I. – As an exception to the prohibition in Article L. 521-2, a company may provide payment services based on means of payment that are accepted, for the acquisition of goods or services, only :
1° On the premises of that undertaking or, under a commercial agreement with it, in a limited network of persons accepting those means of payment; or
2° For a limited range of goods or services.
II. – As soon as the total value of payment transactions executed over the previous twelve months exceeds one million euros, the undertaking referred to in I of this article shall send a declaration containing a description of the services offered to the Autorité de contrôle prudentiel et de résolution. The declaration shall specify under which of the exclusions provided for in I the activity is considered to be carried out.
The Autorité de contrôle prudentiel et de résolution has a period set by regulation following receipt of the declaration to notify the declarant, after receiving the opinion of the Banque de France pursuant to the fourth paragraph of I of Article L. 141-4, that the conditions mentioned in I of this article have not been met. Silence on the part of the Autorité de contrôle prudentiel et de résolution shall be deemed to constitute approval of compliance with the aforementioned conditions.
Each year, these undertakings send an update of the declaration to the Autorité de contrôle prudentiel et de résolution, which forwards it to the Banque de France, in order to demonstrate compliance with the aforementioned provisions and the security of the means of payment they issue and manage.
As soon as a company plans to no longer meet the conditions mentioned in I of this article, it shall submit an application for authorisation to the Autorité de contrôle prudentiel et de résolution pursuant to Article L. 522-6.
When the Autorité de contrôle prudentiel et de résolution notifies a company that the conditions mentioned in I of this article have not been met, the company has three months to take the necessary measures to comply with the aforementioned conditions or to submit an application for authorisation to the Autorité de contrôle prudentiel et de résolution pursuant to Article L. 522-6.
Until such time as the Autorité de contrôle prudentiel et de résolution has given its decision on the application for authorisation, the undertaking shall ensure that it complies with the conditions set out in I of this article.