Subsection 1: Obligations relating to the fight against money laundering and terrorist financing

Articles in this section · 2

Article R775-38

French Monetary and Financial CodeIn force

Updated 5 Nov 2023

I. - Are applicable in the Wallis and Futuna Islands, subject to the adaptations provided for in II and III, the provisions of the articles mentioned in the left-hand column of the table below, in the wording indicated in the right-hand column of the same table:


Applicable articles

In the wording resulting from the decree

R. 561-1 to R. 561-3-0

No 2018-284 of 18 April 2018

R. 561-4 and R. 561-5

No. 2020-118 of 12 February 2020

R. 561-5-1

n° 2021-387 of 2 April 2021

R. 561-5-2 to R. 561-9

n° 2020-118 of 12 February 2020

R. 561-10

n° 2021-387 of 2 April 2021

R. 561-10-3 to R. 561-11-1

n° 2018-284 of 18 April 2018

R. 561-12 to R. 561-14

n° 2020-118 of 12 February 2020

R. 561-14-1

n° 2018-284 of 18 April 2018
R. 561-14-1-1 and R. 561-14-2

n° 2023-63 of 3 February 2023


R. 561-15

n° 2020-118 of 12 February 2020

R. 561-16

n° 2023-63 of 3 February 2023

R. 561-16-1

n° 2021-387 of 2 April 2021

R. 561-16-2

n° 2020-118 of 12 February 2020

R. 561-18

n° 2021-1112 of 23 August 2021

R. 561-19 to R. 561-21

n° 2020-118 of 12 February 2020

R. 561-22

n° 2018-284 of 18 April 2018

R. 561-22-1

n° 2020-118 of 12 February 2020

R. 561-22-2

n° 2021-387 of 2 April 2021

R. 561-23

n° 2020-118 of 12 February 2020

R. 561-24

n° 2019-1248 of 28 November 2019

R. 561-25 to R. 561-27

n° 2018-284 of 18 April 2018

R. 561-28

n° 2021-387 of 2 April 2021

R. 561-29 to R. 561-31-2

n° 2018-284 of 18 April 2018

R. 561-31-3

n° 2021-387 of 2 April 2021

R. 561-32

n° 2018-284 of 18 April 2018

R. 561-36

n° 2021-1757 of 22 December 2021

R. 561-36-1 and R. 561-36-2

n° 2018-284 of 18 April 2018

R. 561-36-3

n° 2021-1112 of 23 August 2021

R. 561-37

n° 2018-284 of 18 April 2018

R. 561-37-1

n° 2021-1112 of 23 August 2021

R. 561-38 and R. 561-38-1

n° 2018-284 of 18 April 2018

R. 561-38-2

n° 2019-1248 of 28 November 2019

R. 561-38-3

n° 2018-284 of 18 April 2018

R. 561-38-4

n° 2022-110 of 1st February 2022

R. 561-38-5

No. 2020-118 of 12 February 2020

R. 561-38-6

n° 2018-284 of 18 April 2018

R. 561-38-7 and R. 561-38-8

n° 2022-110 of 1 February 2022

R. 561-38-9

n° 2018-284 of 18 April 2018

R. 561-39 with the exception of the third paragraph, R. 561-40 and R. 561-41

n° 2021-387 of 2 April 2021

R. 561-41-1

No 2020-118 of 12 February 2020

R. 561-42

n° 2009-1535 of 10 December 2009

R. 561-42-1 with the exception of its 2°, 3°, 4°, 5°, 7° and 8°, R. 561-42-2 to R. 561-45

No. 2018-284 of 18 April 2018

R. 561-46

n° 2009-1535 of 10 December 2009

R. 561-47

n° 2018-284 of 18 April 2018

R. 561-48

n° 2009-1535 of 10 December 2009

R. 561-49 to R. 561-50-2

n° 2018-284 of 18 April 2018

R. 561-55

n° 2021-300 of 18 March 2021

R. 561-56 to R. 561-59

n° 2020-118 of 12 February 2020

R. 561-60 and R. 561-61

n° 2017-1094 of 12 June 2017

R. 561-62 to R. 561-64

n° 2020-118 of 12 February 2020

II. - For the application of I:

1° References to trusts within the meaning of the Civil Code shall be deleted and references to any other comparable legal arrangement under foreign law shall be replaced by references to any legal arrangement comparable to a trust under foreign law;

2° References to the Commercial Court shall be replaced by references to the Court of First Instance ruling in commercial matters;

3° References to agents of the Directorate General of Public Finances shall be replaced by references to agents of the Wallis and Futuna tax administration;

4° References to agents of the customs administration are replaced by references to locally competent agents responsible for customs operations;

5° References to agents appointed by the administrative authority responsible for competition and consumer affairs and agents responsible for the gaming police are replaced by references to locally competent agents responsible for competition and gaming police operations.

