Subsection 3: Provisions specific to credit institutions, investment firms, finance companies, electronic money institutions and payment institutions

Articles in this section · 1

Article L784-4

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

I.-The provisions of the articles mentioned in the left-hand column of the following table shall apply in French Polynesia, subject to the adaptations mentioned in II and III, in the wording indicated in the right-hand column of the same table:

Applicable articlesIn the wording resulting from
ArticleL. 613-20-1, with the exception of its Ia, II and IVOrder 2021-796 of 23 June 2021
L. 613-20-3 Order no. 2010 76 of 21 January 2010
L. 613-20-7 Ordinance no. 2015-1024 of 20 August 2015
L. 613-24 Order no. 2014-1332 of 6 November 2014
L. 613-25 Order no. 2019-964 of 18 September 2019
L. 613-26 Order no. 2020-1636 of 21 December 2020
L. 613-27 Ordinance no. 2021-796 of 23 June 2021
L. 613-28 law no. 2013-672 of 26 July 2013
L. 613-29 order no. 2020-1636 of 21 December 2020
L. 613-30 law no. 2005-845 of 26 July 2005
L. 613-30-1 and L. 613-30-2 Law no. 2013-672 of 26 July 2013
L. 613-30-3, with the exception of 4° to 5° of its I bisOrder 2021-796 of 23 June 2021
L. 613-31 Order 2009-15 of 8 January 2009
L. 613-34 with the exception of IIIOrder 2023-836 of 30 August 2023

L. 613-34-1 with the exception of 2°, 3°, 8° and 25° thereof

Order 2021-796 of 23 June 2021
L. 613-34-2 with the exception of its second paragraph, L. 613-34-4 to L. 613-34-8Order no. 2015-1024 of 20 August 2015
L. 613-35 Order 2020-1636 of 21 December 2020
L. 613-36 Ordinance no. 2015-1024 of 20 August 2015
L. 613-37, with the exception of IV to VIILaw 2016-1691 of 9 December 2016
L. 613-38 Order 2020-1636 of 21 December 2020
L. 613-39 with the exception of IIOrdinance no. 2015-1024 of 20 August 2015
L. 613-40 with the exception of IV and the last two paragraphs of VOrder 2020-1636 of 21 December 2020
L. 613-40-2 Order no. 2015-1024 of 20 August 2015
L. 613-41 with the exception of its IVOrder 2020-1636 of 21 December 2020
L. 613-41-1 Ordinance no. 2015-1024 of 20 August 2015
L. 613-41-2, L. 613-42 with the exception of V, L. 613-43 with the exception of VII and VIIIOrder no. 2020-1636 of 21 December 2020
L. 613-44 with the exception of VII, VIII and 1° of IX and L. 613-44-1Order 2021-796 of 23 June 2021
L. 613-45 Ordinance no. 2015-1024 of 20 August 2015
L. 613-45-1 Order 2020-1636 of 21 December 2020
L. 613-46, with the exception of II and L. 613-46-1, with the exception of the second paragraph of II, III and VAct 2016-1691 of 9 December 2016
L. 613-46-3 and L. 613-46-4 Order no. 2015-1024 of 20 August 2015
L. 613-46-5, with the exception of IILaw 2016-1691 of 9 December 2016
L. 613-46-7 Ordinance no. 2015-1024 of 20 August 2015
L. 613-47 to L. 613-48-1, L. 613-48-2 with the exception of the last two paragraphs of I, II, IX and X, L. 613-49 with the exception of 2°, 5° and 6° of III and L. 613-49-1 with the exception of IV and VOrder 2020-1636 of 21 December 2020
L. 613-49-2 Order no. 2015-1024 of 20 August 2015
L. 613-49-3 and L. 613-50 with the exception of IVOrdinance no. 2015-1024 of 20 August 2015
L. 613-50-1 Order 2020-1636 of 21 December 2020
L. 613-50-2 and L. 613-50-3 with the exception of its IIOrdinance no. 2015-1024 of 20 August 2015
L. 613-50-4 and L. 613-50-5 Ordinance no. 2020-1636 of 21 December 2020
L. 613-50-6 to L. 613-52-4Ordinance no. 2015-1024 of 20 August 2015
L. 613-52-6 Act no. 2018-727 of 10 August 2018
L. 613-53 to L. 613-54-2Ordinance no. 2015-1024 of 20 August 2015
L. 613-55 and L. 613-55-1 with the exception of 4° of I and VII thereofOrder 2020-1636 of 21 December 2020
L. 613-55-2 Order no. 2015-1024 of 20 August 2015
L. 613-55-3 to L. 613-55-5Order 2020-1636 of 21 December 2020
L. 613-55-6 Law no. 2016-1691 of 9 December 2016
L. 613-55-7 and L. 613-55-8 Order no. 2015-1024 of 20 August 2015
L. 613-55-9 Law no. 2016-1691 of 9 December 2016
L. 613-55-10 to L. 613-55-12Order no. 2015-1024 of 20 August 2015
L. 613-55-13, L. 613-56 with the exception of 2° of I to L. 613-56-2 Order 2020-1636 of 21 December 2020
L. 613-56-3, with the exception of its ILaw 2016-1691 of 9 December 2016
L. 613-56-4 and L. 613-56-5 Order 2020-1636 of 21 December 2020
L. 613-56-6 Order no. 2015-1024 of 20 August 2015
L. 613-56-7 Order no. 2019-1067 of 21 October 2019
L. 613-56-8 and L. 613-56-9 Order 2020-1636 of 21 December 2020
L. 613-57 Order no. 2015-1024 of 20 August 2015
L. 613-57-1 Law 2016-1691 of 9 December 2016
L. 613-57-2 Order no. 2015-1024 of 20 August 2015
L. 613-58 Order no. 2020-1636 of 21 December 2020
L. 613-58-1 Ordinance no. 2015-1024 of 20 August 2015
L. 613-62 and L. 613-62-1 Ordinance no. 2020-1636 of 21 December 2020
L. 613-62-2 to L. 613-64-2Ordinance no. 2015-1024 of 20 August 2015

