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Title VI: Obligations relating to the fight against money laundering, the financing of terrorist activities, prohibited lotteries, gaming and betting and tax evasion and fraud

Article L561-1 of the French Monetary and Financial Code

Persons other than those referred to in Article L. 561-2 who, in the exercise of their profession, carry out, control or advise on transactions involving movements of capital, are required to report to the Public Prosecutor any transactions of which they are aware and which involve sums that they know to be the proceeds of one of the offences referred to in Article L. 561-15. Where they have made such…

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Article L561-2 of the French Monetary and Financial Code

The following are subject to the obligations set out in sections 2 to 7 of this chapter: 1° Bodies, institutions and services governed by the provisions of Title I of this Book, including branches of the credit institutions mentioned in Article L. 511-22 and the financial institutions mentioned in Article L. 511-23 ; 1° bis Payment institutions governed by the provisions of Chapter II of Title II of this Book,…

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Article L561-2-1 of the French Monetary and Financial Code

For the purposes of this chapter, the notion of business relationship means the professional or commercial relationship with the customer and includes, where applicable, the beneficial owner. In the case of life insurance and capitalisation contracts, the business relationship includes the beneficiary of the contract and, where applicable, the beneficial owner of the beneficiary of the contract referred to in III of Article L. 561-5. A business relationship is established…

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

For the purposes of this chapter, the beneficial owner is the natural person(s): 1° who ultimately controls, directly or indirectly, the customer ; 2° or for whom a transaction is executed or an activity carried out. A decree of the Conseil d’Etat shall specify the definition and procedures for determining the beneficial owner.

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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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