I. – The guarantee provided for in article L. 519-4 is triggered by the default of the intermediary in banking transactions and payment services, without the guarantor being able to claim the benefit of discussion or division from the creditor. Default by the guaranteed party is deemed to have occurred one month after the date of receipt by the guaranteed party of a registered letter demanding payment of the sums due or a summons to pay which has remained without effect. Default is also deemed to have occurred in the event of a court-ordered liquidation.
II. – Payment is made by the guarantor in the month following the expiry of a period of three months from receipt of the first written request, sent by registered letter with acknowledgement of receipt. If other requests are received during the three-month period, the amount will be apportioned on a lump-sum basis if the total amount of the requests exceeds the amount of the guarantee.
III. – The minimum amount of the guarantee is set by an order of the Minister responsible for the economy.
IV. – The guarantee commitment, which takes effect on 1st March for a period of twelve months, is tacitly renewed on 1st January of each year. The amount of the guarantee is revised if necessary when the contract is renewed.
V. – Persons commencing the business of intermediation in banking transactions and payment services must provide a financial guarantee in the form of a surety undertaking covering the period from the date of their registration in the single register of intermediaries referred to in Article R. 546-1 until 1 March of the following year.