I.- Subject to the adaptation provisions provided for in II and III, the articles mentioned in the first column of the table below shall apply in New Caledonia, in the wording indicated in the second column of the same table:
”
Applicable articles | In the wording resulting from |
---|---|
L. 519-1 |
Ordinance no. 2021-1735 of 22 December 2021 |
L. 519-1-1 |
Order no. 2016-351 of 25 March 2016 |
L. 519-2 |
Ordinance no. 2021-1735 of 22 December 2021 |
L. 519-3 and L. 519-3-1 |
Act no. 2010-1249 of 22 October 2010 |
First paragraph of Article L. 519-3-2 | Order no. 2021-1735 of 22 December 2021 |
L. 519-3-3 |
Act no. 2010-1249 of 22 October 2010 |
L. 519-3-4 |
Order no. 2021-1735 of 22 December 2021 |
L. 519-4 |
Order no. 2013-544 of 27 June 2013 |
L. 519-4-1 |
Order no. 2016-351 of 25 March 2016 |
L. 519-4-2 |
Order no. 2021-1735 of 22 December 2021 |
L. 519-5 |
Law no. 2013-672 of 26 July 2013 |
L. 519-6 |
Act no. 2010-737 of 1 July 2010 |
L. 519-6-1 |
Order no. 2016-351 of 25 March 2016 |
L. 519-11, with the exception of the second paragraph of I, L. 519-12 to L. 519-17 |
Law no. 2021-402 of 8 April 2021 |
“II – For the application of the articles mentioned in the table above:
1 – Provisions relating to professional associations are replaced by locally applicable provisions having the same purpose;
2 – References to the register mentioned in I of Article L. 546-1 are replaced by references to the register provided for by locally applicable provisions having the same purpose.
“III.-For the application of the articles mentioned in the table above:
1° In article L. 519-1, II is replaced by the following provisions:
II.- The second paragraph of I does not apply to the first paragraph of 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, or to persons who, as intermediaries in banking transactions and payment services, meet the conditions laid down by decree of the Conseil d’Etat, or to natural persons who are employees of persons who are intermediaries 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 agreement;
“2° In Article L. 519-1-1, the first paragraph is replaced by the following paragraphs:
“Intermediaries in banking and payment services may provide their customers with advice on transactions relating to property credit agreements, excluding credit consolidation transactions.
“For the purposes of this article, real estate credit agreements include credit agreements guaranteed by a mortgage, by another comparable security interest or by a right attached to real estate for residential use, and credit agreements intended to enable the acquisition or maintenance of property rights over land or an existing or future building;
” 3° In Article L. 519-5, the words: L. 353-1 to L. 353-5 are replaced by the words: L. 353-1 to L. 353-4;
“4° In Article L. 519-6, the references toArticle L. 353-5 of the Monetary and Financial Code are replaced by the provisions in force locally with the same purpose;
“5° In II of Article L. 519-11, 3° is deleted;
“6° In the last paragraph of I of Article L. 519-14, the word: judicial is replaced by the words: of first instance;
“7° In Article L. 519-15, references to compulsory liquidation procedures are replaced by references to procedures with the same purpose in force locally. “