This dated narrative contains pending corrections. Read the notes, then expand the original text.
SettleADebt — C_FR PASS-01: France
Independent provider-perimeter and authorization investigation
Research component — not accepted Read-only primary-source review
Research baseline: October 22, 2026, America/Los_Angeles.
Actual access date: October 26, 2026 — UTC, Pacific Daylight Time, and metropolitan France (CEST having ended; CET applies).
Mode: Regular Chat with ordinary public-source browsing. The selected model/reasoning tier is not exposed to this research workflow; I cannot verify or claim a model change.
Scope: Provider classification and authorization only. No broad France country dossier, private-provider assessment, A097/A098 acceptance, or individualized legal advice.
Principal determination
France cannot be classified under one universal “debt settlement company license.” The legally consequential questions are what the provider actually does, for whom, in what professional capacity, whether it participates in new credit, whose claims it handles, whether it processes payments, and where the activity occurs.
The controlling branches examined in this pass are:
| Activity actually performed |
Initial classification test |
Immediate consequence |
| Debtor-paid budget education or voluntary negotiation of existing debt |
Whether the service also constitutes consumer-credit intermediation, regulated legal consultation, payment services, or another defined activity |
No blanket authorization or permission to charge established. Examine the exact service and remuneration model. C_FR-P01-C001–C005, C014 |
| A credit intermediary paid to prepare a debtor’s repayment plan, seek extensions or reductions, or intervene in surendettement |
Code de la consommation L321-1 + L322-1, read together with L311-1, 5° |
The specified remunerated services are prohibited for an intermediary within that title’s scope. ORIAS registration does not cure this prohibition. C002–C003 |
| Habitual paid brokering/preparing banking or payment transactions |
Code monétaire et financier L519-1, R519-1–R519-4 |
The applicable IOBSP category, mandates, exclusions, ORIAS registration, competence, liability cover, and conditional financial guarantee must be tested. C004–C011 |
| Habitual paid individualized legal advice or drafting private legal instruments |
Law of December 31, 1971, Articles 54–66 |
Professional qualification and a permitted legal-practice capacity matter. A charity, accounting title, or law degree is not itself a universal authorization. Current consolidated Article 54 text remains a verification hold. C014–C016 |
| Collecting an existing creditor’s debt for that creditor |
Code des procédures civiles d’exécution R124-1–R124-7 |
A different creditor-side declaration, insurance, account, and mandate regime; generally not debtor-side negotiation. C022–C024 |
| Servicing certain transferred non-performing bank-originated credit for a purchaser |
Code monétaire et financier L54-11-1–L54-11-19 |
A specifically scoped ACPR authorization or eligible EU servicing route, with express exceptions. C025–C029 |
| Receiving and transmitting funds as a payment service |
L314-1, L521-1–L521-2; ACPR payment-service guidance |
Payment-services classification must be resolved separately. Merely being a negotiator or registered IOBSP is insufficient. C019–C021 |
| Assistance with statutory surendettement or court-supervised business proceedings |
Code de la consommation L711/L721; Code de commerce L611/L812 |
Banque de France/commission and judicially designated actors have distinct capacities; a private mandate does not confer them. C030–C035 |
These are cumulative tests where the facts support more than one regime. An apparent exclusion from one regime is not immunity from the others. Légifrance+4
A. Debtor-paid services: operative legal perimeter
A1. The particular Code de la consommation prohibition
The combined statutory reading matters:
- L311-1, 2° and 5° defines the relevant borrower/consumer as a natural person involved in qualifying credit for a purpose outside commercial or professional activity, and a credit intermediary as someone habitually assisting with an in-scope credit operation commercially or professionally for remuneration or economic benefit without being the lender. C001
- L321-1 applies Title II to that defined class of intermediaries, with express exceptions for regulated legal/judicial professionals and particular actors performing specified court/business-prevention missions. C002
- L322-1 prohibits such an intermediary, for remuneration, from undertaking or offering to:examine the debtor’s situation to establish a repayment plan;seek a payment extension or debt remission for the debtor;intervene on the debtor’s behalf for the surendettement procedure. C003
The statute’s language reaches offering to take on the service, not only completing it. A nominally free introductory call does not establish that a later remunerated package escapes the provision. Conversely, L322-1 must not be relabeled a prohibition on every form of debt advice by every actor: L321-1 supplies a material statutory perimeter and exceptions. Whether a company solely renegotiating old obligations also conducts qualifying credit intermediation is fact-dependent. Légifrance+1
Adverse branch: A firm acting as a compensated consumer-credit intermediary cannot use its ORIAS entry or lender mandate as permission to sell one of the prohibited L322-1 services. The specific enforcement route and any effect on a separate customer contract require a later sanctions/remedies pass; there is no finding that the creditor debt, security, or judgment is automatically extinguished.
A2. Banking and credit intermediation
Under L519-1, IOBSP activity includes habitual paid or economically rewarded presentation, proposal, assistance, preparatory work, or advice in connection with a banking operation or payment service. R519-1 includes soliciting or obtaining agreement and explaining proposed transaction terms to help bring the transaction about. This can be relevant where a “debt help” business actually arranges refinancing, a consolidation loan, a new credit facility, or a qualifying payment transaction. C004–C005
The principal R519-4 roles are:
- Courtier: operates under a customer mandate and the statutory independence/registration conditions.
- Mandataire exclusif: operates under an exclusive mandate from the specified financial provider for the relevant category of activity.
- Mandataire non exclusif: operates under one or more nonexclusive financial-provider mandates.
- Mandataire d’intermédiaire: acts under an intermediary’s mandate.
The category depends on real mandates, not the website’s title. R519-2 separately excludes carefully defined limited introducers and certain incidental intermediation below thresholds fixed by an arrêté. The statutory references to 30 transactions and €300,000 are ceilings on the minister’s threshold-setting power, not a finding that every activity below either figure is exempt. Certain mortgage, consolidation, lifetime-mortgage and solicitation branches cannot claim the specified incidental exception. C006–C007 Légifrance+3
A3. Legal advice is a separate question
A personalized interpretation of prescription, a guarantee, enforceability, litigation defenses or a settlement instrument may constitute consultation juridique or drafting an acte sous seing privé. Article 54 of the Law of December 31, 1971 governs habitual remunerated provision; its permitted professional and ancillary capacities require examination alongside Articles 56–66. C014
The directly accessible full-text 2021 Paris Administrative Court of Appeal decision quotes the pertinent Articles 54 and 63, but several attempts to open the current consolidated statutory Article 54/60/63 bodies returned 403 errors. Accordingly, the precise 2026 consolidated legal-practice qualification matrix is partial, not independently certified. This is a publication hold for any claim that an unregulated paid firm may supply legal consultations. Légifrance
No affirmative legality finding has been made for a debtor-paid firm merely because it limits itself to preexisting debts. Nor does the existence of the above restrictions establish that every form of general budgeting information needs a banking, AMF, or legal-profession authorization.
