Section 1: Banking, payment services and electronic money

Articles in this section · 2

Article L752-2

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

I.- Subject to the provisions of II, the provisions of the articles mentioned in the left-hand column of the following table shall apply in New Caledonia, in the wording indicated in the right-hand column of the same table:


Applicable articles

In their wording resulting from

L. 312-1


Law no. 2021-1774 of 24 December 2021

L. 312-1-1 A and L. 312-1-1 B

Law no. 2013-672 of 26 July 2013

L. 312-1-1


Act no. 2019-486 of 22 May 2019

L. 312-1-2


order no. 2009-866 of 15 July 2009

L. 312-1-3


order no. 2016-1808 of 22 December 2016

L. 312-1-4


law no. 2015-177 of 16 February 2015

L. 312-1-5


law no. 2013-672 of 26 July 2013

L. 312-1-6 and L. 312-1-7


Order no. 2017-1433 of 4 October 2017

L. 312-2


Act no. 2019-486 of 22 May 2019

L. 312-4, with the exception of III and IV


Order no. 2020-1496 of 2 December 2020

L. 312-4-1, with the exception of 6°, 8° and 9° of its II


Act 2018-700 of 3 August 2018

L. 312-5, L. 312-6 and L. 312-7 to L. 312-8-1


Order no. 2015-1024 of 20 August 2015

L. 312-9


Law no. 2016-1918 of 29 December 2016

L. 312-10 and L. 312-11


Order no. 2015-1024 of 20 August 2015

L. 312-12


law no. 2006-387 of 31 March 2006

L. 312-13 and L. 312-14


law no. 2013-672 of 26 July 2013

L. 312-15


Order no. 2015-1024 of 20 August 2015

L. 312-16, with the exception of 8° and 14° thereof


Law no. 2018-32 of 22 January 2018

L. 312-19


Law no. 2019-486 of 22 May 2019

L. 312-20


law no. 2021-875 of 1 July 2021

L. 312-21


order no. 2015-1024 of 20 August 2015

L. 312-22


Order no. 2016-827 of 23 June 2016

L. 312-23


Law no. 2019-486 of 22 May 2019

II.For the application of the articles mentioned in the table above:
1° In article L. 312-1:
a) 2° of I is replaced by the following provisions:
" 2° Toute personne physique de nationalité française résidant hors de France. ";
b) In the third paragraph of III, the words: "the department, the family allowance fund" are replaced by the words: "New Caledonia or the New Caledonian social welfare fund" and references to the communal or inter-communal social action centre are replaced by references to the communal or inter-communal service carrying out equivalent tasks locally;
2° In the first sentence of the penultimate paragraph of V of article L. 2° In the first sentence of the penultimate paragraph of V of Article L. 312-1-1, the words: "in Title III of Book VII of the Consumer Code " are replaced by the words: "by the locally applicable provisions relating to excessive debt";
3° In Article L. 312-1-4, the words: "within the meaning of 1° of Article 784 of the Civil Code " are deleted;
4° The provisions of Article L. 312-1-7 apply to accounts opened in account-keeping institutions located in the territory of French Polynesia. To this end, in the first paragraph of V, after the words: "another Member State of the European Union", the following words are added: ", New Caledonia, Saint-Barthélemy, Wallis and Futuna, Saint-Martin, Saint-Pierre and Miquelon, French Guiana, Martinique, Guadeloupe, Reunion Island, Mayotte or mainland France";
5° Articles L. 312-1, L. 312-1-1, L. 312-1-3, L. 312-1-7, L. 312-19 and L. 312-20 are applicable to the Office des postes et télécommunications;
6° In article L. 312-4, the words: "and mixed financial holding companies" are deleted;
7° In article L. 312-5:
a) The last two sentences of the first paragraph are replaced by the following provisions:
"The intervention of the guarantee fund results in the deregistration of this establishment.";
b) The penultimate paragraph of III is not applicable;
8° The II of article L. 312-8-1 is replaced by an II worded as follows:
"II.The amount of contributions paid to the resolution mechanism shall be calculated in accordance with the provisions laid down by the Minister responsible for the economy";
9° In Article L. 312-15, the references to the authorities of another State party to the Agreement on the European Economic Area, responsible for administering an equivalent deposit guarantee mechanism, shall not apply;
10° In Article L. 312-16, 12°, the references to III of Article L. 312-4 and to Article L. 312-8-2, are deleted;
11° In the second paragraph of b of 1° of I of article L. 312-19, the words: "mentioned in Title II of Book II, in respect of the employee savings products mentioned in Chapters III and IV of Title III of Book III of Part III of the Labour Code as well as in respect of the profit-sharing products allocated to a blocked current account pursuant to 2° of article L. 3323-2 of the same code" are deleted;
12° In Article L. 312-22, 2° is worded as follows:
"2° A financial instrument.

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
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.

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