I. – The persons mentioned in article L. 341-3 may appoint natural persons to carry out banking or financial canvassing on their behalf. The establishments and undertakings or institutions mentioned in 1° of this article may also appoint legal entities for this purpose. In this case, the latter may in turn appoint natural persons to carry out this activity on their behalf.
II. – In all cases, the power of attorney shall be personal. It shall specify the nature of the products and services to which it relates and the conditions under which the canvassing activity may be carried out. Its duration is limited to two years. It may be renewed.
Direct marketers carry out banking and financial direct marketing activities solely on behalf of their principal and within the limits of the services, operations and products for which the principal is authorised.
The same natural or legal person may receive mandates from several companies, institutions or establishments mentioned in 1° of article L. 341-3. This person must then inform all his principals of the mandates thus held.
III. – The persons mentioned in article L. 341-3 and those appointed in application of I of this article are civilly liable for the acts of the direct marketers, acting in this capacity, to whom they have issued an appointment. The legal entities referred to in article L. 341-3 remain liable for the employees of the natural persons or legal entities they have appointed, within the limits of the mandate.
IV. – Direct marketers who are natural persons and natural persons with the power to manage or administer legal entities appointed pursuant to I must meet the conditions of age, good repute and professional competence set by decree. The same applies to employees of the persons mentioned in article L. 341-3, when they carry out canvassing activities, and to those of natural persons or legal entities mandated in application of I of this article.
V. – The rules laid down in II and IV do not apply to natural persons participating in the sending of nominative documents, provided that they have no personalised contact enabling them to influence the choice of the person canvassed. In this case, the legal entities mentioned in article L. 341-3 or mandated in application of I are considered as directly carrying out the activity of canvassing and are required to apply the rules.