Bank and payment services intermediaries may provide their customers with advice on transactions relating to the credit agreements referred to in article L. 313-1 of the French Consumer Code, with the exception of credit consolidation transactions as defined in articles L. 314-10 to L. 314-14 of the same code.
The advisory service consists of providing customers, including potential customers, with personalised recommendations concerning one or more transactions relating to credit agreements. It constitutes an activity distinct from the granting of credit and intermediation in banking transactions and payment services.
This personalised recommendation concerns one or more credit agreements adapted to the customer’s needs and financial situation on the basis of consideration of :
– a sufficiently large number of credit agreements in their product range for intermediaries acting under a mandate from a credit institution or finance company; or
– a sufficiently large number of credit agreements available on the market for intermediaries acting under a mandate from a customer.
Advice is considered to be independent if it is given in consideration of a sufficiently large number of credit agreements available on the market and if its provision does not give rise to any remuneration other than that paid, where applicable, by the client, or to any form of economic advantage.
A credit intermediary who provides an independent advisory service may be called an independent adviser.
The conditions for the provision of the advisory service are specified by decree in the Conseil d’Etat.