Subsection 1: Common law provisions.

Articles in this section · 8

Article D312-1-1

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

I.-Credit and payment institutions are required to use the following names:

A.-List of the most representative services attached to a payment account :

1° Subscription to remote banking services (internet, fixed telephone, SMS, etc.): a set of services provided by the bank.1° Subscription to remote banking services (internet, landline telephone, SMS, etc.): a set of services provided by a bank that may or may not have a branch or customer reception area and that uses new technologies (internet, telephone, etc.) to carry out some or all of the transactions on the bank account remotely;

2° Subscription to products that provide account status alerts by SMS: the account is debited with the charges levied for the subscription to the alerts service and, where applicable, the charges levied for each SMS sent;

3° Account maintenance: the institution maintains the customer's account;

4° Provision of a debit card (immediate debit international payment card): the institution provides a payment card linked to the customer's account. The amount of each transaction carried out using this card is debited directly and in full from the customer's account on a daily basis;

5° Provision of a debit card (deferred debit international payment card): the institution provides a payment card linked to the customer's account. The amount of each transaction carried out using this card is debited directly and in full from the customer's account on an agreed date. It can also be used to make withdrawals, which are debited from the account on a daily basis;

6° Provision of a debit card (systematic authorisation payment card): the institution provides a payment card linked to the customer's account. The amount of each transaction carried out using this card is debited directly and in full from the customer's account, after automatic and systematic verification of the balance (or provision) available on the account;

7° Cash withdrawals (in the case of withdrawals in euros in the euro zone from an ATM in another establishment using an international payment card): the customer withdraws cash from his or her account in euros using an international payment card from an ATM in another establishment;

8° Subscription to an insurance offer for loss or theft of means of payment: the account is debited with the charges levied by the institution in respect of the insurance premium;

9° Transfer (occasional SEPA transfer): the institution holding the account transfers, on the customer's instruction, a sum of money from the customer's account to another account on an occasional basis;

10° Direct debit (charges per SEPA direct debit payment): the customer authorises a third party (the beneficiary) to instruct the institution holding the customer's account to transfer a sum of money from the customer's account to the beneficiary's account. The institution then transfers the amount to the beneficiary on the date or dates agreed between the customer and the beneficiary. The amount involved may vary. The account is debited with the charges levied by the institution for payment of a SEPA direct debit presented by the beneficiary;

11° Direct debit (charges for setting up a SEPA direct debit mandate): the customer authorises a third party (the beneficiary) to instruct the institution holding the customer's account to transfer a sum of money from the customer's account to that of the beneficiary. The institution then transfers the amount to the beneficiary on the date or dates agreed between the customer and the beneficiary. The amount involved may vary. The account is debited with the fees charged by the institution for setting up a SEPA direct debit mandate;

12° Intervention fee: amount charged by the institution for intervention due to a transaction resulting in an irregularity in the operation of the account requiring special handling (presentation of an irregular payment order, inaccurate bank details, lack of or insufficient funds, etc.);

B.-Other banking services

a) Transactions to the credit of the account :

1° Cash deposit: the account is credited with the amount of a cash deposit;

2° Receipt of a transfer: the account is credited with the amount of a transfer;

3° Deposit of cheque(s): the account is credited with the amount of one or more cheques deposited for collection;

b) Transactions debited from the account:

1° Issuance of a non-SEPA credit transfer: the account is debited with the amount of a credit transfer, whether permanent or occasional, denominated in foreign currencies or in euros outside the SEPA zone (Single Euro Payments Area);

2° Issuing a SEPA credit transfer (permanent SEPA credit transfer): the account is debited with the amount of a permanent SEPA credit transfer denominated in euros to a beneficiary whose account is located in France or in any country in the SEPA zone;

3° Issuance of a bank cheque: the account is debited for the amount of a cheque issued by the bank at the customer's request;

4° Payment of a cheque: the account is debited for the amount of a cheque issued and presented for payment by the beneficiary;

5° Payment of an interbank payment instrument (TIP): the account is debited with the amount of an interbank payment instrument (TIP) presented for payment by the creditor;

6° Card payment (the card is issued by the bank): the account is debited, immediately or at a later date, for the amount of a card payment;

7° Periodic loan repayment: the account is debited, on the due date agreed in the loan contract, for the amount of the capital, interest and any insurance charges;

8° Cash withdrawal at a branch without issuing a cheque: the account is debited for the amount of a cash withdrawal made without issuing a cheque and disbursed at the branch counter;

9° Cash withdrawal from an ATM (case of a withdrawal from a bank ATM): the account is debited for the amount of a cash withdrawal made using a cash withdrawal or payment card at an ATM.

