Subsection 8: Banking and payment services intermediaries

Articles in this section · 1

Article L774-15

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

I.-Subject to the adaptation provisions provided for in II and III, the articles mentioned in the first column of the table below shall apply in French Polynesia, in the wording indicated in the second column of the same table:

"


Applicable articles

In the wording resulting from

L. 519-1


Ordinance no. 2021-1735 of 22 December 2021

L. 519-1-1


Order no. 2016-351 of 25 March 2016

L. 519-2


Ordinance no. 2021-1735 of 22 December 2021

L. 519-3 and L. 519-3-1


Act no. 2010-1249 of 22 October 2010

First paragraph of Article L. 519-3-2

Order no. 2021-1735 of 22 December 2021

L. 519-3-3


Act no. 2010-1249 of 22 October 2010

L. 519-3-4


Order no. 2021-1735 of 22 December 2021

L. 519-4


Order no. 2013-544 of 27 June 2013

L. 519-4-1


Order no. 2016-351 of 25 March 2016

L. 519-4-2


Order no. 2021-1735 of 22 December 2021

L. 519-5


Law no. 2013-672 of 26 July 2013

L. 519-6


Act no. 2010-737 of 1 July 2010

L. 519-6-1


Order no. 2016-351 of 25 March 2016

L. 519-11, with the exception of the second paragraph of I, L. 519-12 to L. 519-17


Law no. 2021-402 of 8 April 2021

"II - For the application of the articles mentioned in the table above:

1 - Provisions relating to professional associations are replaced by locally applicable provisions having the same purpose;

2 - References to the register mentioned in I of Article L. 546-1 are replaced by references to the register provided for by locally applicable provisions having the same purpose.

"III.-For the application of the articles mentioned in the table above:

1° In article L. 519-1, II is replaced by the following provisions:

II.- The second paragraph of I does not apply to the first paragraph of II.The second paragraph of I does not apply to credit institutions, finance companies or portfolio management companies mentioned in article L. 532-9 when acting on behalf of a collective investment scheme that they manage, nor to electronic money institutions that provide payment services, nor to payment institutions, nor to providers of account information services, nor to natural persons employed by a credit institution, a finance company, an electronic money institution that provides payment services or a payment institution, or to persons who, as intermediaries in banking transactions and payment services, meet the conditions laid down by decree of the Conseil d'Etat, or to natural persons who are employees of persons who are intermediaries in banking transactions and payment services. The conditions laid down by this decree relate in particular to the activity of the intermediary and the nature of the credit and payment services agreement;

"2° In Article L. 519-1-1, the first paragraph is replaced by the following paragraphs:

"Intermediaries in banking and payment services may provide their customers with advice on transactions relating to property credit agreements, excluding credit consolidation transactions.

"For the purposes of this article, real estate credit agreements include credit agreements guaranteed by a mortgage, by another comparable security interest or by a right attached to real estate for residential use, and credit agreements intended to enable the acquisition or maintenance of property rights over land or an existing or future building;

" 3° In Article L. 519-5, the words: L. 353-1 to L. 353-5 are replaced by the words: L. 353-1 to L. 353-4;

"4° In Article L. 519-6, the references toArticle L. 353-5 of the Monetary and Financial Code are replaced by the provisions in force locally with the same purpose;

"5° In II of Article L. 519-11, 3° is deleted;

"6° In the last paragraph of I of Article L. 519-14, the word: judicial is replaced by the words: of first instance;

"7° In Article L. 519-15, references to compulsory liquidation procedures are replaced by references to procedures with the same purpose in force locally. "

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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