B. Actor, beneficiary and remuneration matrix
| Actor or claimed capacity |
Relevant rule and result |
Missing facts/adverse branch |
| Commercial firm retained by debtor |
Test L311/L321/L322, L519/R519, Article 54, payments and any cross-selling separately. C001–C005, C014, C019 |
Exact promises, personalized legal analysis, commission, lender/refinance involvement and money path. No generic license or generic permission inferred. |
| Nonprofit, charity, association or free adviser |
Being nonprofit/free is not a blanket exemption. An Article 63 qualifying association’s legal consultation capacity is bounded by category, members, subject and professional qualification/approval structure. C014–C016 |
Legal status, actual recognition/approval, who supplies advice, recipient membership and mission. Paid spin-off or advice beyond capacity changes the test. |
| Lawyer (avocat) or other regulated legal/judicial professional |
L321-1 expressly excludes qualifying members from that particular consumer intermediary title; legal professional statutes and scope still apply. C002, C014 |
Verify actual admission, professional capacity, mandate and permissible work. The L321 exception is not a payment/banking exemption. |
| Notary (notaire) |
In addition to L321-1’s relevant exception, CMF L519-3 expressly excludes notaries from that IOBSP chapter and preserves their own professional rules. C017 |
Actual notarial capacity, not simply participation by someone using the title. |
| Accountant (expert-comptable) or another professional |
No universal debt-negotiation privilege established; paid legal consultations remain subject to permitted main/ancillary professional scope. C014 |
Exact professional statute, inscription, incidental relation, legal-services authority. Current body retrieval remains open. |
| Creditor renegotiating its own receivable |
Does not acquire the R124-1 collection-for-another characterization merely by asking its own debtor to pay. C022, C042 |
Ownership chain and whether acting for a third party; other credit/servicing duties may still arise. |
| Debt collector acting for creditor |
R124-1 includes habitual or occasional amicable collection for another, with professional-capacity exclusions. C022–C024 |
Creditor mandate, collection account, liability insurance, required prior declaration. This is creditor-side, not a debtor adviser authorization. |
| Debt purchaser/credit servicer |
L54-11 applies only on the specified non-performing credit, issuer, transfer and service facts; some professional and historical exclusions apply. C025–C029 |
Originating lender, NPL classification at transfer, transfer date, buyer location, servicing agreement and licensed status. |
| Referrer or software provider |
A strict R519-2 indicateur may be outside IOBSP; mere labeling as software/referral is insufficient if the operator recommends, collects consent or negotiates. C005–C006 |
Screens, scripts, human intervention, payment, mandate and financial documentation. |
| Payment-only distributor or payment agent |
Test actual payment service and PSP mandate/agent pathway separately. C019–C021 |
Who owns each account, controls transfers and receives funds; PSP and agent authorization are not generic debt relief powers. |
| Public commission, Banque de France, CCAS/PCB adviser |
Distinct public/statutory roles; Banque de France identifies the official surendettement service as free. C030–C032 |
Public role does not extend statutory decision-making powers to a private contractor. |
| Court-appointed mandataire ad hoc, conciliator or mandataire judiciaire |
Requires the competent court’s appointment/mission or applicable professional office; cannot be self-designated through a private debt negotiation contract. C033–C035 |
Appointment, relevant tribunal, mandate boundaries, independence and professional enrollment/exception. |
The France-specific takeaway for a consumer is straightforward: ask which side the provider represents and exactly what its permission or professional capacity covers. A collector’s authorization, mortgage broker’s ORIAS status, and court-appointed insolvency professional’s authority answer different questions. Légifrance+4
C. Authorization gateways and costs
C1. IOBSP and ORIAS
For an activity that genuinely meets L519-1 and is not excluded:
- L519-3-1 and L546-1: registration in ORIAS’s single intermediary register, generally renewed annually, subject to verified access conditions.
- R519-4: applicable mandate-based intermediary category.
- L519-3-3 and L519-3-4: pertinent professional fitness/competence and civil liability insurance or statutory coverage by the mandating entity.
- L519-4: a separate financial guarantee when an intermediary, even occasionally, is entrusted with funds as a parties’ mandatary. It is not a compulsory savings account for all debt clients.
- R519-4 and the ORIAS guidance: registrations are attached to the correct natural/legal person and category. Some categories cannot be combined for the same bank-operation type.
