The opening of safeguard, receivership or compulsory liquidation proceedings, as well as any enforcement proceedings and any equivalent legal proceedings opened against a payment institution on the basis of foreign law, shall not affect funds received from payment service users deposited or invested in financial instruments held in accounts opened specifically for this purpose under the conditions set out in Article L. 522-17.
In the event of the opening of safeguard, reorganisation or liquidation proceedings against a payment institution, the court-appointed administrator or liquidator, together with the provisional administrator or liquidator appointed, where applicable, by the Autorité de contrôle prudentiel et de résolution, shall verify that the funds received from payment service users deposited or invested in financial instruments held in accounts opened specifically for this purpose under the conditions provided for in Article L. 522-17 are sufficient for the payment institution to meet its obligations to its users. If these funds are insufficient, the funds deposited are distributed proportionally among the users. These funds are returned to users who are exempted from the declaration provided for inArticle L. 622-24 of the French Commercial Code.
For the claim corresponding to the funds that could not be returned to these users due to the shortfall observed, they are exempted from the declaration provided for in Article L. 622-24 of the French Commercial Code.
The juge commissaire shall be informed of the result of the verification carried out by the administrator or liquidator and, where applicable, of the proportional distribution of the funds.
This article applies to funds collected for the benefit of an electronic money institution with a view to providing payment services.
A decree of the Conseil d’Etat shall specify the conditions of application of this article.