III. - For the application of the aforementioned articles:

1° In article R. 561-5-1, 1° is replaced by the following provisions:

1° By using an electronic means of identification certified or attested by the Agence nationale de la sécurité des systèmes d'information that complies with either the substantial or high guarantee level, or issued as part of an electronic information scheme whose guarantee level corresponds to either the substantial or high level, as qualified by locally applicable provisions equivalent to those implementing Regulation No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market ;

2° In Article R. 561-5-2:

a) The words: 1° to 6° bis are replaced by the words: 1° to 6°, with the exception of 1°c, ;

b) The references to the Annex to Implementing Regulation (EU) 2015/1502 of 8 September 2015 and to Article 22 of Regulation (EU) No 910/2014 of 23 July 2014 are replaced by the locally applicable provisions equivalent to those implementing Regulation No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market;

3° In 1° and 2° of Article R. 561-5-3, in 6° bis of Article R. 561-10 and in Article R. 561-22-2, after the words: in 9° bis of Article L. 561-2 are inserted the words: solely for gaming or betting operators authorised on the basis of Article 21 of Law No 2010-476 of 12 May 2010 relating to the opening up to competition and the regulation of the online gambling sector and their legal representatives;

4° In Article R. 561-6, the words: referred to in 9° of Article L. 561-2, and under the conditions defined by Article 17 of Act no. 2010-476 of 12 May 2010 on the opening up to competition and regulation of the online gambling sector when it is carried out by the persons referred to in 9° bis of Article L. 561-2 are replaced by the words: authorised to carry out such checks by locally applicable provisions having the same purpose;

5° In Articles R. 561-8 and R. 561-15, the words: or which is subject to disclosure requirements in accordance with European Union law are deleted;

6° In Article R. 561-9:

a) The words: 1° to 6° bis are replaced by the words: 1° to 6°, with the exception of 1° quater;

b) The words: in the Member States of the European Union are replaced by the words: in mainland France;

7° In Article R. 561-10, the words: in 7° bis and 7° quater are replaced by the words: in 7° quater ;

8° In Articles R. 561-13, R. 561-16, R. 561-20-4 and R. 561-28, after the words: mentioned in 1° to 6° , the words: with the exception of 1°c, are inserted;

8° bis In Article R. 561-14-1-1 :

a) In the first paragraph of I, the words "1°, 1° ter and 1° quater" are replaced by the words "1° and 1° ter" ;

b) In 3° of I, the words "1° to 1° quater" are replaced by the words "1° to 1° ter";

c) Point d of 4° of I reads as follows "issue transfers of funds to a deposit account or payment account opened with a person referred to in 1° to 1° ter of Article L. 561-2 who is established in France";

9° In Article R. 561-15:

a) In 1°, the words: 1° to 6° bis are replaced by the words: 1° to 6°, with the exception of 1° quater;

b) In 3°:

i) The first paragraph is replaced by the following provisions:

3° Public authorities or public bodies designated as such under any of France's international commitments, and which meet the following three criteria: ;

ii) The c is replaced by the following:

c) They are subject to appropriate procedures for monitoring their activity;

10° In Article R. 561-16, the reference to Article L. 441-1 of the Insurance Code is replaced by the equivalent locally applicable provisions having the same purpose;

11° In Articles R. 561-16-2, R. 561-31-1 and R. 561-31-2, the words: 1° to 1° quater are replaced by the words: 1° to 1° ter;

12° In article R. 561-16-2, the words: acquirers within the meaning of Regulation EU 2015/751 of the European Parliament and of the Council of 29 April 2015, are replaced by the words: linked payment service providers who enter into a contract with a beneficiary with a view to accepting and processing payment transactions linked to a card, which give rise to a transfer of funds to that beneficiary;

13° In Articles R. 561-20-5 and R. 561-21, the words: in 1° to 1°c and 5° to 6°a are replaced by the words: in 1° to 1°b, 5° and 6°;

14° In Article R. 561-22-1, the words: pursuant to Article 9 of Directive (EU) 2015/849 of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing are deleted;

15° In Articles R. 561-23, R. 561-24 and R. 561-38-2, after the words: in 1° to 7°c are inserted the words: with the exception of 1°c and 6°a;

16° In Articles R. 561-25 and R. 561-57 :

a) References to the professions of lawyer, bailiff, notary, auctioneer, chartered accountant, sports agent, agent appointed by the administrative authority responsible for competition and consumer affairs and gaming police are replaced by references to these professions as established by the regulations in force locally;

b) administrateurs judiciaires , commissaires-priseurs judiciaires and experts-comptables are understood to mean similar activities regulated by locally applicable provisions having the same purpose;

17° In Article R. 561-31-2, after the words: in 1° to 7° , the words: with the exception of 1° quater and 6° bis, are inserted;

18° In Articles R. 561-38-4 and R. 561-38-7:

a) After the words: 1° to 2° sexies, the words: with the exception of 1° quater, and the words: and 6° bis are deleted;

b) The words: mentioned in I and II are replaced by the words: mentioned in I;

19° In article R. 561-38-8, the words: 7° to 17° are replaced by the words: 7° to 9°, 9° bis only for gaming or betting operators authorised on the basis of Article 21 of Law 2010-476 of 12 May 2010 on the opening up of competition and regulation of the online gambling sector and their legal representatives, 10° to 16°;

20° In Article R. 561-38-9, after the words: 1° to 8° , the words: with the exception of 1° quater and 6° bis are inserted;

21° In Articles R. 561-38-9 and R. 561-39, after the words: 9° bis , the following words are inserted: only for gaming or betting operators authorised on the basis of Article 21 of Law No 2010-476 of 12 May 2010 relating to the opening up of competition and the regulation of the online gambling sector and their legal representatives.

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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