- L546-2–L546-4: registry maintenance, potential striking off, and specific criminal consequences for breaches and misrepresenting category/status. C007–C012, C037
The ORIAS operational FAQ lists supporting material for broker registration: business-registry evidence of the relevant activity, competence, liability cover, guarantee if applicable and the registration payment. That list is operational guidance; it does not make ORIAS the statutory adjudicator of every consumer contract. Légifrance+3
C2. Other gateways
- Payment institutions/agents: A firm operating transfers from debtor to creditor may fall within L314-1’s defined payment services; ACPR identifies authorized payment institutions and relevant agent models. Statutory commercial-agent exclusions concern narrowly defined purchases/sales of goods or services and cannot simply be assumed for debt repayment. C019–C021 Légifrance+1
- Credit servicers: An in-scope French-established gestionnaire de crédits must obtain ACPR agrément before operations under L54-11-4. This requires a for-profit legal person and assessment of managers’/significant holders’ integrity and competence, governance, internal controls, borrower treatment, complaints and anti-money-laundering processes. These requirements belong to that specific regime, not to every settlement firm. C025–C029 Légifrance+1
- Financial investment adviser (CIF): L541-1 concerns defined investment/investment-service/miscellaneous-assets advice. Debt negotiations alone do not prove that trigger; where investment advice is actually given, the separate status and AMF rules require assessment. CIF status does not displace the legal-consultation limits that L541-1 IV expressly cross-references. C018 Légifrance
- Creditor-side collection: Under R124-2, qualifying third-party collectors must be insured, maintain the specified creditor-funds account and make a written declaration to the competent procureur de la République before commencing. This declaration is not interchangeable with ORIAS registration or ACPR agrément. C022–C024 Légifrance
C3. Foreign, telephone and online models
The relevant cross-border facilities are specific, not universal:
- The IOBSP cross-border provisions beginning at L519-7 apply to mortgage-credit intermediation of the defined kind. This is not a general EU passport for debtor-paid settlement negotiations. C013
- Certain authorized EU credit servicers may provide their covered servicing activities in France under L54-11-17–L54-11-19 and their prescribed notification/receipt conditions, subject to pertinent French restrictions. It is not a general debtor-advice passport. C028
- ACPR explains that qualifying banking/payment firms can hold EEA authorization and operate in France under a lawful cross-border route. Which route applies to a telephone or website offer depends on the exact product, provider, establishment and activity. C021, C038
Unresolved: This pass does not determine the complete choice-of-law and territorial nexus test for a foreign firm offering only private negotiation by telephone to a French resident. A foreign certificate and the location of a website server are not sufficient facts. Overseas extensions also require regime-specific legislation; they are not presumed to follow metropolitan France automatically. Légifrance+3
C4. Two bounded quantitative financial-safeguard calculations
These figures apply only if the provider is an IOBSP to which the L519-4 guarantee obligation applies, not merely because it markets debt help. Article 2 of the June 26, 2012 arrêté sets the minimum cautionnement at the greater of €115,000 and twice average monthly funds received during the previous 12 months. The published original article was read; subsequent amendment verification remains a source-version checkpoint. C010–C011 Légifrance
Illustration 1 — statutory floor controls
Hypothetical funds received in the prescribed 12-month base: €300,000.
- Average monthly funds = €300,000 / 12 months = €25,000/month.
- Two-month multiple = 2 × €25,000 = €50,000.
- Minimum cautionnement = max(€115,000, €50,000) = €115,000.
Illustration 2 — volume-based multiple controls
Hypothetical funds received in the prescribed 12-month base: €1,200,000.
- Average monthly funds = €1,200,000 / 12 months = €100,000/month.
- Two-month multiple = 2 × €100,000 = €200,000.
- Minimum cautionnement = max(€115,000, €200,000) = €200,000.
Amounts use exact euros; no rounding is needed with these illustrative inputs. A cautionnement is a guarantee commitment—not necessarily an equal cash deposit, consumer price, debt repayment, insurance premium or predicted settlement saving. Neither example determines a startup guarantee calculation with no preceding 12-month record; that separate R519-17 branch remains open.
Separate registration-cost illustration: ORIAS’s public operational FAQ states €25 per relevant registration category; one qualifying category would mean €25, while two legally compatible, separately registered categories would mean €25 + €25 = €50 in registry charges. This is not permission to stack incompatible categories or a consumer service fee. Statutory L546-1 contains a €250 fee ceiling, not the amount currently charged. C012 FAQ+1
C5. The imminent November 2026 legal change
An ordinance published September 2025 contains a new definition of “services de conseil aux personnes endettées”: independent professional personalized technical, legal or psychological help for borrowers having or potentially having difficulty meeting financial commitments. It also makes linked consumer-credit amendments.
It is not yet effective on October 26, 2026. Article 99 specifies November 20, 2026, with grandfathering of existing credit contracts and enumerated exceptions for particular open-ended contracts. This future definition should not be represented today as an already operative universal license or exemption. Another December 2025 amendment and territorial adaptations warrant a fresh provision-by-provision review when the new regime becomes effective. C036 Légifrance+1
D. Read-only public verification workflow
This is a verification procedure a reader could follow for a hypothetical provider; no named provider, person, license, consumer or court case was searched.
| First establish |
Appropriate public authority/record |
What it can—and cannot—show |
| Exact legal entity, trading name, and whether the actor is an employee, principal or intermediary |
Public identity information supplied by the hypothetical provider |
A company registration is identity evidence, not regulatory permission. |
| Whether banking/credit intermediation is actually offered; which mandate/category |
ORIAS public intermediary register and registration categories |
Registered category, identity and applicable disclosed activity; not a guarantee that the particular debt-relief service, fee, or outcome is lawful. C008, C038 |
| Whether bank, payment institution, lender or insurer authorization is claimed |
ACPR public verification instructions, including REGAFI/REFASSU or relevant home-state register |
Institution and regulated service status; not a substitute for analyzing the disputed service. C038 |
| Whether a special purchased-credit servicing license is claimed |
ACPR’s specified credit-servicer regime and its official lists |
Relevant servicing authorization and cross-border capacity only. C027–C028 |
| Whether legal-profession authority is claimed |
Competent professional body/official enrollment and actual professional role |
Qualification and restricted capacity, subject to current legal text and service facts. Current complete professional-register specification is outstanding. C014–C017 |
| Whether third-party creditor collection is claimed |
The R124 declaration/insurance/mandate framework |
The legal predicates, not an ORIAS approval. This pass did not seek a private declaration or verify a named collector. C022–C024 |
| Whether a person claims statutory insolvency or commission powers |
Actual court appointment or public commission authority |
The decision and particular mandate—not the provider’s marketing description. C030–C035 |
Minimum document-request specification for a hypothetical classification: service description and sales script; legal-entity form; debtor’s consumer/professional purpose; type and origin of each debt; creditor versus debtor mandate; pricing and any third-party economic advantage; whether a new loan is introduced; who receives and controls funds; real professional qualification; applicable register category; geography and foreign authorization; and whether the claimed court appointment actually exists.
This research does not seek those documents from anyone. Registry inclusion cannot prove creditor cooperation, reimbursement, waiver, legal advice eligibility, cancellation of the debt, or the legality of a private agreement.
