Section 6: Access to payment account services held by credit institutions

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Article L312-23

French Monetary and Financial CodeIn force

Updated 8 Nov 2023

The rules governing access by payment institutions and electronic money institutions to payment account services held by credit institutions on behalf of other payment service providers shall be objective, non-discriminatory and proportionate. Such access shall be sufficiently wide to enable payment institutions and electronic money institutions to provide payment services efficiently and without hindrance ;

Credit institutions shall put in place objective, non-discriminatory and proportionate rules to govern access by issuers of tokens that have obtained the approval referred to in Article L. 552-4, service providers registered in accordance with Article L. 54-10-3 and service providers that have obtained the authorisation referred to in Article L. 54-10-5 to the deposit and payment account services that they maintain. This access shall be sufficiently extensive to enable these persons to use these services effectively and without hindrance. The conditions of application of this article shall be specified by decree. In particular, the decree shall specify the channels and deadlines for appeal in the event of refusal by credit institutions.

The credit institution shall communicate the reasons for any refusal to the Autorité de contrôle prudentiel et de résolution for the players mentioned in the first paragraph of this article and to the Autorité des marchés financiers and the Autorité de contrôle prudentiel et de résolution for the players mentioned in the second paragraph.

Mariela Petrova

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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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