French Monetary and Financial Code
In forceThe following are subject to the obligations set out in sections 2 to 7 of this chapter:
1° Bodies, institutions and services governed by the provisions of Title I of this Book, including branches of the credit institutions mentioned in Article L. 511-22 and the financial institutions mentioned in Article L. 511-23 ;
1° bis Payment institutions governed by the provisions of Chapter II of Title II of this Book, including branches of the payment institutions mentioned in II of Article L. 522-13;
1° ter Electronic money institutions governed by Chapter VI of Title II of this Book, including branches of electronic money institutions mentioned in Article L. 526-24;
1°c Credit institutions, payment institutions and electronic money institutions having their registered office in another Member State of the European Union or party to the European Economic Area insofar as they carry out their activity on national territory using the services of one or more agents for the provision of payment services in France or of one or more persons for the purpose of distributing electronic money in France within the meaning of Article L. 525-8 ;
2° The undertakings referred to in articles L. 310-1 and L. 310-2 of the Insurance Code;
2° bis Institutions or unions governed by Title III of Book IX of the Social Security Code;
2° ter Mutual insurers and associations carrying out the operations mentioned in 1° of I of article L. 111-1 of the Mutual Code;
2°c Supplementary professional pension funds mentioned in article L. 381-1 of the Insurance Code;
2° quinquies Mutual insurance companies or unions for supplementary professional retirement mentioned in article L. 214-1 of the Mutual Insurance Code;
2° sexies Institutions for supplementary professional retirement mentioned in article L. 942-1 of the Social Security Code;
3° Intermediaries in banking and payment services mentioned in article L. 519-1 when they are acting under a mandate issued by a customer and are entrusted with funds as agent for the parties;
3° bis Insurance intermediaries as defined inArticle L. 511-1 of the Insurance Code , except those acting under the full responsibility of the insurance undertaking or broker;
4° Participative finance intermediaries as referred to in article L. 548-2;
5° The Banque de France, the Institut d'émission des départements d'outre-mer referred to in Article L. 721-7 of this Code and the Institut d'émission d'outre-mer referred to in Articles L. 721-18 and L. 721-19 of this Code;
6° Investment firms, including branches of investment firms mentioned in Article L. 532-18-1 and branches of investment firms mentioned in Article L. 532-48 persons mentioned in Article L. 440-2, market undertakings mentioned in Article L. 421-2, central depositories mentioned in 1° and 2° of I of Article L. 441-1 and managers of settlement and delivery systems for financial instruments, financial investment advisors, providers of participative financing services in respect of their activities mentioned in article L. 547-4 and authorised intermediaries mentioned in article L. 211-4, as well as the collective investment schemes mentioned in I of Article L. 214-1 and the collective investment management companies mentioned in Article L. 543-1 and the branches of European UCITS and AIF management companies mentioned in Articles L. 532-20-1 and L. 532-21-3 ;
6° bis Investment services providers with their registered office in another Member State of the European Union insofar as they carry on their business in France using tied agents as referred to inArticle L. 545-1 of the Monetary and Financial Code;
7° Money changers ;
7° bis Service providers referred to in 1° to 4° of Article L. 54-10-2;
7° ter Issuers of tokens that have obtained the approval referred to in Article L. 552-4 within the framework of the offer that has been approved and within the limits of transactions with subscribers taking part in this offer;
7°c Service providers approved under Article L. 54-10-5, with the exception of the service providers mentioned in 7°a of this Article;
8° Persons carrying out the activities mentioned in 1°, but concerning their rental activity solely in execution of a transaction mandate for immovable property for which the monthly rent is greater than or equal to 10,000 euros, as well as in 2°, 4°, 5° and 8° ofarticle 1 of law no. 70-9 of 2 January 1970 regulating the conditions for carrying out activities relating to certain transactions concerning immovable property and business assets;
9° Gambling or betting operators authorised on the basis of Articles L. 321-1 and L. 321-3 of the Internal Security Code, V ofArticle 34 of Act no. 2017-257 of 28 February 2017 on the status of Paris and metropolitan planning and their legal representatives and directors in charge;
9° bis Gambling or betting operators authorised on the basis ofArticle 21 of Law no. 2010-476 of 12 May 2010 relating to the opening up to competition and the regulation of the online gambling and games of chance sector and their legal representatives, Article 5 of the Law of 2 June 1891, the purpose of which is to regulate the authorisation and operation of horse races,Article 137 of Law no. 2019-486 of 22 May 2019 relating to the growth and transformation of businesses ;
10° Persons who deal in works of art and antiques or act as intermediaries in the trade of works of art and antiques, including when this is carried out by art galleries, where the value of the transaction or a series of connected transactions is EUR 10,000 or more, and persons who store or deal in works of art or act as intermediaries in the works of art trade when this is carried out in free ports or free zones, where the value of the transaction or a series of connected transactions is EUR 10,000 or more;
11° Persons accepting payments in cash or by electronic money in excess of a threshold set by decree and trading in goods;
11° bis Persons, other than those referred to in 1° to 7°, who deal in precious metals or precious stones on a regular and principal basis, where the value of the transaction or a series of related transactions is equal to or greater than 10,000 euros;
12° Chartered accountants and employees authorised to practise as chartered accountants under articles 83 ter and 83 quater of Order no. 45-2138 of 19 September 1945 establishing the Ordre des Experts Comptables and regulating the title and profession of chartered accountant;
12° bis Statutory auditors ;
13° avocats au Conseil d'Etat et à la Cour de cassation, avocats, notaires, commissaires de justice, administrateurs judiciaires and mandataires judiciaires, under the conditions set out in article L. 561-3 ;
14° Operators of voluntary sales of furniture by public auction where the value of the transaction or a series of related transactions is equal to or greater than 10,000 euros;
15° Persons carrying on the domiciliation business referred to in articles L. 123-11-2 et seq. of the French Commercial Code;
16° Persons acting as sports agents as referred to inArticle L. 222-7 of the French Sports Code;
17° Persons authorised under I of article L. 621-18-5 ;
18° Caisses des règlements pécuniaires des avocats created pursuant to 9° ofArticle 53 of Law no. 71-1130 of 31 December 1971 in respect of funds, bills or securities deposited by lawyers on behalf of their clients as part of the activities mentioned in I of Article L. 561-3;
19° Clerks of the Commercial Courts mentioned inArticle L. 741-1 of the Commercial Code.
The taxable persons mentioned in 1° to 19° include natural persons and legal entities.
