Download Monetary and Financial Code

Monetary and Financial Code – Legislative Section
of investment recommendations and disclosure of conflicts of
interest” are deleted.
Article L. 736-4. - In Article L. 632-7:
1 In paragraphs I and II, the words: “which is not a
Member State of the European Community and not party to the
European Economic Area Agreement,” are replaced by the
words: “other than France”;
2 In paragraph III, the words: “of another Member State of
the European Community or another State party to the
European Economic Area Agreement or a third-party country”
are replaced by the words: “other than France”.
Art. L. 736-5. - In Article L. 632-13, the words: “which is
not a Member State of the European Community and not party
to the European Economic Area Agreement,” are replaced by
the words: other than France”.
Article L. 736-6. - In Article L. 632-15:
The words: “which is not party to the European Economic
Area Agreement” are replaced by the words: “other than
France”.
Article L. 736-7. - In Article L. 632-16:
1 In the first and second paragraphs, the words: “which is
not a Member State of the European Community and not party
to the European Economic Area Agreement” are replaced by
the words: “other than France”;
2 In the third paragraph, the words: “of Article L. 632-5
and of paragraph III of Article L. 632-7” are replaced by the
words: “of paragraph III of Article L. 632-7”;
3 Said article is supplemented by a paragraph worded as
follows:
The Autorité des Marchés Financiers and the Autorité de
Contrôle Prudentiel may refuse to accede to requests from the
authorities of foreign States relating to the activities referred to
in the first paragraph only where the nature thereof is likely to
undermine French sovereignty, security or public order, or
where criminal proceedings have already been instituted in
France on the basis of the same facts and against the same
entities, or where said entities have already been sanctioned for
the same facts by a final decision.
Article L. 736-7. - In Article L. 633-11, the words: “which
is not party to the European Economic Area Agreement” are
replaced by the words: “other than France”.
Part IV PROVISIONS
APPLICABLE IN NEW
CALEDONIA
Chapter I The Currency
Section 1 Rules for the use of the currency
Article L. 741-1. - Articles L. 112-6, L. 112-7, L. 112-11
and L. 112-12 are applicable in New Caledonia.
Section 2 Bank money instruments
Article L. 741-2. − I. – Articles L. 131-1 to L. 131-87, with
the exception of the second sentence of the third paragraph of
Article L. 131-71, as well as Chapter III of Part III, with the
exception of the second subparagraph of paragraph II of Article
L. 133-1, of Article L. 133-12 and of the second subparagraph
of paragraph I of Article L. 133-13, the conditions referred to in
paragraph II are applicable in New Caledonia.
For the purposes of the provisions of Article L. 131-1-1, the
words: “in euros” are replaced by the words: “in CFP francs.”
Articles L. 163-1 to L. 571-12 also apply there.
II. – a) For the purposes of the provisions of Article L.
131-1-1, the words: “in euros” are replaced by the words: “in
CFP francs”.
b) If one of the payment service providers is located in
New Caledonia and the other in Metropolitan France or in the
overseas départements, Saint Barthélemy, Saint Martin,
Mayotte or Saint Pierre and Miquelon, for the purposes of
paragraph I of Article L. 133-13, the words: “by the close of
the first business day” are replaced by the words: “by the close
of the fourth business day”;
c) In the first subparagraph of paragraph II of Article L.
133-1, the words: “or in Saint Pierre and Miquelon and the
transaction is carried out in euros” are replaced by the words:
“in Saint Pierre and Miquelon, New-Caledonia, French
Polynesia or the Wallis and Futuna Islands and the transaction
is carried out in euros or in CFP francs”;
d) In paragraph I of Article L. 133-1-1, the words: “or in
Mayotte” are replaced by the words: “in Mayotte, New
Caledonia, French Polynesia or the Wallis and Futuna Islands”;
e) In the fourth paragraph of Article L. 133-14, the words:
“in the overseas départements, Saint Martin, Saint Barthélemy,
Mayotte or Saint Pierre and Miquelon” are replaced by the
words: “in the overseas départements, Saint Martin, Saint
Barthélemy, Mayotte, Saint Pierre and Miquelon, New
Caledonia, French Polynesia or the Wallis and Futuna Islands”;
f) In paragraph II of Article L. 133-22, the words: “in
paragraph II of Article L. 133-13” are replaced by the words:
“in paragraph I of Article L. 133-13”.
A decree issued following consultation with the Conseil
d'Etat determines the implementing provisions of this article.
Section III Financial dealings with foreign
countries
Subsection 1 General provisions
Article L. 741-3. - Articles L. 151-1 to L. 151-4 and Article
L. 165-1 are applicable in New Caledonia.
Article L. 165-1 is adapted as follows:
“Article L. 165-1. – The articles of the Customs Code in
force in New Caledonia that correspond to II and XII of the
Customs Code are applicable to breaches of the obligations set
forth in Article L. 151-2.”
Decrees issued on the basis of the report from the Minister
for Overseas France and from the Minister for the Economy
determine the implementing provisions of Article L. 151-2.