C.- Bank charges and subscriptions :

1° Subscription to a service package: the account is debited with the fees charged by the bank for the subscription to a service package;

2° Card fee: the account is debited with the amount of the card fee;

3° Custody fees: the account is debited with the fees charged by the bank for custody of a securities portfolio;

4° Charges for using remote banking services (Internet, fixed telephone, mobile telephone, SMS, etc.): the account is debited with the charges levied by the bank for each use of remote banking services;

5° Safe-deposit box hire charges: the account is debited with the cost of hiring a safe-deposit box;

6° Charges for setting up a standing order: the account is debited with the charges levied by the bank for setting up a standing order;

7° Bank cheque issue charges: the account is debited with the charges levied by the bank for issuing a bank cheque;

8° Chequebook dispatch charges: the account is debited with the cost of dispatching one or more chequebooks;

9° Bank card blocking charges: the account is debited with the charges levied by the bank when it blocks a card and prevents any transaction in the event of misuse of the card by the holder;

10° Cheque(s) stop payment charges by the issuer: the account is debited with the charges levied by the bank for stopping payment on one or more cheques;

11° Cheque stoppage fee(s) by the issuer: the account is debited with the fees charged by the bank for stoppage of one or more chequebooks;

12° Prior information letter charges for bounced cheques: the account is debited with the charges levied by the bank when it informs the customer, by letter, that he/she has issued a bounced cheque;

13° Unauthorised debit letter charges: the account is debited with the charges levied by the bank when it informs the customer, by letter, that the account balance is in debit (negative) without authorisation or has exceeded the amount or duration of the authorised overdraft;

14° Flat-rate charges for cheques rejected for insufficient funds: the account is debited with the flat-rate charges levied by the bank for rejecting cheques for insufficient funds;

15° Charges for direct debits rejected for insufficient funds: the account is debited with the charges levied by the bank when the available balance of the account is insufficient to settle the amount of the direct debit presented for payment by the creditor and the transaction is rejected;

16° Charges for administrative seizure by a third party holder: the account is debited for bank charges relating to a procedure initiated by a public accountant to obtain a sum owed to him/her;

17° Attachment charges: the account is debited with bank charges relating to legal proceedings initiated by a creditor to obtain a sum owed to him/her;

18° Incomplete occasional transfer charges: the account is debited with charges levied by the bank when issuing a transfer for which the beneficiary's bank details are missing or incorrect;

19° Charges per standing order: the account is debited with the charges levied by the bank for issuing a standing order;

20° Fee for non-execution of standing order due to insufficient funds: the account is debited with the fee charged by the bank when the standing order cannot be executed due to an insufficient available balance;

21° Document search charges: the account is debited with charges levied by the bank for searching for and publishing documents relating to the account at the customer's request;

22° Debit interest: the account is debited with interest due to a debit balance on the account for one or more days;

23° Charges following notification by the Banque de France of a ban on issuing cheques: the account is debited with the charges levied by the bank to implement the ban on the customer issuing cheques notified by the Banque de France;

24° Charges for notifying the Banque de France of a decision to withdraw a bank card: the account is debited with the charges levied by the bank that notifies the Banque de France of a decision to withdraw a bank card from its customer.

II - Credit and payment institutions are required to use the designations referred to in A of I in advertising when the price of the service in question is mentioned, and in pricing and contractual information.

III - In addition to the designations referred to in A of I, credit and payment institutions are required to use the designations referred to in B and C of I in pricing information.

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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