Chapter IV: Payment services

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Article D314-2

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

For the purposes of Article L. 314-1, the following definitions apply

1° Direct debit service: a service for debiting a payer's payment account, where a payment transaction is initiated by the payee on the basis of consent given by the payer to the payee, to the payee's payment service provider or to the payer's own payment service provider;

2° Transfer service means a service provided by the payment service provider holding the payer's payment account, consisting in crediting, on the basis of an instruction from the payer, the payment account of a payee by means of a payment transaction or a series of payment transactions carried out from the payer's payment account;

3. "Payment instrument issuing service" means a payment service provided by a payment service provider contractually agreeing to provide the payer with a payment instrument to initiate and process the payer's payment transactions;

4° Payment transaction acquiring service means a service provided by a payment service provider contracting with a payee to accept and process payment transactions so that funds are transferred to the payee;

5° Money transmission service means a service where funds are received from a payer, without creating payment accounts in the name of the payer or the payee, for the sole purpose of transferring a corresponding amount to a payee or another payment service provider acting on behalf of the payee, and/or where such funds are received on behalf of the payee and made available to the payee;

6° Payment initiation service means a service consisting in initiating a payment order at the request of the payment service user concerning a payment account held with another payment service provider;

7° Account information service, an online service consisting of providing consolidated information concerning one or more payment accounts held by the payment service user either with another payment service provider or with more than one payment service provider.

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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