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Article L323-1 of the French Monetary and Financial Code

The investment service provider defined in article L. 531-1, the entity providing investment services without being subject to the authorisation procedure provided for in article L. 531-2 and the financial investment adviser defined in article L. 541-1 shall ensure that the services listed in 1, 2, 4 and 5 of articles L. 321-1 and L. 321-2 that they provide to their clients comply with the accessibility requirements provided for in…

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Article L323-2 of the French Monetary and Financial Code

The investment service provider defined in Article L. 531-1, the entity providing investment services without being subject to the authorisation procedure provided for in Article L. 531-2 and the financial investment adviser defined in Article L. 541-1 shall ensure that all the operations required to perform, manage and terminate the services defined in Articles L. 321-1 and L. 321-2 comply with the accessibility requirements provided for in Article L. 412-13…

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Article L330-1 of the French Monetary and Financial Code

I. – An interbank settlement system or a system for the settlement and delivery of financial instruments means a national or international procedure organising relations between at least three participants, not including the system operator, as defined in 5° of II of this article, or any indirect participants, as defined in the last paragraph of II, permits, in accordance with common rules and standardised procedures within the meaning of Directive…

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Article L330-2 of the French Monetary and Financial Code

I. – The operating rules, the framework agreement or the standard agreement governing any system referred to in article L. 330-1 may require institutions participating, directly or indirectly, in such a system or in a system linked by an interoperability agreement, to provide guarantees which may be realised in accordance with the provisions of article L. 211-38 or to earmark securities, instruments, claims or sums of money to meet payment…

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Article L330-4 of the French Monetary and Financial Code

I. – The rules governing access by payment service providers to the payment systems referred to in Article L. 330-3 must be objective, non-discriminatory and proportionate. These rules must make it possible to prevent specific risks, such as settlement risk, operational risk and business risk, and to protect the financial and operational stability of payment systems. They must not impede access to these payment systems beyond what is necessary in…

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Article L341-1 of the French Monetary and Financial Code

Any unsolicited contact, by any means whatsoever, with a specific natural person or legal entity with a view to obtaining their agreement to … constitutes a banking or financial solicitation: 1° The execution by one of the persons mentioned in 1° of Article L. 341-3 of a transaction in one of the financial instruments listed in Article L. 211-1 ; 2° The performance by one of the persons referred to…

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Article L341-2 of the French Monetary and Financial Code

The rules on direct marketing by banks or financial institutions do not apply to : 1° Contacts with qualified investors as defined in Article L. 411-2 .1 and with legal entities whose balance sheet total, turnover, assets under management, revenue or workforce exceed a threshold set by decree; 2° Making contact on the premises of the persons referred to in article L. 341-3, except where these persons are contractually linked,…

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Article L341-3 of the French Monetary and Financial Code

Only the following may use or engage in the activity of banking or financial canvassing, within the limits of the specific provisions governing them: 1° Credit institutions or finance companies as defined in article L. 511-1, the bodies mentioned in article L. 518-1, electronic money institutions, payment institutions, account information service providers, investment firms and insurance companies as defined in article L. 531-4 of this Code and article L. 310-1…

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Article L341-4 of the French Monetary and Financial Code

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…

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