LexInter | May 22, 2002 | 0 Comments


Chapter VI

Provisions amending the Monetary and Financial Code

Article 34

The second paragraph of Article L. 132-2 of the Monetary and Financial Code reads as follows:
“Payment can only be stopped in the event of loss, theft or fraudulent use of the card or data. related to its use, recovery or judicial liquidation of the beneficiary. “

Article 35

After Article L. 132-2 of the Monetary and Financial Code, an article L. 132-3 is inserted as follows:
“Art. L. 132-3. – The holder of a card mentioned in article L. 132-1 bears the loss suffered, in the event of loss or theft, before the opposition provided for in article L. 132-2, within the limit of ” a ceiling which cannot exceed 400. However, if he has acted with negligence constituting gross negligence or if, after the loss or theft of the said card, he has not filed the opposition as soon as possible, taking into account his habits of use of the card, the ceiling provided for in the previous sentence is not applicable. The contract between the card holder and the issuer may, however, provide for the opposition period beyond which the card holder is deprived of the benefit of the ceiling provided for in this paragraph.
“The ceiling referred to in the previous paragraph is increased to 275 on January 1, 2002 and to 150 as of January 1, 2003.”

Article 36

After Article L. 132-2 of the Monetary and Financial Code, an article L. 132-4 is inserted as follows:
“Art. L. 132-4. – The responsibility of the holder of a card mentioned in article L. 132-1 is not engaged if the disputed payment has been made fraudulently, remotely, without physical use of his card.
“Likewise, his liability is not incurred in the event of counterfeiting of his card within the meaning of article L. 163-4 and if, at the time of the contested transaction, he was in physical possession of his card.
“In the cases provided for in the two preceding paragraphs, if the card holder denies in writing having made a payment or a withdrawal, the disputed sums are credited back to his account by the card issuer or returned, free of charge, to the later within one month of receipt of the dispute. “

Article 37

After Article L. 132-2 of the Monetary and Financial Code, an article L. 132-5 is inserted as follows:
“Art. L. 132-5. – In the event of fraudulent use of a card mentioned in Article L. 132-1, the card issuer reimburses its holder for all of the bank charges it has incurred. “

Article 38

After Article L. 132-2 of the Monetary and Financial Code, an article L. 132-6 is inserted as follows:
“Art. L. 132-6. – The legal period during which the holder of a payment or withdrawal card has the opportunity to file a complaint is set at seventy days from the date of the contested transaction. It can be contractually extended, without being able to exceed 120 days from the disputed transaction. “

Article 39

Article L. 141-4 of the Monetary and Financial Code is supplemented by four paragraphs worded as follows:
“The Banque de France ensures the security of means of payment as defined in article L. 311-3, other currency, and the relevance of the applicable standards. If it considers that one of these means of payment presents insufficient security guarantees, it can recommend that its issuer take all measures intended to remedy the situation. If these recommendations have not been acted upon, it may, after having gathered the observations of the issuer, decide to formulate a negative opinion published in the Official Journal.
“For the exercise of these missions, the Banque de France carries out appraisals and obtains, by the issuer or by any interested person, the useful information concerning the means of payment and the terminals or the technical devices associated with them. .
“A Payment Card Security Observatory has been set up, bringing together parliamentarians, representatives of the administrations concerned, payment card issuers and associations of merchants and consumers. The Payment Card Security Observatory ensures, in particular, the monitoring of security measures undertaken by issuers and merchants, the establishment of fraud statistics and a technological watch on payment cards, with object to propose means of combating technological breaches of payment card security. The secretariat of the observatory is provided by the Banque de France. The president is appointed from among its members. A Council of State decree specifies its composition and its powers.
“Each year, the observatory draws up an activity report submitted to the Minister responsible for the economy, finance and industry and sent to Parliament. “

Article 40

After Article L. 163-4 of the Monetary and Financial Code, two articles L. 163-4-1 and L. 163-4-2 are inserted as follows:
“Art. L. 163-4-1. – Is punished by seven years’ imprisonment and a 750,000 Euro fine for any person to manufacture, acquire, hold, transfer, offer or make available equipment, instruments, computer programs or any data designed or specially adapted to commit the offenses provided for in 1o of article L. 163-3 and 1o of article L. 163-4.
“Art. L. 163-4-2. – The attempt of the offenses provided for in 1o of article L. 163-3, 1o of article L. 163-4 and in article L. 163-4-1 is punishable by the same penalties. ”

Article 41

Each year, the Government submits a report to Parliament describing the measures taken at international and European level to combat crimes and offenses occurring with the aid or on digital networks. This report describes, in particular, the efforts undertaken to lead to the elaboration of a convention punishing or preventing such acts.

Article 42

Article L. 163-5 of the Monetary and Financial Code reads as follows:
“Art. L. 163-5. – The confiscation, for the purposes of destruction, of counterfeit or falsified payment or withdrawal checks and cards is compulsory in the cases provided for in Articles L. 163-3 to L. 163-4-1. The confiscation of materials, machines, apparatus, instruments, computer programs or any data which have been used or were intended to be used in the manufacture of said objects, except when they have been used without the owner’s knowledge, is also compulsory. “

Article 43

The first paragraph of Article L. 163-6 of the Monetary and Financial Code reads as follows:
“In all cases provided for in Articles L. 163-2 to L. 163-4-1 and L. 163-7, the court can pronounce the prohibition of civic, civil and family rights provided for by article 131-26 of the penal code as well as the prohibition, for a period of five years at most, to exercise a professional or social activity, in application of the provisions of articles 131-27 and 131-28 of the penal code. “

Article 44

After Article L. 163-10 of the Monetary and Financial Code, an article L. 163-10-1 is inserted as follows:
“Art. L. 163-10-1. – Legal persons can be declared criminally liable under the conditions provided for by article 121-2 of the penal code for the offenses defined in articles L. 163-2 to L. 163-4-1, L. 163-7 and L. 163-10.
“The penalties incurred by legal persons are:
“ 1o The fine, according to the terms provided for by article 131-38 of the penal code;
“2o The penalties mentioned in article 131-39 of the penal code.
“The prohibition mentioned in 2o of article 131-39 of the penal code relates to the activity in the exercise or on the occasion of the exercise of which the offense was committed. “

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