L. 613-71 to L. 613-77

Order no. 2023-836 of 30 August 2023

II.For the application of I:
1° References to compulsory liquidation procedures are replaced by references to equivalent procedures applicable locally;
2° References to the European Commission, the Single Resolution Board, the European Insurance and Occupational Pensions Authority and the European Systemic Risk Board are not applicable;
3° References to the resolution authorities and administrative or judicial authorities of the other Member States of the European Union and to the European Union college of resolution authorities are not applicable;
4° References to Regulations (EU) No 593/2008 of 17 June 2008, No 1093/2010 of the European Parliament and of the Council of 24 November 2010 and No 806/2014 of the European Parliament and of the Council of 15 July 2014 are not applicable.
5° The references to Directives 2014/59/EU of 15 May 2014 and 2019/879/EU of 20 May 2019 of the European Parliament and of the Council with regard to the loss-absorption capacity and recapitalisation of credit institutions and investment firms shall not apply.
III. -For the application of the articles mentioned in the table above:
1° In the last paragraph of Article L. 613-29, the words: competent specialised commercial court are replaced by the words: mixed commercial court;
2° In Article L. 613-30-3, the references to Recommendation 2003/361/EC of 6 May 2003 of the European Commission are not applicable;
3° In 4° of Article L. 613-34-1, the reference to 4 of Article L. 511-21 is replaced by the reference to Article L. 722-2 and in 22°, the words: entities established in a third country are replaced by the words: entities established in a State other than France;
4° In the first paragraph of I of Article L. 613-40, the words: after consultation with the relevant competent authorities, including the competent authorities of the Member States, including those responsible for branches of significant importance, are deleted;
5° In Article L. 613-38:
a) the references to Articles L. 613-59, L. 613-59-1 and L. 632-13-1 are deleted;
b) In 6° of VI, the words: not provided for by Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 are replaced by the words: not provided for by this section;
6° In Article L. 613-40-2, the reference to Article L. 613-40-1 is deleted;
7° In the first paragraph of I of Article L. 613-41, the words: or on that of the Member States in which subsidiaries or branches of the group are established are deleted;
8° In III of Article L. 613-42, the words: on the other hand, on the European financial services market, on financial stability in the other Member States and in the Union as a whole are deleted;
9° The second paragraph of IX of Article L. 613-43 is replaced by the following provisions:
The resolution college shall notify the parent undertaking of the decisions taken pursuant to VI.;
10° In Article L. 613-44:
a) In 3° of II, the reference toArticle 13 of Law no. 85-695 of 11 July 1985 is replaced by a reference to locally applicable provisions having the same purpose;
b) 2° of III is worded as follows:
2° Parent undertakings that are not themselves resolution entities but subsidiaries of foreign entities;
11° In I and V of Article L. 613-46-1, the words: in the Union are deleted;
12° In Article L. 613-46-7, the references to Articles L. 613-37-1 and L. 613-46-6 are deleted;
13° In Article L. 613-50-7, the reference to Article L. 142-9 is deleted;
14° In the second paragraph of Article L. 613-55-6, the words: or a contract mentioned in sections 4 to 10 of section C of Annex I to Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 are deleted;
15° In Article L. 613-56-9, in I, the words: the law of a Member State are replaced by the words: French law and in II, the words: in the European Union are deleted;
16° The following paragraph is added to II of Article L. 613-58: 15° l'Institut d'émission d'outre-mer;
17° In II and VIII of Article L. 613-62, the references to Article L. 621-59-1 are deleted;
18° In b) of 2° of I of Article L. 613-62-1, the words: and that this credit institution or investment firm will not be subject within a reasonable period of time in the country where it is established to any of the measures mentioned in Article L. 613-31-2 are deleted.

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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