Without prejudice to the provisions relating to adequate explanations and warnings mentioned in articles L. 313-11 and L. 313-12, the lender or intermediary may provide the borrower with advice on the credit agreements defined in Article L. 313-1.
The advisory service consists of the provision to the borrower of personalised recommendations regarding one or more credit agreements and constitutes an activity distinct from the granting of credit and the activity of intermediation.
This personalised recommendation relates to one or more credit agreements adapted to the borrower’s needs and financial situation on the basis of consideration:
by creditors as well as intermediaries, where the latter are acting pursuant to a mandate issued by a creditor, of a sufficiently large number of credit agreements from their product range;
by intermediaries, where the latter are acting pursuant to a mandate issued by a customer within the meaning of article L. 519-2 du code monétaire et financier, of a sufficiently large number of credit agreements available on the market.
The conditions for the provision of the advisory service are specified by decree in the Conseil d’Etat.