Subsection 1: Right to an account

I. - All individuals and legal entities domiciled in France are entitled to open a deposit account with the credit institution of their choice, provided they do not have such an account in France:

1° Any natural person or legal entity domiciled in France ;

2° Any natural person legally resident in another Member State of the European Union and not acting for professional purposes, and any natural person of French nationality resident outside France.

The holding of a collective account by an individual referred to in this article does not preclude the right to open an individual account under the conditions set out in this article.

II. - For natural persons not acting for professional purposes, credit institutions offer basic services defined by decree as part of their range of services.

If these individuals are financially vulnerable within the meaning of article L. 312-1-3, they will be offered the specific service referred to in the same article under conditions laid down by decree in the Conseil d'Etat.

Subject to compliance with the provisions of Chapter I of Title VI of Book V, the institution shall open the deposit account requested by the persons referred to in the first paragraph of this II within six working days of receipt of all the documents required for this purpose.

The institution may reject the application to open an account on the grounds that these persons are eligible for a deposit account under the conditions set out in III.

If the institution refuses to open a deposit account, it will provide the applicant with the reasons for this refusal free of charge on paper, or on another durable medium if the applicant expressly requests this, mentioning, where applicable, the procedure provided for in III.

III. - If the chosen institution refuses to open such an account for one of the persons referred to in I, the latter may refer the matter to the Banque de France so that it may designate a credit institution located near his or her place of residence or another place of his or her choice, taking into account the market share of each institution concerned, within one working day of receipt of the required documents defined by decree.

The credit institution that has refused to open an account shall systematically provide the applicant, free of charge and without delay, on paper, or on another durable medium if the applicant expressly requests it, with a certificate stating that it has refused to open an account and informing the applicant that he or she may ask the Banque de France to designate a credit institution to open an account for him or her.

If the person is an individual, the bank will offer to act in his or her name and on his or her behalf by sending the application for the designation of a credit institution to the Banque de France, together with the information required to open the account. At the request of an individual, the département, the family allowance fund, the municipal or inter-municipal social action centre to which the individual belongs, a non-profit-making association or foundation whose purpose is to support people in difficulty or defend the interests of families, or an approved consumer association may also send the application for designation and the required documents to the Banque de France in the individual's name and on his or her behalf. A decree determines the conditions under which associations and foundations may act on the basis of this paragraph.

The credit institutions thus designated by the Banque de France are required to offer the account holder basic banking services, the content and pricing conditions of which are specified by decree. They shall open the deposit account within three working days of receiving all the documents required for this purpose. The management of the deposit account is governed by a written agreement on paper or on another durable medium where the applicant consents thereto.

The Association française des établissements de crédit et des entreprises d'investissement (French Association of Credit Institutions and Investment Firms), referred to in Article L. 511-29, shall adopt a banking accessibility charter in order to strengthen the effectiveness of the right to an account. This charter specifies the deadlines and procedures for the transmission by credit institutions to the Banque de France of the information required to open an account. It defines the information documents that credit institutions must make available to customers and the training they must provide. It sets out a model certificate for refusing to open an account.

The Banking Accessibility Charter, approved by order of the Minister for the Economy, after consultation with the Financial Sector Consultative Committee and the Consultative Committee for Financial Legislation and Regulation, applies to all credit institutions. Compliance with the charter is monitored by the Autorité de contrôle prudentiel et de résolution and is subject to the procedure set out in article L. 612-31.

IV. - The credit institution may unilaterally terminate the deposit account agreement with basic banking services, opened pursuant to III, only if at least one of the following conditions is met:

1° The customer has deliberately used his deposit account for transactions that the credit institution has reason to suspect are for illegal purposes;

2° The customer has provided inaccurate information;

3° The customer no longer meets the domicile or residence conditions defined in I ;

4° The customer has subsequently opened a second deposit account in France enabling him to use basic banking services;

5° The customer has shown repeated incivilities towards the staff of the credit institution;

6° The institution is in one of the situations referred to in article L. 561-8.

Any termination at the initiative of the credit institution is the subject of a paper letter sent free of charge to the customer. Reasons must be given for the decision to terminate, except where this would be contrary to the objectives of national security or the maintenance of public order. The Banque de France is informed of any decision to terminate the contract at the institution's initiative.

The account holder is given at least two months' notice, except in the cases mentioned in 1° and 2°.

In its termination letter, the institution informs the customer of the existence of a customer relations and mediation service to deal with any disputes arising from the termination of the deposit account agreement.

V. - This article applies to persons registered in the files managed by the Banque de France pursuant to Article L. 131-85 of this Code and Article L. 751-1 of the Consumer Code.