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…
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,…
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…
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…
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…
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…
Persons engaged in direct marketing of banking and financial services are subject to the disqualifications set out in article L. 500-1.
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…
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…
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…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
