I. – An intermediary in various goods is
1° Any person who, directly or indirectly, by means of promotional communication or canvassing, offers on a regular basis to one or more clients or potential clients to subscribe to life annuities or to acquire rights over movable or immovable property where the purchasers do not manage the property themselves or where the contract offers them the option of repossession or exchange and the revaluation of the capital invested;
2° Any person who collects funds for this purpose;
3° Any person responsible for managing the said assets.
II. – Any person who offers one or more clients or potential clients the opportunity to acquire rights to one or more assets by promoting the possibility of a direct or indirect financial return or similar economic effect is also an intermediary in miscellaneous assets.
III. – Communications of a promotional nature relating to the proposals mentioned in I and II addressed to customers or potential customers :
1° Are clearly identifiable as such ;
2° Are accurate, clear and not misleading ;
3° Provide a reasonable understanding of the risks associated with the investment.
IV. – Without prejudice to the powers of the administrative authority responsible for competition and consumer affairs, the Autorité des marchés financiers may request any documents, in any medium, in order to ensure that the proposals referred to in I and II of this article comply with the provisions of this Title.
V. – The persons referred to in I of this Article are subject to Articles L. 551-2, L. 551-3, L. 551-4, L. 551-5 and L. 573-8 of this Code.
The persons mentioned in II of this article are subject to article L. 551-3.
VI. – This Title does not apply to proposals relating to :
1° Banking transactions ;
2° Financial instruments and shares
3° Operations governed by the Insurance Code, the Mutual Insurance Code and the Social Security Code;
4° The acquisition of rights to housing and premises for commercial or professional use or land intended for the construction of such housing or premises.