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Article L751-4 of the French Consumer Code

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.

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Article L751-5 of the French Consumer Code

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…

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Article L751-6 of the French Consumer Code

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,…

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Article L752-1 of the French Consumer Code

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.

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Article L752-2 of the French Consumer Code

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…

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Article L752-3 of the French Consumer Code

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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Article L761-1 of the French Consumer Code

The benefit of the provisions of this book shall be forfeited: 1° Any person who has knowingly made false declarations or submitted inaccurate documents; 2° Any person who has embezzled or concealed or attempted to embezzle or conceal, all or part of his assets ; 3° Any person who, without the agreement of their creditors, the commission or the judge, has increased their indebtedness by taking out new loans or…

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Article L761-2 of the French Consumer Code

Any act or payment made in violation of articles L. 721-2, L. 722-2, L. 722-3, L. 722-4, L. 722-5, L. 722-12, L. 722-13, L. 722-14, L. 722-16, L. 724-4, L. 732-2, L. 733-1 and L. 733-4 may be annulled by the protection litigation judge, at the request of the commission, made within a period of one year from the date of the act or payment of the claim. The credit…

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Article L762-1 of the French Consumer Code

The Banque de France and the companies mentioned in the first paragraph of Article L. 751-2, to provide anyone with a copy of the information contained in the file referred to in article L. 751-1 is punishable by the penalties laid down in articles 226-21 and 226-22 of the Penal Code.

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Article L762-2 of the French Consumer Code

The collection of information contained in the file mentioned in article L. 751-1 by persons other than the Banque de France and the companies mentioned in the first paragraph of Article L. 751-2 is punishable by the penalties set out in article 226-18 of the Penal Code.

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