure, to the account held at the arrival establishment the potential positive balance of the original account;
« 3° Closing, in the event of a request for this purpose, this account, once the possible positive balance transferred to the new account.
"Where applicable, the departing establishment shall notify, by mail or other sustainable support, the holder of an account of outstanding obligations or any other circumstance that would prevent the transfer of the balance and the closure of its account.
"Unless expressly requested by the client, the departure establishment shall not terminate the payment instruments before the closing date of the account holder.
« VII. - During the information referred to in the seventh paragraph of Article L. 312-1-7, the arrival establishment alerts its client to the need to ensure the completeness of the list of transactions for which the change of domicile has been sent to its creditors and debtors.
« VIII. - The benefit of the information referred to in the first paragraph of the IV of section L. 312-1-7 on transfers and levies on closed account shall apply to account closures, no later than six months from the date of the formal agreement collected under that same section. » ;
3° The III becomes the IX;
4° It is added a X as follows:
"X. - For the purposes of the sixth paragraph of Article L. 312-1-7, the transfer transmitter is informed by the arrival of the formal agreement referred to in that article.
"The deadline for the payment of the contact details of the new bank account of the recipient of the transfer is ten days from the date of receipt of the transfer.
"In this time, the transfer transmitter informs the recipient of the transfer:


" - taking into account the coordinates of the new account;
" - the date on which any transfer will be executed on the new account. When the transfer transmitter cannot determine the date of the next transfer that will be executed on the new account, it informs the customer.


"Any transfer whose execution date is after the last day of the month following the expiration of the ten-day period mentioned above is executed on the new account. »

Article 4 Learn more about this article...


Section R. 312-20 of the same code is amended to read:
1° In the first paragraph of the I, after the words "ten years" are inserted the words ", twenty years";
2° At 2° of II, after the words: "at 1° of the I of Article L. 312-20" are added the words: "or, for the housing savings plans of which the holder has no other account in the same credit institution, the date of the last payment";
3° In the last paragraph of II, the words: "20 years and twenty-seven years" are replaced by the words: "20 years, twenty-seven years and ten years".

Article 5 Learn more about this article...


I. - Section 2 comes into force on September 18, 2016.
II. - Section 3 comes into force on February 6, 2017.

Article 6 Learn more about this article...


The Minister of Finance and Public Accounts is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done on 29 January 2016.


Manuel Valls

By the Prime Minister:


Minister of Finance and Public Accounts,

Michel Sapin


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