I. – Funds received either from payment service users or through another payment service provider for the execution of payment transactions shall be protected in accordance with one of the following two methods, this choice being left to the discretion of the payment institution:
1° The funds received shall under no circumstances be confused with the funds of natural or legal persons other than the payment service users on whose behalf the funds are held.
Funds remaining in the Payment Service User’s account at the end of the business day following the day on which they were received, as defined in d of Article L. 133-4, shall be deposited in a separate account with a credit institution authorised to receive sight deposits from the public.
They may also be invested in financial instruments held in accounts opened specifically for this purpose with a person mentioned in 2° to 5° of article L. 542-1, under conditions set by order of the Minister for the Economy.
These funds are protected under the conditions laid down in Article L. 613-30-1 against any recourse by other creditors of the payment institution, including in the event of enforcement proceedings or insolvency proceedings instituted against the institution;
2° The funds received are covered by an insurance contract or other comparable guarantee from an insurance company, finance company or credit institution not belonging to the same group, under the conditions defined by order of the Minister for the Economy, which insures or guarantees payment service users against default by the payment institution in the performance of its financial obligations.
II. – Where the funds remitted can be used both to execute future payment transactions and for services other than payment services, the portion of the funds received for the execution of future payment transactions is protected in accordance with the terms and conditions set out in this article. If this portion is variable or cannot be determined in advance, payment institutions shall value the representative portion of the funds received for the execution of payment transactions in accordance with the conditions laid down by an order of the Minister for the Economy. The representative share thus determined is protected under the conditions set out in I.