Section 1: Definitions

Articles in this section · 1

Article L314-1

French Monetary and Financial CodeIn force

Updated 8 Nov 2023

I. - A payment account is an account held in the name of one or more persons and used to carry out payment transactions.

II. - The following are payment services

1° Services enabling cash to be paid into a payment account and management of a payment account;

2° Services enabling cash to be withdrawn from a payment account and payment account management transactions;

3° Execution of the following payment transactions associated with a payment account:

a) Direct debits, including direct debits authorised on a one-off basis ;

b) Payment transactions made with a payment card or similar device;

c) Credit transfers, including standing orders;

4° Execution of the following payment transactions associated with a credit facility:

a) Direct debits, including direct debits authorised on a one-off basis;

b) Payment transactions carried out using a payment card or similar device;

c) Credit transfers, including standing orders;

5° Issuing payment instruments and/or acquiring payment transactions;

6° Money transmission services;

7° Payment initiation services;

8° Account information services.

III. - The following are not considered to be payment services

1° The performance of transactions based on one of the following documents, drawn on the payment service provider with a view to making funds available to the beneficiary:

a) A paper-based service voucher ;

b) A paper-based traveller's cheque;

c) A paper postal order as defined by the Universal Postal Union;

2° The performance of payment transactions relating to the servicing of securities, including the distribution of dividends, income or other amounts, redemptions or sales, carried out within a payment or securities settlement system between settlement agents, central counterparties, clearing houses or central banks and other system participants, and payment service providers or by investment firms, credit institutions, collective investment undertakings or portfolio management companies providing investment services and any other entity authorised to hold financial instruments in custody;

3° Carrying out payment transactions from the payer to the payee, through a person authorised by contract to negotiate or conclude the sale or purchase of goods or services on behalf of the payer only or the payee only;

4° The execution of payment transactions between a parent undertaking and its subsidiary, or between subsidiaries of the same parent undertaking, or within a group within the meaning of Article L. 133-4, without any payment service provider other than an undertaking in the same group acting as intermediary, and the centralisation of payment orders on behalf of a group by a parent undertaking or its subsidiary for subsequent transmission to a payment service provider;

5° The provision of cash withdrawal services through ATMs by service providers acting on behalf of one or more card-issuing payment service providers who are not party to the framework contract with the customer withdrawing money from a payment account, provided that these cash withdrawal service providers are not themselves payment service providers. Where applicable, the user shall be informed of any charges in accordance with the conditions set out in the first paragraph of I and V of Article L. 314-11 and IV of Article L. 314-7 before making the withdrawal and on receipt of the cash at the end of the withdrawal transaction;

6° The provision of services for which cash is provided by the payee for the benefit of the payer as part of a payment transaction, at the express request of the payment service user made immediately prior to execution of the payment transaction via a payment for the purchase of goods or services;

7° The provision of services by a technical service provider in support of the provision of payment services, without the service provider at any time coming into possession of the funds to be transferred and consisting in particular of data processing and recording, privacy protection services, data and entity authentication, information technology and the provision of communication networks, as well as the provision and maintenance of terminals and devices used for payment services, with the exception of payment initiation services and account information services.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
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

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

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

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More