Paragraph 1: Account rights and customer relations

Articles in this section · 2

Article D752-2

French Monetary and Financial CodeIn force

Updated 5 Nov 2023

I. - Subject to the provisions of II, the provisions of the articles mentioned in the left-hand column of the table below shall apply in New Caledonia, in the wording indicated in the right-hand column of the same table:


Applicable articles

In the wording resulting from the decree

D. 312-1-1

no. 2018-1175 of 18 December 2018

D. 312-5

No. 2018-229 of 30 March 2018

D. 312-5-1

no. 2016-1811 of 22 December 2016

D. 312-8 and D. 312-8-2

n° 2022-347 of 11 March 2022

D. 312-23 and D. 312-24

n° 2019-1213 of 21 November 2019

II. - For the application of I:
1° In article D. 312-1-1:
a) In 7° of A of I, the words: "in euros in the euro zone" are replaced by the words: "in CFP francs" and the words: "in euros with a card" are replaced by the words: "in CFP francs with a card";
b) In 9°, 10° and 11° of A of I, the occurrences of the word : "SEPA" are replaced by the words: "local or SEPA COM Pacific";
c) 1° and 2° of b of B of I are replaced by the following provisions:
"1° Issuing an international credit transfer : the account is debited with the amount of a transfer, whether permanent or occasional, denominated in a foreign currency or in euros outside France;
"2° Issuing a SEPA-COM-Pacific transfer (in the case of a permanent SEPA-COM-Pacific transfer): the account is debited with the amount of a permanent SEPA-COM-Pacific credit transfer denominated in euros to a beneficiary whose account is located in mainland France, French Polynesia or the Wallis and Futuna Islands;
"2° bis Issuing a local credit transfer (in the case of a permanent local credit transfer): the account is debited with the amount of a permanent local transfer denominated in CFP francs, in favour of a beneficiary whose account is located in New Caledonia;"
2° In Article D. 312-5, 7° is replaced by the following provisions:
"7° Payments by local or SEPA-COM-Pacific direct debit, local or SEPA-COM-Pacific interbank payment instrument or by local or SEPA-COM-Pacific bank transfer, which may be made over the counter or remotely";
3° In Articles D. 312-5 and D. 312-5-1, all occurrences of the words: "in the European Union" are replaced by the words: "in France".

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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