I. – Deposits and assets held in dormant accounts mentioned in article L. 312-19 are deposited with the Caisse des dépôts et consignations:
1° For dormant accounts mentioned in 1° of I of the same article L. 312-19, at the end of a period of ten years from the date of the last transaction, excluding the recording of interest and the debiting by the institution holding the account of fees and commissions of all kinds or the payment of income or the redemption of capital or debt securities, or from the date of the last manifestation by the account holder, his legal representative or the person authorised by him or from the end of the period of unavailability referred to in the last paragraph of the same 1°. The most recent of the three dates mentioned in the first sentence of this 1° is taken into account. For home savings plans where the holder does not hold any other account with the same credit institution, the ten-year period is extended to twenty years from the date of the last payment;
2° For inactive accounts mentioned in 2° of I of the same Article L. 312-19, at the end of a period of three years following the date of death of the account holder.
When it deposits the deposits and assets referred to in the first paragraph of this I with the Caisse des dépôts et consignations, the institution shall provide it with the information it holds that makes it possible to distinguish between natural persons and legal entities and, in the case of the latter, their legal status. The conditions for the application of this paragraph shall be determined by decree.
Each year, the institutions making the deposits referred to in the first paragraph of this I shall publish the number of accounts whose deposits and assets have been deposited in this way and the total amount of the deposits and assets deposited in this way.
Assets in financial instruments are liquidated by the institution holding the account, notwithstanding any stipulation to the contrary, as soon as possible at the end of the ten-year or three-year periods referred to in 1° and 2° of this I respectively. This institution cannot be held responsible for the effects of the liquidation on the value of the assets. The proceeds of the liquidation are deposited with the Caisse des dépôts et consignations within three months of the expiry of the ten-year or three-year periods referred to, respectively, in the same 1° and 2° or, where applicable, in the month following the actual liquidation of the securities when the liquidation could not be carried out, for reasons beyond the control of the institution, within the three-month period granted to it to deposit the proceeds of this liquidation with the Caisse des dépôts et consignations. The account holder or his/her beneficiaries may only receive payment in cash. The Caisse des dépôts et consignations will return the sums in the form of a capital sum.
Shareholder rights and financial securities mentioned in 1 and 2 of II of article L. 211-1 that are not admitted to trading on a regulated market or a multilateral trading facility are neither liquidated nor deposited with the Caisse des dépôts et consignations.
Six months before the expiry of the period referred to in 1° of this I, the institution holding the account shall inform the account holder, the account holder’s legal representative, the person authorised by the account holder or, where applicable, the account holder’s successors known to the institution, by any means at its disposal, of the implementation of this article.
II. – The deposit, at the Caisse des dépôts et consignations, of the sums deposited in an account or of the proceeds of the liquidation of the securities registered in an account under the conditions provided for in I entails the closure of these accounts, notwithstanding any contractual stipulation to the contrary.
III. – Notwithstanding the first paragraph of article L. 518-24, sums deposited with the Caisse des dépôts et consignations in application of I of this article and which have not been claimed by their holders or their successors are acquired by the State at the end of a period :
1° Twenty years from the date of their deposit with the Caisse des Dépôts et Consignations in application of 1° of the same I ;
2° Twenty-seven years from the date on which they are deposited with the Caisse des Dépôts et Consignations pursuant to 2° of the said I ;
3° Ten years from the date on which they are deposited with the Caisse des dépôts et consignations in application of 1° of I for building savings plans whose holder does not hold any other account with the same credit institution.
Until the expiry of these periods, the sums deposited with the Caisse des dépôts et consignations are held by the latter on behalf of the holders or their beneficiaries.
IV. – Until the expiry of the periods provided for in III of this article, the institutions mentioned in the first paragraph of I of article L. 312-19 are required to keep information and documents relating to the balance of the accounts on the date of the deposit provided for in I of this article, the calculation of the periods mentioned in I and the applicable taxation system, as well as information and documents enabling the holders of these accounts and, where applicable, their successors to be identified. This information and documents are sent to the Caisse des dépôts et consignations at its request.
V. – For each deposit corresponding to an account, the amount of the sums paid by the Caisse des dépôts et consignations to the account holder or his/her beneficiaries or acquired by the State may not be less than the amount of the sums deposited with the Caisse des dépôts et consignations, less, where applicable, any partial payments made by the Caisse des dépôts et consignations pursuant to III.
Caisse des dépôts et consignations organises, in compliance with law no. 78-17 of 6 January 1978 relating to information technology, files and civil liberties, the appropriate publication of the identity of the account holders whose assets have been the subject of the deposit referred to in the first paragraph of I, in order to enable these persons or their successors in title to collect the sums which have been deposited in this way and which are due to them.
Account holders or heirs shall provide Caisse des Dépôts et Consignations with information enabling their identity to be verified and the amount of the sums due to them to be determined.
The notary responsible for establishing the assets of the estate with a view to settling the estate for which he has been instructed shall, at his request, obtain from the Caisse des dépôts et consignations communication of the information held by the latter pursuant to IV and payment of the sums deposited pursuant to I, on condition that he returns them to the heirs of the account holder.
The notary must enclose with his request a power of attorney authorising him to act on behalf of the beneficiaries.
VI. – A safe-deposit box provided by a credit institution is considered to be inactive if the account holder, the legal representative of the latter or the person authorised by him or one of his successors has not made himself known, in any form whatsoever, or carried out any transaction on an account opened in his name in the books of the institution for a period of at least ten years and if, at the end of this ten-year period, the rental charges have not been paid at least once.
Where a safe-deposit box is considered to be inactive within the meaning of the first paragraph of this VI, the credit institution shall search for the owner, who may be deceased, in accordance with the conditions set out in the penultimate paragraph of I of Article L. 312-19. It shall inform the account holder, his legal representative, the person authorised by him or, where applicable, his beneficiaries known to the institution of the consequences of the inactivity of the safe-deposit box pursuant to this article, as set out in the last two paragraphs of this VI. These two search and information operations are repeated every five years from the date of the first non-payment.
On expiry of a period of twenty years from the date of the first non-payment referred to in the first paragraph of this VI, the institution is authorised to open the safe in the presence of a bailiff who will draw up an inventory of its contents and, depending on the case, either to liquidate the securities deposited in the safe under the conditions defined in the sixth paragraph of I of this article, or to have the assets deposited in the safe sold by public auction. Six months before the expiry of this period, it shall inform, by registered letter and by any other means at its disposal, the holder, his legal representative, the person authorised by him or, where applicable, his heirs known to the institution of the implementation of this paragraph. The proceeds of the sale, after deduction of unpaid annual rental charges, excluding any penalties and interest for late payment, and the costs of opening the safe deposit box and selling the assets, shall be acquired by the State. The credit institution is authorised, for items of a value estimated by a person authorised to organise and carry out judicial sales of movable property by public auction, and below a threshold set by an order of the Minister for the Economy, as well as for items which could not be sold by judicial sale by public auction after two attempts made six months apart, either to destroy them, or to keep them on behalf of the owner or his successors in title, or, for items which may be of cultural or historical interest, to transfer them to a public service operating in these fields. In the latter case, the legal entity responsible for the public service becomes the owner of the property transferred.
The credit institution may not be held liable for the effects of the sale on the value of the assets concerned.
VII. – The conditions for the application of this article are determined by decree in the Conseil d’Etat.