Section 12: Access to payment accounts

Articles in this section · 5

D133-8D133-9D133-10D133-11D133-12

Article D133-10

French Monetary and Financial CodeIn force
Ask for lawyer reviewed or certified translation

Updated 6 Nov 2023

The exemption from the obligation to set up an emergency mechanism for payment service providers that have a dedicated interface meeting all the conditions mentioned in Article 33(6) of Commission Delegated Regulation (EU) No 2018/389 of 27 November 2017 is issued by the Autorité de contrôle prudentiel et de résolution, after receiving the opinion of the Banque de France underArticle L. 521-8 of the Monetary and Financial Code.

Payment service providers managing accounts wishing to benefit from the exemption shall send the Autorité de contrôle prudentiel et de résolution an application including:

1° An audit report on the compliance of the dedicated interface with all the obligations set out in Article 32 of the same Delegated Regulation;

2° An assessment of the test carried out pursuant to Article 30(5) of the Delegated Regulation;

3° Statistics on the use of the dedicated interface over the three months preceding the application. These three months may be included in the six-month period referred to in paragraph 5 of Article 30 of the same Delegated Regulation;

4° A summary of the conditions for resolving problems relating to the dedicated interface described in paragraph 1 of Article 33 of the same Delegated Regulation;

5° A report attesting to the compliance of the dedicated interface with the security provisions set out in the same Delegated Regulation and detailed in a security reference framework drawn up by the Banque de France pursuant to Article L. 521-8 of this Code. This report is drawn up by an assessment centre approved by the Agence nationale de la sécurité des systèmes d'information in accordance with the provisions of decree no. 2002-535 of 18 April 2002 relating to the assessment and certification of the security offered by information technology products and systems. The cost of this assessment is borne by the payment service providers managing the accounts. This report is sent by the Autorité de contrôle prudentiel et de résolution to the Banque de France so that it can ensure the security of the dedicated interface, pursuant to Article L. 521-8.

The Autorité de contrôle prudentiel et de résolution shall consult the European Banking Authority so that it can ensure the consistent application of the conditions mentioned in paragraph 6 of Article 33 of Delegated Regulation (EU) No 2018/389 of 27 November 2017.

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
Previous articleArticle D133-9Next articleArticle D133-11
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.

Talk To A Corporate Lawyer+33 1 84 88 31 00
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