Article L743-2 of the French Consumer Code
November 7, 2023
At any time during the procedure, the judge may, if he considers that the debtor’s situation is not irremediably compromised, refer the case back to the commission.
At any time during the procedure, the judge may, if he considers that the debtor’s situation is not irremediably compromised, refer the case back to the commission.
A national file records information on payment incidents linked to loans granted to natural persons for non-business purposes.This file is managed by the Banque de France, which alone is authorised to centralise this information.It is subject to the loi n° 78-17 du 6 janvier 1978 relative à l’informatique, aux fichiers et aux libertés.
The purpose of this file is to provide credit institutions and finance companies mentioned in Title I of Book V of the Monetary and Financial Code, electronic money institutions and payment institutions mentioned in Title II of the same Book V and the bodies mentioned in 5 and 8 of Article L. 511-6 of the same code a factor in assessing the creditworthiness of persons applying for credit. However, registration…
The Banque de France is released from professional secrecy for the dissemination, to the companies mentioned in the first paragraph of article L. 751-2, of the personal information contained in the file.
The conditions under which the Banque de France and the companies mentioned in the first paragraph of Article L. 751-2 informing individuals of their inclusion in and removal from the file, as well as their rights, are specified by decree, issued after consulting the Commission nationale de l’informatique et des libertés.
The Banque de France and the companies mentioned in the first paragraph of article L. 751-2 from providing anyone with a copy of the information contained in the file. This prohibition does not apply to interested parties, who exercise their right of access to information concerning them contained in the file in accordance with the article 49 de la loi n° 78-17 du 6 janvier 1978 relative à l’informatique, aux…
An order of the minister responsible for the economy, issued after consultation with the Commission nationale de l’informatique et des libertés and the comité consultatif du secteur financier, sets out the procedures for collecting, recording, storing and consulting the information. This decree also determines the terms under which the institutions and bodies mentioned in the first paragraph of article L. 751-2 can provide proof that they have consulted the file,…
The companies mentioned in the first paragraph of article L. 751-2 are required to declare to the Banque de France, under conditions specified by decree, any payment incidents that have occurred under conditions specified by the decree mentioned in article L. 751-6.
As soon as a debtor applies to a personal over-indebtedness commission, it informs the Banque de France for the purposes of registration in the file. The same obligation is incumbent on the registry of the judicial court when, on an appeal by the interested party against an admissibility decision made by the commission, the situation referred to in Article L. 711-1 is recognised by this judge or when the debtor…
The file lists the measures of the conventional recovery plan mentioned in Article L. 732-2. These measures are communicated to the Banque de France by the Commission. The registration is kept for the duration of the execution of the conventional plan, without being able to exceed seven years. The file also records measures taken under articles L. 733-1, L. 733-4 and L. 733-7 which are communicated to the Banque de…
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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
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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
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