Without prejudice to the specific provisions applicable to them, the prohibitions defined in Article L. 511-5 do not apply to the institutions and services listed in Article L. 518-1, nor to undertakings governed by the Insurance Code, nor to reinsurance companies, nor to provident institutions governed by Title III of Book IX of the Social Security Code, nor to approved bodies subject to the provisions of Book II of the Mutual Code, nor to supplementary professional retirement funds mentioned in Article L. 381-1 du code des assurances, ni les mutuelles ou unions de retraite professionnelle supplémentaire mentionnées à l’article L. 214-1 du code de la mutualité, ni les institutions de retraite professionnelle supplémentaire mentionnées à l’article L. 942-1 of the Social Security Code, nor investment firms, nor electronic money institutions, nor payment institutions, nor an approved body mentioned in the second paragraph of article L. 313-1 of the Code de la construction et de l’habitation for transactions governed by the Code de la construction et de l’habitation, or UCITS or AIFs covered by paragraphs 1, 2, 3 and 6 of sub-section 2, and sub-sections 3, 4 and 5 of section 2 of Chapter IV of Title I of Book II, AIFs that have received authorisation to use the name “ELTIF” pursuant to Regulation (EU) 2015/760 of the European Parliament and of the Council of 29 April 2015 on European long-term investment funds or the management companies that manage them.
The prohibition relating to credit transactions does not apply to:
1. Non-profit organisations which, as part of their mission and for social reasons, grant loans on preferential terms to some of their members from their own resources;
1° bis. Associations governed by the law of 1st July 1901 relating to the contract of association or entered in the register of associations in application of the local civil code applicable in the departments of Bas-Rhin, Haut-Rhin and Moselle, which have been declared for at least three years and all of whose activities are mentioned in b of 1 of article 200 of the General Tax Code, as well as associations and foundations recognised as being in the public interest, which use their available long-term resources to grant interest-free loans of less than two years to members of the union referred to in article 7 of the decree of 16 August 1901 implementing the law of 1 July 1901 on the contract of association or the federation of associations constituted in the form of an association of which they are members;
2. Organisations which, for the purposes of the transactions defined in article L. 411-1 of the French Construction and Housing Code, and exclusively as an accessory to their activity as builders or service providers, grant deferred payment of the price of homes acquired or subscribed to by natural persons purchasing home ownership;
3. Companies that grant advances on salaries or loans of an exceptional nature granted for social reasons to their employees;
3 bis. Commercial companies whose accounts for the last financial year have been certified by a statutory auditor or which have voluntarily appointed a statutory auditor under the conditions defined in II of article L. 823-3 of the Commercial Code and which grant, as an accessory to their main activity, loans of less than three years to micro, small and medium-sized enterprises or to intermediate-sized enterprises with which they have economic links that justify this. The granting of a loan may not have the effect of imposing payment terms on a commercial partner that do not comply with the legal ceilings defined in articles L. 441-10 to L. 441-13 of the French Commercial Code. A Conseil d’Etat decree sets the conditions and limits under which these companies may grant these loans.
Loans granted in this way are formalised in a loan agreement, subject, depending on the case, to articles L. 225-38 to L. 225-40 or articles L. 223-19 and L. 223-20 of the same code. The amount of loans granted is disclosed in the management report and is subject to an attestation by a statutory auditor in accordance with the procedures laid down by decree in the Conseil d’Etat.
Notwithstanding any provision or stipulation to the contrary, the loans held by the lender may not, on pain of nullity, be acquired by a securitisation undertaking referred to in article L. 214-168 of this code or a specialised professional fund referred to in article L. 214-154 or be the subject of contracts constituting financial futures instruments or transferring insurance risks to these same undertakings or funds;
4. Entities and institutions governed by foreign law which are assignees of unmatured receivables or which have such receivables transferred or assigned to them as a result of credit transactions entered into by credit institutions, finance companies or the UCITS and FIAs mentioned in the first paragraph of this article, with the exception, on pain of nullity, of receivables where the debtor is a natural person acting for non-business purposes.
The entities and institutions governed by foreign law mentioned above are those whose purpose or activity is similar to that of the persons mentioned in the first paragraph of this article or to that of credit institutions or finance companies, collective investments mentioned in I of article L. 214-1, pension funds and securitisation undertakings;
5. Not-for-profit associations and foundations recognised as being in the public interest that grant loans from their own resources and from borrowed resources for the creation, development and takeover of companies with a workforce not exceeding a threshold set by decree, or for the implementation of integration projects by individuals.
These associations and foundations are not authorised to offer financial instruments to the public. They may finance their activity with resources borrowed from credit institutions, finance companies and the institutions or services mentioned in article L. 518-1. They may also finance their activities by borrowing funds, free of charge and for a period of at least two years, from legal entities other than those mentioned in this paragraph or from natural persons, duly informed of the risks involved.
These associations and foundations are authorised under conditions defined by decree in the Conseil d’Etat. They shall indicate in their annual report the amount and characteristics of the loans they finance or distribute that meet the definition referred to in III of article 80 of law no. 2005-32 of 18 January 2005 on social cohesion and benefit in this respect from public guarantees;
6. To legal entities for the equity loans they grant by virtue of articles L. 313-13 to L. 313-17 and to the legal entities mentioned in article L. 313-21-1 for the issue of the guarantees provided by this article;
6 bis. To bodies and companies that make up a group of social housing bodies mentioned in the article L. 423-1-1 du code de la construction et de l’habitation for credit transactions between themselves;
7. Any natural person or legal entity that grants loans for participatory financing purposes using the services of a participatory financing service provider within the meaning of Regulation (EU) 2020/1503 or in accordance with the provisions of Article L. 548-1, up to a maximum of one loan per project. The contractual rate applicable to loans against payment is fixed and does not exceed the rate mentioned inarticle L. 314-6 of the French Consumer Code , subject to the provisions of article L. 314-9 of the same code;
8. Third-party financing companies as defined in article L. 381-2 of the Code de la Construction et de l’Habitation, the majority of whose shareholders are local authorities or which are attached to a supervising local authority.
These sociétés de tiers-financement are not authorised to offer financial securities to the public or to collect funds repayable from the public. They may be financed by resources borrowed from credit institutions or finance companies or by any other means. A decree specifies the conditions under which they are authorised by the Autorité de contrôle prudentiel et de résolution to carry out credit activities, as well as the internal control rules applicable to them in this respect.
The Autorité de contrôle prudentiel et de résolution will rule on an application to conduct credit business within two months of receiving a complete application. If the authority has not notified the applicant of its decision by the end of this period, the application is deemed to have been accepted.
Where the authority requests additional information, it shall notify the applicant in writing, specifying that the requested information must be received within thirty days. If the information is not received within this period, the application for authorisation is deemed to have been rejected. On receipt of all the information requested, the authority will acknowledge receipt in writing. This acknowledgement of receipt will specify a new time limit for processing, which may not exceed two months.
Third-party financing companies verify the borrower’s solvency on the basis of a sufficient amount of information, including information provided by the borrower at their request. They consult the file provided for in article L. 751-1 of the French Consumer Code under the conditions laid down by the order referred to in article L. 751-6 of the same code. In their annual report, they indicate the amount and characteristics of the advances they grant as part of their third-party financing activity and the resources they mobilise for this purpose.