I.-Intermediation in banking transactions and payment services is the activity of presenting, proposing or assisting in the conclusion of banking transactions or payment services or carrying out any work or advice preparatory to their execution.
An intermediary in banking transactions and payment services is any person who, on a regular basis, for remuneration or any other form of economic benefit, intermediates in banking transactions and payment services, without acting as a del credere, or who provides an advisory service within the meaning of Article L. 519-1-1.
II.The second paragraph of I does not apply to credit institutions, finance companies or portfolio management companies mentioned in Article L. 532-9 when acting on behalf of a collective investment scheme that they manage, nor to electronic money institutions that provide payment services, nor to payment institutions, nor to providers of account information services, nor to natural persons employed by a credit institution, a finance company, an electronic money institution that provides payment services or a payment institution, nor to credit institutions, electronic money institutions that provide payment services, payment institutions and natural persons employed by a credit institution, an electronic money institution that provides payment services or a payment institution, operating under the freedom to provide services, or persons who, when carrying out intermediation in banking transactions and payment services, meet the conditions laid down by decree in the Conseil d’Etat, or natural persons employed by persons carrying out intermediation in banking transactions and payment services. The conditions laid down by this decree relate in particular to the activity of the intermediary and the nature of the credit and payment services contract.
III – A decree of the Conseil d’Etat shall specify the conditions for application of this chapter and shall determine the categories of persons authorised to engage in intermediation in banking transactions and payment services.
It distinguishes between these persons according to the nature of the mandates under which they act and, in particular, whether or not they are subject to a contractual obligation to work exclusively for a credit institution, finance company or electronic money institution that provides payment services, a payment institution, a participatory finance intermediary, a participatory finance service provider in the context of its loan facilitation activities, an insurance company in the context of its lending activities or a management company in the context of its AIF management activities mentioned in Article L. 511-6 and depending on whether or not they are able to rely on an objective analysis of the market.