E. Statutory debt-mechanism boundary
Private voluntary negotiation is an attempt to reach agreement under the underlying creditor/debtor relationship. It does not, by itself, create a commission’s statutory decision, a court appointment, a collective business procedure or an enforceable discharge. C030–C035
The narrowly read official distinctions are:
- Consumer surendettement des particuliers: Code de la consommation L711-1 refers to natural persons acting in good faith who cannot meet due or forthcoming professional and nonprofessional debt obligations. It expressly recognizes certain guarantees/joint obligations for an individual entrepreneur or company. L711-3 establishes an interaction/exclusion for debtors governed by Book VI of the Code de commerce. These definitions should not be collapsed into the consumer-credit intermediation definition at L311-1. C030–C031 Légifrance
- Competent public route: The statutory commission de surendettement des particuliers and Banque de France have designated roles. Banque de France identifies the public surendettement service as free; social/public advice pathways are distinct from paid private suppliers. C032 Légifrance+1
- Business prevention: The mandat ad hoc and conciliation provisions in Code de commerce L611 require the competent tribunal president’s intervention and relevant statutory mission. L611-13 includes independence restrictions for court roles; L611-14 governs the tribunal-fixed remuneration and excludes remuneration indexed to debt concessions for those appointments. Neither provision sets a general price formula for private debt settlement. C033–C034 Légifrance
- Judicial officeholders: Mandataires judiciaires under Code de commerce L812 act in the statutory professional/judicial framework, normally via the official list with defined exceptions. A private negotiator is not one merely because it uses the word mandataire. C035 Légifrance
The mechanisms’ complete eligibility, asset treatment, creditor effects, costs, forms, remedies, discharge and taxation are deliberately deferred.
F. Worked classification and authorization scenarios
All seven scenarios are hypothetical. They describe legal decision paths, not actual companies, borrowers, balances, settlements, contracts, or legal outcomes.
Scenario W01 — Debtor-paid negotiation of existing consumer debt
Known hypothetical facts: A commercial company offers to negotiate lower balances or longer payment terms on existing unsecured consumer loans. It receives compensation from the debtor. It does not advertise a new loan and says creditors receive money directly.
Missing facts: Its complete sales promises, any refinancing referrals, creditor commissions, legal analysis, loan documents, authority to sign agreements, and whether it handles funds indirectly.
Classification sequence:
- Determine whether the firm habitually assists with concluding a qualifying credit operation under L311-1, 5°. Existing-debt negotiation alone does not conclusively establish that predicate. C001
- If that intermediary predicate applies, paid negotiations seeking extensions or remission encounter L321-1/L322-1. C002–C003
- Test banking intermediation separately if the firm recommends or arranges a new credit transaction. C004–C007
- Test regulated legal consultation if it interprets legal defenses, drafts legal instruments, or advises on enforceability. C014
- Confirm whether payment handling is genuinely absent. C019–C021
Deciding bodies/documents: Actual mandate and transaction documents; ORIAS where an IOBSP category is claimed; the relevant legal professional authority where legal services are claimed; the competent regulator or court for a contested characterization.
Conditional result: The material read does not establish a universal debt-settlement license for this exact fact pattern, but it also does not establish that charging for the package is lawful. If further facts reveal compensated credit intermediation coupled with an L322-1 service, a material prohibition arises. Neither side may promise automatic debt reduction.
Scenario W02 — A mortgage/credit intermediary claims its registration permits paid debt settlement
Known hypothetical facts: An ORIAS-registered broker offers consolidation refinancing and separately sells a debtor-paid package to seek reductions of existing consumer obligations.
Missing facts: Precise registered category, mandates, credit types, whether the separate remuneration is for prohibited activity, and potential statutory/professional exceptions.
Tests: The consolidation service may satisfy L519-1/R519-1 and require correct ORIAS registration, competency and insurance. But for a qualifying consumer-credit intermediary, L322-1 separately prohibits taking remuneration for the specified debtor-plan/extension/remission work. The broker cannot infer from one authorization that a different remunerated service is permitted. C001–C009
Adverse branch: The provider produces an ORIAS certificate but no documentation distinguishing the permissible credit service from the potentially prohibited debt-treatment service. The certificate is relevant but not dispositive. Review the actual fee description, proposals and transaction documents.
Scenario W03 — A nonprofit claims an unrestricted legal-advice exemption
Known hypothetical facts: An association provides some free budget education and proposes individualized legal opinions on consumer debts for its members.
Missing facts: Qualifying statutory association category, approved/recognized status, scope of the association’s purpose, membership status, identity and qualification of the adviser, authority exercised under the organization, and any linked remuneration.
Tests: Article 63, as quoted and applied in the opened published appellate decision, addresses certain associations’ member consultations connected directly to their objects; Article 54’s separate professional conditions remain important. C014–C016
Decision/document: Association statutes and any applicable official agrément; actual adviser qualifications; Article 54/63 current consolidated text; the written description of legal consultations.
Adverse branch: “We are a nonprofit” or “a lawyer is on our advisory board” does not demonstrate that an unqualified operator may routinely supply paid legal opinions. A genuinely nonlegal free budgeting conversation is a different activity and must not be classified solely by association status.
Scenario W04 — The same phone call, three different creditor-side actors
Known hypothetical facts: Someone contacts a debtor to offer a revised repayment plan on an overdue loan.
| Branch |
Additional fact that changes classification |
Consequence/document |
| Original creditor |
Caller acts for the entity that itself owns the claim |
R124-1's collection-for-another premise is not established merely by collecting its own receivable. Examine creditor identity and ordinary underlying-credit rules. C022, C040 |
| Third-party collector |
Separate business pursues payment for the creditor |
Test R124-1–R124-3: creditor mandate, insurance, dedicated account and prior declaration. C022–C023 |
| Purchased-credit servicer |
A purchaser acquired a qualifying non-performing credit meeting the origin/transfer conditions and appointed a commercial servicing entity |
Test L54-11-1–L54-11-4, including exclusions and ACPR authorization or applicable EU route. C025–C028 |
Missing facts: Assignment, original lender, non-performing status at transfer, transfer date, whether the caller owns the claim, and the precise written instructions to the servicer.
Adverse branch: A debt purchase does not automatically turn every collection call into regulated L54-11 servicing; nor can a third-party servicer rely on ordinary R124 rules to dispense with a specific ACPR authorization where L54-11 actually applies.
Scenario W05 — Foreign company selling debt negotiation by telephone into France
Known hypothetical facts: An EU-established company uses a website and telephone salespeople to offer French residents debtor-side debt negotiations. It points to a home-country financial-services permission.
Missing facts: French establishment, location of personnel and performance, exact permission, customer/debt location, whether a new mortgage loan or credit is arranged, money flows, consumer versus business status, and legal consultation.
