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Article L341-5 of the French Monetary and Financial Code

Any natural or legal person authorised to carry out banking or financial canvassing activities must be able to provide evidence at all times of the existence of an insurance policy covering it against the financial consequences of its professional civil liability in the event of a breach of its professional obligations as defined in this chapter. The minimum level of cover that must be provided by professional indemnity insurance is…

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Article L341-8 of the French Monetary and Financial Code

Any person undertaking a banking or financial canvassing activity by physically visiting the homes of the persons canvassed, their place of work or premises not intended for the marketing of digital assets, services on digital assets or financial products, instruments and services, must hold a canvassing card issued by the person on whose behalf they are acting, in accordance with a model set by order of the Minister responsible for…

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Article L341-10 of the French Monetary and Financial Code

Without prejudice to the special rules applicable to the marketing of certain products, the following may not be marketed: 1° Products for which the maximum risk is not known at the time of subscription or for which the risk of loss exceeds the amount of the initial financial contribution, with the exception of: units in non-trading property investment companies. At the end of a period of two years from the…

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Article L341-11 of the French Monetary and Financial Code

Before making an offer relating to financial instruments, digital assets, a service on digital assets, an investment service or a related service, direct marketers shall enquire about the financial situation of the person canvassed, their experience and their investment or financing objectives. These provisions do not apply in the case of mailings carried out under the conditions provided for in V of article L. 341-4, without prejudice to compliance with…

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Article L341-12 of the French Monetary and Financial Code

In good time, before being bound by a contract, the person being canvassed shall receive information laid down by decree in the Conseil d’Etat, relating in particular to: 1° The name and business address of the natural person canvassing ; 2° The name, address and, where applicable, the registration number referred to in article L. 546-1 of the legal entity or entities on whose behalf the direct marketing is being…

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Article L341-14 of the French Monetary and Financial Code

The contract for the provision of an investment service, a digital asset service or a related service, for the execution of a transaction in financial instruments, a transaction in digital assets, a banking transaction or a related transaction, a payment service or a transaction in miscellaneous goods is concluded between the person canvassed and the establishment, firm or legal entity authorised to carry out these activities, without the direct seller…

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Article L341-15 of the French Monetary and Financial Code

All direct marketers are prohibited from receiving cash, negotiable instruments, digital assets, bearer securities or cheques or any payment by any other means from the persons they canvass, subject to the procedures for exercising the right of withdrawal set out in II of article L. 341-16 . The first paragraph of this article does not apply to the persons mentioned in 7° and 8° of article L. 341-3 when they…

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Article L341-16 of the French Monetary and Financial Code

I. – The person canvassed has a period of fourteen completed calendar days in which to exercise his right of withdrawal, without having to justify his decision or incur any penalties. The period during which the right of withdrawal may be exercised begins to run : 1° Either from the day on which the contract is concluded ; 2° Or from the day on which the person being canvassed receives…

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