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Article L561-2-3 of the French Monetary and Financial Code

The persons mentioned in 1°, 1° bis, 1° ter and 1° quater of Article L. 561-2 are not subject to the provisions of this chapter solely in respect of their activities in providing the service mentioned in 8° of II of Article L. 314-1. The persons mentioned in 4° of Article L. 561-2 are not subject to the provisions of this chapter for projects whose financing corresponds to amounts below…

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Article L561-3 of the French Monetary and Financial Code

I. – The persons referred to in 13° of Article L. 561-2 are subject to the provisions of this chapter when, in the course of their professional activity: 1° They participate in the name and on behalf of their client in any financial or real estate transaction or act in a fiduciary capacity ; 2° They assist their client in the preparation or execution of transactions concerning : a) The…

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Article L561-4 of the French Monetary and Financial Code

Natural or legal persons who carry out, in direct connection with their main business, an ancillary financial activity which falls within one of the categories mentioned in 1° to 7°c of Article L. 561-2 and which presents little risk of money laundering or terrorist financing shall be exempt from the obligations of this chapter. A decree of the Conseil d’Etat shall define the financial activities that may be considered as…

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Article L561-4-1 of the French Monetary and Financial Code

The persons referred to in Article L. 561-2 shall apply the due diligence measures intended to implement their obligations under this chapter on the basis of an assessment of the risks presented by their activities in terms of money laundering and terrorist financing. To this end, they shall define and implement systems for identifying and assessing the money laundering and terrorist financing risks to which they are exposed, as well…

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Article L561-5 of the French Monetary and Financial Code

I. – Before entering into a business relationship with their customer or assisting them in preparing or carrying out a transaction, the persons mentioned in Article L. 561-2 : 1° Identify their customer and, where applicable, the beneficial owner within the meaning of Article L. 561-2-2; 2° Verify these identification details on presentation of any documentary evidence. II. – They shall identify and verify the identity of their occasional customers…

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Article L561-5-1 of the French Monetary and Financial Code

Before entering into a business relationship, the persons referred to in Article L. 561-2 shall collect information relating to the purpose and nature of the relationship and any other relevant information. They shall update this information throughout the duration of the business relationship. The procedures for applying this article are specified by decree in the Conseil d’Etat.

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Article L561-6 of the French Monetary and Financial Code

Throughout the duration of the business relationship and in accordance with the conditions laid down by decree of the Conseil d’Etat, these persons shall, within the limits of their rights and obligations, exercise constant vigilance and carefully examine the transactions carried out, ensuring that they are consistent with their up-to-date knowledge of the business relationship.

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Article L561-7 of the French Monetary and Financial Code

I. – For the persons mentioned in 1° to 6° and 7° bis of Article L. 561-2, the obligations laid down in I and III of Article L. 561-5 and in Article L. 561-5-1 may be implemented by a third party in either of the following two cases: 1° The third party is a person mentioned in 1° to 2° ter or 3° bis, 5°, 6°, 12°, 12° bis or…

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Article L561-8 of the French Monetary and Financial Code

I. – When a person referred to in Article L. 561-2 is unable to meet the obligations laid down in Article L. 561-5 or Article L. 561-5-1, it shall not carry out any transaction, whatever the terms and conditions thereof, nor establish or continue any business relationship and may transmit the report provided for in Article L. 561-15 under the conditions laid down in that Article. If the declaration has…

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