Tests:
- Apply the French activity definitions to the actual operations; foreign incorporation alone does not settle them. C001–C007
- If mortgage-credit intermediation is performed, analyze the limited L519-7–L519-10 EEA route and required notices. C013
- If the entity actually performs eligible non-performing-credit servicing, examine L54-11-17–L54-11-19 and the home-authority/ACPR process. C028
- If it supplies payment services, evaluate the distinct PSP authorization or agent pathway. C019–C021
- Private debtor-paid negotiation and legal consultations remain separately classified. C003, C014
Decision/document: Exact home authorization and permitted services, supervisory/register entry, cross-border notification evidence where required, consumer agreement, staff activity map and transaction/payment diagram.
Conditional result: No finding of an EU-wide right to conduct all debt-settlement models. The precise France-facing nexus and any non-EEA alternative remain unresolved.
Scenario W06 — Consumer loan, business debt and guarantee
Known hypothetical facts: Three prospective clients approach the same negotiator: (i) a natural person with a personal consumer loan, (ii) an individual entrepreneur with professional obligations, and (iii) a natural-person guarantor of a company's borrowing.
Different legal questions:
- The L311-1 consumer-credit intermediation test turns on a natural person and the purpose of an in-scope credit operation. C001
- L711-1 surendettement expressly addresses natural persons’ professional and nonprofessional debt and certain guarantees/joint obligations. That does not mean all three automatically qualify for a statutory remedy or that all their credit agreements become consumer credit. C030
- L711-3 and the Code de commerce business procedures can change the statutory route, especially for entrepreneurs. C031, C033
- The non-performing-credit servicing chapter separately defines a borrower to include a natural or legal person within its specific loan regime. C025–C026
Missing facts/documents: Credit and guarantee agreements, signing capacity, professional purpose, business legal form, insolvency status and actual provider activities.
Adverse branch: Treating a personal guarantee as either invariably consumer debt or invariably excluded business debt would collapse distinct statutory tests. Identify the provision being applied before answering.
Scenario W07 — Private consultant versus court-appointed business professional
Known hypothetical facts: A company director privately retains someone who advertises that they will act as the company's mandataire ad hoc and negotiate with creditors.
Missing facts: Any court decision appointing that person, the tribunal’s defined mission, prior payments and relationships, professional capacity and mandate.
Tests: L611-3 puts the appointment and mission with the competent tribunal president. L611-13 sets particular independence restrictions, and L611-14 governs court-established remuneration; R611-18–R611-20 addresses appointment mechanics. Separately, L812 governs mandataires judiciaires. C033–C035
Decision/document: Court appointment or order, not marketing copy or a private service agreement. The competent tribunal and any relevant professional enrollment determine the statutory capacity.
Adverse branch: Without the required appointment, describe the person as a private adviser/negotiator, subject to whatever separate professional rules apply. Do not represent a voluntary creditor agreement as a court-ordered proceeding.
Evidence register
1. Complete source register
Register key: C_FR-P01-Snnn. “Read” means relevant material body was opened in this investigation; it does not certify a full all-amendments citator. The October 26, 2026 access date applies to all rows. For webpages, PDF printed page and zero-based PDF index are both N/A. For PDFs, indices are identified explicitly.
| ID |
Issuer, title, full direct URL |
Exact material read, version and limits |
| S001 |
Légifrance, Code de la consommation, Article L311-1. https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000034072668/2026-05-12 |
Read: 2°, 5°, 6°; consumer, credit intermediary and credit definitions. Displayed effective Feb. 23, 2017 to Nov. 20, 2026. Applies to that code title’s credit perimeter; not a universal definition for business insolvency. |
| S002 |
Légifrance, Code de la consommation, Title II, Articles L321-1–L322-4. https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006069565/LEGISCTA000032222455/2025-08-08/ |
Read: L321-1 opening and 1°–4° exclusions; L321-2; L322-1, 1°–3°. L321-1 effective Feb. 23, 2017; L322-1 effective July 1, 2016. Date in URL is historical query date, not enactment date. Specific statutory scope preserved; sanction for L322-1 not exhaustively researched. |
| S003 |
Légifrance, Code monétaire et financier, IOBSP legislative chapter. https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006072026/LEGISCTA000006154694/2026-05-04/ |
Read: L519-1, L519-1-1, L519-2, L519-3, L519-3-1–4, L519-4, L519-6/-6-1, L519-7–10 and relevant exceptions. Mixed effective dates; L519-1 since Dec. 24, 2021; some sections scheduled to change Nov. 20, 2026. Applies only to defined intermediation. |
| S004 |
Légifrance, IOBSP regulatory definitions. https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006072026/LEGISCTA000025215044/2026-05-12 |
Read: R519-1 to R519-5, including R519-2 1°–3°, R519-4 I–III, R519-5. R519-2 shown effective Oct. 31, 2019 to Nov. 20, 2026. Ministerial threshold instrument not independently read; do not substitute the decree’s upper bounds for its actual thresholds. |
| S005 |
Légifrance, CMF single registration chapter. https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006072026/LEGISCTA000022954073/2026-04-12/ |
Read: L546-1 I–II, L546-2 I–II, L546-3 and L546-4 I–II, including categories, annual registration, statutory fee ceiling, radiation and specified penalties. In-force article versions shown; not a blanket criminal-offense analysis for unrelated activities. |
| S006 |
ORIAS, public FAQ Comment puis-je m’inscrire à l’ORIAS? https://www.orias.fr/api/document/content?id=2c9419ee8e74b711018e74b7a5450001 |
Read: 16-page PDF, particularly index 1, 3–5 and 8–9, category/geographical guidance, competence/insurance/guarantee and €25 fee. Printed page: not separately identified in displayed extraction. PDF zero-based indices: P1, P3–P5, P8–P9. Undated operational FAQ as served; not an enacted instrument and cannot override R519-4. |
| S007 |
Légifrance, Arrêté du 26 juin 2012 — Article 2. https://www.legifrance.gouv.fr/jorf/article_jo/JORFARTI000026122456 |
Read: Article 2 minimum financial guarantee, original JORF published July 4, 2012; €115,000 and twice average monthly funds over prescribed 12 months. Version initiale displayed. Subsequent amendment/consolidation not independently established; quantitative illustrations conditional on continuing force of this amount. |
