Subsection 3: Obligations of the payer's payment service provider

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Article L722-9

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

I.-1° The originator's payment service provider ensures that fund transfers are accompanied by the following information on the originator:
a) Name;
b) Payment account number;
c) Address, official identity document number, identification number or date and place of birth.
2° The originator's payment service provider shall ensure that fund transfers are accompanied by the following information on the beneficiary:
a) His name;
b) His payment account number;
3° By way of derogation from b of 1° and b of 2°, in the case of a transfer that is not made from or to a payment account, the payer's payment service provider ensures that the transfer of funds is accompanied by a unique transaction identifier.
II - In the case of batch transfers made by a single payer to several payees, whose payment service providers are established outside the territory of the French Republic, I does not apply to individual transfers grouped together in these batches provided that the batch contains the information mentioned in I and that this information has been verified in accordance with III and IV and that the individual transfers bear the payer's payment account number or the unique transaction identifier in the situations mentioned in 3° of I.
III - Before transferring the funds, the payer's payment service provider verifies the accuracy and completeness of the information mentioned in 1° of I concerning the payer on the basis of documents, data or information obtained from a reliable and independent source.
IV.The verification obligations referred to in II may be deemed to have been fulfilled if one of the following conditions is met:
1° The identity of a principal has been verified under the conditions set out in Articles L. 561-5 and the information obtained has been retained under the conditions set out in Article L. 561-12 ;
2° The principal is one of the persons referred to in 13° of Article L. 561-2, in the situations set out in II and III of Article L. 561-3.
V.-By way of derogation from I, transfers of funds for which the payee's payment service provider is established outside the territory of the French Republic, the amount of which is less than €1,000 or the equivalent in local currency, which do not appear to be linked to other transfers of funds, the cumulative amount of which with this transfer exceeds €1,000 or the equivalent in local currency, shall be accompanied by at least:
1° The name of the originator and beneficiary;
2° The payment account number of the originator and beneficiary or the unique transaction identifier in the case of a transfer not made from or to a payment account.
By way of derogation from III, the payer's payment service provider is not required to check the information on the payer for these transfers, except where there are suspicions of money laundering or terrorist financing or if the transaction involves the transmission of funds within the meaning of 6° of II of Article L. 314-1.
VI - The originator's payment service provider shall keep the required information on the originator and beneficiary for a period of five years.
VII - Without prejudice to the provisions of Article L. 722-10, the payer's payment service provider shall not carry out any transfer of funds until it has ensured that this Article is fully complied with.

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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