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Article L521-9 of the French Monetary and Financial Code

Payment service providers shall put in place procedures providing for appropriate mitigation measures and control mechanisms to manage the operational and security risks associated with the payment services they provide. An order of the Minister for the Economy and Finance specifies the content of these procedures.

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Article L521-10 of the French Monetary and Financial Code

I. – Payment service providers shall inform the Autorité de contrôle prudentiel et de résolution of any major operational incident without undue delay. II. – Payment service providers shall inform the Banque de France without undue delay of any major security incident. The Banque de France shall assess the incident and, if necessary, take appropriate measures. If it considers it necessary, it shall inform the Autorité de contrôle prudentiel et…

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Article L522-1 of the French Monetary and Financial Code

I. – Payment institutions are legal entities, other than credit institutions, electronic money institutions and the persons mentioned in II of article L. 521-1, which provide the payment services mentioned in article L. 314-1 on a regular professional basis. II. – Account information service providers are natural or legal persons, other than credit institutions, electronic money institutions, payment institutions and the persons mentioned in II of Article L. 521-1, who…

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Article L522-2 of the French Monetary and Financial Code

I. – In addition to providing the payment services mentioned in II of article L. 314-1, payment institutions may provide related services, such as book-entry foreign exchange services, custody services, data recording and processing, and guaranteeing the execution of payment transactions. II. – As part of their business of providing the payment services mentioned in 4° and 5° of II of Article L. 314-1, payment institutions may grant credit if…

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Article L522-3 of the French Monetary and Financial Code

I. – Without prejudice to the provisions of III of Article L. 522-8, payment institutions may engage in an activity other than the provision of payment services on a regular basis, subject to the legislative and regulatory provisions applicable to that activity. For these payment institutions carrying out hybrid activities, activities other than payment services must not be incompatible with the requirements of the profession, in particular the maintenance of…

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Article L522-4 of the French Monetary and Financial Code

I. – Accounts opened by payment institutions are payment accounts that are used exclusively for payment transactions. This exclusive purpose must be expressly provided for in the framework payment services contract governing the account. No funds may be invested in the customer’s name, even temporarily, in a savings or investment product. II. – Payment service users’ funds collected by payment institutions with a view to providing payment services do not…

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Article L522-5-1 of the French Monetary and Financial Code

The institutions referred to in this chapter shall indicate in their annual report the amount and characteristics of the loans they finance or distribute that meet the definition referred to in III of article 80 of law no. 2005-32 of 18 January 2005 on social cohesion and benefit in this respect from public guarantees.

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Article L522-6 of the French Monetary and Financial Code

I. – Before providing payment services, payment institutions must obtain authorisation which is issued by the Autorité de contrôle prudentiel et de résolution, after obtaining the opinion of the Banque de France pursuant to the fourth paragraph of I of article L. 141-4 or article L. 521-8. To obtain this authorisation, an application must be submitted to the Autorité de contrôle prudentiel et de résolution, together with the information defined…

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Article L522-7 of the French Monetary and Financial Code

At the time of authorisation, payment institutions must have paid-up capital in an amount at least equal to the sum laid down by regulation, depending on whether: a) The payment institution provides only the payment service of transmitting funds ; b) The payment institution provides a payment initiation service; c) The payment institution provides other payment services. For the purposes of determining the minimum capital, the provision of the account…

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