Subsection 4: Obligations of the payee's payment service provider

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Article L722-12

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

The payment service provider of the payee shall apply effective risk-based procedures, including procedures based on the risk assessment referred to in Article L. 561-4-1, to determine whether to carry out, reject or suspend a transfer of funds that is not accompanied by the required complete information on the payer and payee and to take the necessary follow-up measures under the conditions set out below.
Where the payee's payment service provider finds, on receipt of the transfer of funds, that the information on the payer or payee is missing or incomplete or that the fields concerning this information have not been filled in using characters or elements that are admissible under the conventions of the messaging system or the payment or settlement system, reject the transfer or request complete information on the originator and the beneficiary before crediting the beneficiary's account or making the funds available to the beneficiary, or after doing so, depending on the risk assessment.
Where a payment service provider repeatedly fails to provide the required information on the payer or payee, the payment service provider of the payee shall take action, which may initially include issuing warnings and setting deadlines. It may then reject any further transfers of funds from that payment service provider or restrict or terminate its business relationship with that payment service provider.
The payee's payment service provider shall report this omission and the measures taken to the Autorité de contrôle prudentiel et de résolution.
The payee's payment service provider shall take into account the missing or incomplete information on the payer or payee to assess whether the transfer of funds or all transactions related to the transfer are suspicious and whether they need to be reported, in accordance with the obligations set out in Chapter I of Title VI of Book V, to the service referred to in Article L. 561-23.
The payee's payment service provider shall keep all information on the payer and payee for a period of five years.

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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