| S008 |
ACPR, educational IOBSP/credit-brokering explanation. https://acpr.banque-france.fr/fr/professionnels/lacpr-vous-accompagne/parcours-fintech/contenus-pedagogiques/de-quel-statut-releve-mon-activite/je-fournis-des-fonds-des-entreprises-ou-des-particuliers-joffre-un-differe-de-paiement-mes-clients |
Read: credit-intermediation/referral explanations under relevant headings. Public regulator educational guidance, not a statutory exemption or approval of private negotiation. |
| S009 |
Légifrance, CMF Article L541-1. https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006072026/LEGISCTA000022953420/2026-06-12/ |
Read: L541-1 I 1°–4°, II–IV; effective May 24, 2019; investment-adviser scope and express reference to Law 1971 for legal consultations. Not evidence that every debt adviser is CIF. |
| S010 |
Légifrance, CAA Paris, 8th chamber, Nov. 15, 2021, 21PA01551. https://www.legifrance.gouv.fr/juri/id/CETATEXT000045242690 |
Read: full published decision, especially paragraphs 6–11 and dispositive Articles 1–3. Quoted then-operative Law 1971 Articles 54/63; appeal seeking reversal of association authorization decision rejected. Collegial panel named; no recorded dissent/vote count, no full appeals-history or subsequent-treatment review. Historical judicial interpretation, not proof that all 2026 statutory text is unchanged. |
| S011 |
Légifrance, Code des procédures civiles d’exécution, R124 collection chapter. https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000025024948/LEGISCTA000025938360/2026-03-19/ |
Read: R124-1–R124-7; scope, exclusions, R124-2 prior declaration/insurance/account, R124-3 creditor mandate, communications and R124-7 contravention. R124-2 effective Jan. 1, 2020; other relevant text since June 1, 2012. |
| S012 |
Légifrance, CMF Chapter XI, credit purchasers/servicers. https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006072026/LEGISCTA000048520910/2026-05-04/ |
Read: L54-11-1 1°–14°, L54-11-2, L54-11-3 I–II, L54-11-4 I–III, L54-11-13–19, L54-11-27–30. Core regime effective Dec. 30, 2023; outsourcing amendments effective May 3, 2025. Strict non-performing/origin/transfer scope. Some later sections and decrees not exhaustively read. |
| S013 |
Légifrance, CMF payment-services definition. https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006072026/LEGISCTA000020861166/2026-05-10/ |
Read: L314-1 I–III, notably payment service categories II 1°–8°, exclusions III 1°–5°; active version since Apr. 1, 2018. Full payment-contract mechanics not within this pass. |
| S014 |
ACPR, J’encaisse des fonds et les reverse à une tierce personne? https://acpr.banque-france.fr/en/node/26817 |
Read: payment transfer/money remittance, professional providers, PSP-agent explanations and exceptions. Current public ACPR educational classification guidance; case-specific opinion/authorization not obtained. |
| S015 |
ACPR, Vérifier un agrément. https://acpr.banque-france.fr/fr/particuliers/vos-moyens-daction/verifier-un-agrement |
Read: REGAFI/REFASSU/ORIAS public verification routes and defined EEA operations. Guidance on verification, not proof about a particular entity. |
| S016 |
ORIAS, official register and legal categories. https://www.orias.fr/home/juridique |
Read: register identity and IOBSP/CIF/IFP legal category descriptions. Public page; no entity search or backend registry query. |
| S017 |
Légifrance, Code de la consommation, surendettement definitions. https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006069565/LEGISCTA000032223539/2026-01-23/ |
Read: L711-1, L711-2, L711-3 and surrounding scope; L711-1 and L711-2 versions effective Feb. 16, 2022. Other adjacent material may have 2026 changes; no detailed eligibility or excluded-debt certification. |
| S018 |
Légifrance, surendettement commission provisions. https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006069565/LEGISCTA000032223591/2026-04-15/ |
Read: L721-1 and related commission context. Public statutory procedure role only; not a full forms/eligibility/process investigation. |
| S019 |
Banque de France, official Surendettement FAQ. https://www.banque-france.fr/fr/aide-faq/Surendettement |
Read: public commission/Bank of France description and free service; relevant public assistance references. Administrative guidance, not an expanded statutory entitlement. |
| S020 |
Légifrance, Code de commerce, business-prevention chapter. https://www.legifrance.gouv.fr/codes/id/LEGIARTI000006235158/2026-04-12 |
Read: L611-3, L611-6, L611-13, L611-14 and L611-17 context. L611-13 since May 15, 2022; L611-14 since July 1, 2014. Court/mission/remuneration scope only. Not a full company insolvency dossier. |
| S021 |
Légifrance, Code de commerce, mandat ad hoc regulation. https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000005634379/LEGISCTA000006161524/2026-01-29/ |
Read: R611-18–R611-21-1; written application, tribunal appointment, mandate/acceptance, applicable status. No hypothetical filing or submission made. |
| S022 |
Légifrance, Code de commerce, mandataires judiciaires. https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000005634379/LEGISCTA000006161433/2026-05-01 |
Read: L812-1–L812-2; court-designated professional function/list framework and exceptions. No practitioner lookup or full officeholder requirements pass. |
| S023 |
Légifrance, Ordinance n°2025-880 of Sept. 3, 2025. https://www.legifrance.gouv.fr/jorf/id/JORFSCTA000052184388 |
Read: Article 2 new L311-1 17°–19°, including debtor-advice definition; relevant future consumer-credit amendments. Published Sept. 2025 but prospectively effective Nov. 20, 2026 under Article 99. Not enacted-as-current operative provider permission. |
| S024 |
Légifrance, Ordinance n°2025-880, Article 99. https://www.legifrance.gouv.fr/loda/article_lc/LEGIARTI000052185299/2026-03-01 |
Read: I–III future effective date, grandfathering and specified exceptions. Article itself effective Sept. 5, 2025; substantive ordinance changes generally take effect Nov. 20, 2026. Full December 2025 amending ordinance reconciliation outstanding. |
| S025 |
Légifrance, Code de la consommation, Book VII overseas adaptations, future view. https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006069565/LEGISCTA000032223535/2026-11-20/ |
Read: L771-5 and L771-7 within a date-specific future consolidated view. Shows special treatment for Nouvelle-Calédonie and Polynésie française, but the L771-5 rendition is future-effective, not authority for present-day nationwide uniformity. Current overseas mapping remains open. |
| S026 |
ORIAS, Note relative au fonctionnement du registre unique. https://www.orias.fr/api/document/content?id=2c9419ee7fd59a83017fd5b32e9b0056 |
