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Article L317-1 of the French Monetary and Financial Code

Banque de France officials commissioned by the Minister for the Economy and the officials referred to in articles L. 511-3 and L. 511-21 of the Consumer Code are authorised, in the course of their duties, to investigate and record breaches of the provisions of articles L. 312-1-1, L. 312-1-2, L. 314-12, L. 314-13 and L. 315-6 to L. 315-8 of this Code. The authorised officials mentioned in the first paragraph…

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Article L317-3 of the French Monetary and Financial Code

The provisions of I of Article L. 312-1-1 and of Articles L. 312-1-2 and L. 316-1 apply to the payment service providers mentioned in Article L. 521-1 and to the institutions and services mentioned in Article L. 518-1. They are a matter of public policy. Their terms of application are specified by a decree of the Conseil d’Etat. Credit institutions shall provide their customers, on paper or any other durable…

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Article L318-1 of the French Monetary and Financial Code

Credit institutions having their registered office in a State appearing on the list of States receiving official development assistance drawn up by the Development Assistance Committee of the Organisation for Economic Co-operation and Development and which is not a party to the Agreement on the European Economic Area may, with the prior authorisation of the Autorité de contrôle prudentiel et de résolution, only offer banking transactions to natural persons resident…

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Article L318-2 of the French Monetary and Financial Code

In order to issue the authorisation provided for in Article L. 318-1, the Autorité de contrôle prudentiel et de résolution shall verify that the following conditions are met, within the time limits set by order of the Minister responsible for the economy: 1° The credit institution referred to in Article L. 318-1 is subject in the State in which it has its registered office to supervisory conditions equivalent to those…

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Article L318-3 of the French Monetary and Financial Code

The marketing of banking transactions by one of the persons referred to in 4° of article L. 318-2 is subject to the provisions of the Consumer Code and this Code relating to advertising, canvassing and pre-contractual information, and to the provisions of Chapters I and II of Title VI of Book V of this Code, as well as to directly applicable European provisions relating to the fight against money laundering…

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Article L318-4 of the French Monetary and Financial Code

Each year, the credit institutions referred to in Article L. 318-1 provide the Autorité de contrôle prudentiel et de résolution with a report on the transactions carried out under this chapter, in accordance with the conditions laid down by order of the Minister for the Economy.

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Article L318-5 of the French Monetary and Financial Code

The Autorité de contrôle prudentiel et de résolution may withdraw the authorisation referred to in Article L. 318-1 in the following cases: 1° If one or more of the conditions set out in article L. 318-2 are no longer met ; 2° If the credit institution referred to in article L. 318-1 or one of the persons referred to in 4° of article L. 318-2 has been convicted of a…

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Article L321-1 of the French Monetary and Financial Code

Investment services relate to the financial instruments listed in Article L. 211-1 and the units referred to in Article L. 229-7 of the Environmental Code and include the following services and activities: 1. Receipt and transmission of orders on behalf of third parties; 2. Execution of orders on behalf of third parties; 3. Trading on own account; 4. Portfolio management on behalf of third parties; 5. Investment advice; 6-1. Underwriting…

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Article L321-2 of the French Monetary and Financial Code

Services related to investment services include: 1. Custody account-keeping of financial instruments on behalf of third parties and ancillary services such as the keeping of cash accounts corresponding to those financial instruments or the management of financial collateral, and excluding the provision of the centralised account-keeping service within the meaning of Section A of the Annex to Regulation (EU) No 909/2014 on improving securities settlement in the European Union and…

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