Read: historical operational material, 52-page PDF; §7.1, displayed printed page 43, zero-based PDF index P42, concerning €25 per category and distinct legal persons. Document dated May 2022; attributed historical corroboration, not claimed fresh 2026 rules. |
| S027 |
Légifrance, Law n°71-1130 Article 54, direct consolidated statutory attempt. https://www.legifrance.gouv.fr/loda/article_lc/LEGIARTI000039280601 |
Not read: opening returned 403; another official section/article URL also failed. Search result is discovery only. Next retrieval: obtain full current title II Articles 54–66 from official downloadable consolidated legislation or another accessible official version; compare 2026 amendments. Court quotation S010 is not a full substitute. |
| S028 |
Légifrance, CMF L521 payment-provider chapter. https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006072026/LEGISCTA000020862121/ |
Not read: opening returned 403; result text identified L521-1/L521-2 but snippets do not certify linked exceptions. Next retrieval: current individual L521-1–L521-10 via accessible official dated article body; reconcile with S013/S014. |
| S029 |
Légifrance, R519-17 guarantee subsection. https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006072026/LEGISCTA000019266601/2026-04-29/ |
Not read: opening returned an internal fetch error. Next retrieval: current R519-17–R519-18 full text, especially first-year and renewal requirements, and amendments to S007. |
| S030 |
Légifrance, Arrêté du 12 décembre 2018 amending the annual ORIAS fee. https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000037839483 |
Discovery only/not read: direct opening failed; operational amount appears in S006 and historical S026. Next retrieval: controlling consolidated 2012 registration-fee arrêté plus 2018 and later amendments for a normative fee-currentness certification. |
| S031 |
ACPR, public financial-agent/credit-servicer register description. https://acpr.banque-france.fr/en/node/34354 |
Read: REGAFI and certain official supervisory publication categories, including credit-servicer lists. Instructions only; no actual entity or permission lookup. |
Retrieval and provenance notes
- Official repositories searched: Légifrance enacted code sections, dated consolidated article pages, Journal officiel ordinances/arrêtés and published judgments; ACPR public supervisory guidance; ORIAS public guidance/register pages; Banque de France public information.
- Representative query bounds: intermédiaire de crédit, L322-1, IOBSP R519, ORIAS frais, consultation juridique article 54, recouvrement amiable R124, gestionnaires de crédits L54-11, services de paiement L314/L521, surendettement L711/L721, and mandat ad hoc L611.
- Important limitation: A source’s date-specific view and its displayed “version effective since” statement were distinguished. A recent crawler/access date does not itself prove an amendment search is exhaustive.
- No prohibited interaction occurred: no names were run through registers, no provider/person/borrower/case investigation was initiated, and no application, filing, fee, complaint or contact occurred.
2. Atomic claim register — A097/A098 reference claims
For each claim, the stated predicate limits its application. “Consequence” is a classification or statutory obligation, not a prediction that an authority will rule a particular hypothetical contract unlawful.
| Claim ID |
Exact bounded assertion — conditions, actor/debt/time and consequence |
Sources and precise pinpoints; limits |
| C_FR-P01-C001 |
For the pre–Nov. 20, 2026 consumer-credit provisions, a consumer/borrower is a natural person engaged in qualifying credit outside business/professional purpose; a remunerated/economically benefited habitual participant may be a credit intermediary if helping realize an in-scope credit operation without lending. |
S001, L311-1 2°, 5°, 6°. Contract and purpose facts required. |
| C002 |
L321-1 restricts the intermediary Title II perimeter by reference to L311-1 5°, excluding the named regulated legal professions and particular business-prevention/court-assigned actors within their missions. |
S002, L321-1 opening and 1°–4°. Exclusion limited to this title, not other laws. |
| C003 |
An intermediary within C002 may not undertake or offer for remuneration the three debtor-plan, delay/remission, or surendettement intervention activities. |
S002, L322-1 1°–3°. Enforcement, contractual invalidity and fee-recovery consequences not concluded. |
| C004 |
Habitual presentation, proposal, assistance, preparatory work or advice toward banking/payment operations for remuneration or economic advantage can constitute IOBSP under the stated inclusions/exclusions. |
S003, L519-1 I–II. Needs actual transaction nexus. |
| C005 |
Seeking or recording an agreement and explaining bank/payment terms to bring about an operation are specified intermediation acts. |
S004, R519-1. No inference merely from ordinary financial education. |
| C006 |
R519-2 defines limited introducer and incidental-activity exclusions; the latter depends on ministerial thresholds and excludes specified credit/solicitation branches. |
S004, R519-2 1°–3°, R519-3. Actual threshold order not yet read; no safe harbor assumed. |
| C007 |
IOBSP encompasses four mandate-dependent registration roles, with restrictions on combination and cross-border mortgage categories. |
S004, R519-4 I–III; S006, PDF P3–P4. Actual mandates control. |
| C008 |
Covered IOBSP must be registered; ORIAS registration is generally annual and entity/category-specific. Employees in the expressly excluded L546-1 II class do not individually register under that provision. |
S003, L519-3-1; S005, L546-1 I–II; S006, P1/P7–P8. Registration does not legalize other services. |
| C009 |
Relevant principals/responsible individuals must satisfy statutory honorability/competence rules; liability coverage must be supplied as required by L519-3-4, including where the mandant provides the stipulated coverage. |
S003, L519-3-3/-3-4; S006, P8. Full regulatory training/capacity matrix deferred. |
| C010 |
An IOBSP entrusted, even occasionally, with funds as parties’ mandatary needs the legally prescribed financial guarantee. |
S003, L519-4; S006, P3. Not a general debt-settlement savings reserve. |
| C011 |
The read original arrêté gives the minimum guarantee as max(€115,000, twice average monthly qualifying funds received in the preceding 12-month base). |
S007, Article 2. Amendment and R519-17 full current reconciliation outstanding. |
| C012 |
ORIAS public operating guidance states a €25 category registration charge, distinct from L546-1’s €250 statutory fee ceiling. |
S006, PDF P8, lines on fees; S026, printed p.43/index P42; S005, L546-1 I. Normative fee amendment verification pending S030. |
| C013 |
The L519 EEA intermediation freedom beginning L519-7 expressly applies to defined mortgage-credit contracts, with mandates and notification conditions; it is not a general debtor-advice passport. |
S003, L519-7–L519-10; S015, mortgage intermediary EEA guidance. Specific geography needed. |
| C014 |
Habitual remunerated legal consultation/drafting is specially regulated under Law 1971 Article 54 and permitted capacities; CIF law also cross-refers to those restrictions. |
S010, judicial quotation ¶6–7; S009, L541-1 IV. 2026 consolidated Articles 54–66 not fully read; historical quote only. |
| C015 |
Article 63 as judicially quoted permits defined associations’ consultations for members on matters directly related to their object, subject to the qualifying legal structure. |
S010, ¶7, 2021 quoted text. Current statutory/approval matrix pending. |
| C016 |
The Paris CAA dismissed the appeal challenging the specified association authorization; it interpreted the authorized “members” as persons legally practising under the association’s authority, not all general members. |
S010, ¶9–11; dispositive Art. 1. Specific appeal, three-judge panel; final appellate status and later treatment unreviewed. |
| C017 |
Notaries have an express exception from the cited IOBSP chapter, remaining under their own professional laws; L321-1 separately references regulated legal/judicial professionals. |
S003, L519-3; S002, L321-1 1°. No other-sector blanket exemption. |
| C018 |
CIF status is triggered by the enumerated investment/investment-service/miscellaneous-assets advice categories, with explicit legal-consultation limitations. |
S009, L541-1 I 1°–4°, II–IV. Debt advice alone is insufficient to establish CIF. |
| C019 |
Payment services include the enumerated account, transfer, card, acquisition, remittance, initiation and account-information services. |
S013, L314-1 I–II, 1°–8°. Actual funds flow determines application. |
| C020 |
An exclusion covers payment operations through an agent contractually authorized to negotiate/conclude sales/purchases of goods or services for the payer only or payee only; the defined predicates cannot be silently extended to all debt settlement. |
S013, L314-1 III, 3°; S014, ACPR commercial-agent discussion. |
| C021 |
ACPR identifies regulated PSP channels for regular receipt/remittance of third-party funds and a distinct PSP-agent model. |
S014, sections on transmission/PSP/agent; S015, institutions. S028 L521 current body unread; binding provider gateway details partial. |
| C022 |
R124 governs habitual or occasional amicable recovery for another, including incidental collection, except professionals acting within their separate statutory status/regulation. |
S011, R124-1. Own-receivable and debtor-side mandates require different classification. |
| C023 |
Within R124, a collector needs prescribed liability insurance, creditor-funds account and written declaration before activity; a creditor mandate must contain required collection particulars. |
S011, R124-2 all three paragraphs, R124-3. Not an ACPR license. |
| C024 |
R124-7 attaches a fifth-class contravention to specified R124-2 failures and missing R124-4 notice details; this does not establish automatic underlying debt cancellation. |
S011, R124-7 1°–2°, R124-4. Other remedies deferred. |
| C025 |
L54-11-1 defines non-performing credit at transfer, purchaser, servicing entity and servicing activities—including collection, renegotiation, complaints and borrower notification. |
S012, L54-11-1 1°–14°, particularly 2°–6°. NPL classification and loan origin indispensable. |
| C026 |
The NPL-servicing chapter is restricted to identified EU-bank/French-finance-company credit and includes exclusions for specified licensed/professional actors, nonqualifying loans and pre–Dec. 30, 2023 transfers. |
S012, L54-11-2 a–b; L54-11-3 I a–c; II a–c. No blanket collector exception. |
| C027 |
A French-established in-scope commercial credit servicer requires ACPR authorization before providing the defined services; legal-person, integrity, expertise, governance, borrower-treatment and internal-control predicates apply; ACPR refuses if the statutory criteria are unmet. |
S012, L54-11-4 I 1°–9°, II–III. Decree/application detail not exhaustively compiled. |
| C028 |
Eligible authorized EU credit servicers may conduct their covered services in France subject to L54-11-17–L54-11-19, including home-authority transmission and receipt/conditional elapsed-time branches. |
S012, L54-11-17, -18 I–III, -19 a–b. This is only credit servicing; no universal passport. |
| C029 |
Servicing outsourcing retains regulated servicer responsibility; not all activities may be outsourced; contracted third-party servicing suppliers cannot themselves receive and hold borrower funds under L54-11-16. |
S012, L54-11-13–L54-11-16, especially -14 a–g and -16. Full client-money analysis deferred. |
| C030 |
L711-1 describes good-faith natural-person surendettement, addressing professional and nonprofessional debts, primary-residence ownership and stated business-guarantee/joint-liability situations. |
S017, L711-1 paras. 1–4. This is not universal remedy eligibility or L311 consumer status. |
| C031 |
L711-2 addresses qualifying French nationals abroad with French creditors, while L711-3 interacts with Code de commerce insolvency procedures. |
S017, L711-2, L711-3. Complete territorial/entrepreneur rules deferred. |
| C032 |
Statutory surendettement involves the commission/Banque de France structure; Banque de France describes the official service as free. |
S018, L721-1–L721-2; S019, public FAQ. Authority versus agency guidance separated. |
| C033 |
Under L611-3, the competent tribunal president may designate a mandataire ad hoc at a debtor’s request and define the mission, with different competent tribunals by activity. |
S020, L611-3; S021, R611-18–R611-20. No self-appointment by private contract. |
| C034 |
For court-appointed mandataire ad hoc/conciliator roles, L611-13 contains prior-payment independence restrictions and exceptions; L611-14 places specified remuneration-setting with the tribunal and excludes concession-indexed remuneration/opening flat fees for the stated actors. |
S020, L611-13 paras. 1–2, L611-14 paras. 1–2. Not a private debt-settlement fee formula. |
| C035 |
Mandataire judiciaire is a separate statutory judicial professional role subject to the L812 court/list structure and exceptions. |
S022, L812-1–L812-2. No qualification from use of “mandataire” in advertising. |
| C036 |
Ordinance n°2025-880 introduces an independent “services de conseil aux personnes endettées” definition effective Nov. 20, 2026, with Article 99 grandfathering and specific exceptions. |
S023, Art. 2, new L311-1 18°; S024, Art. 99 I–III. Not currently operative as a provider status; later amendment reconciliation due. |
| C037 |
L546-2 authorizes radiation for failing registration requirements; L546-3 bars misrepresenting registered category; L546-4 states specific penalties for chapter breaches and misrepresentation. |
S005, L546-2 I–II, L546-3 paras. 1–2, L546-4 I. Offense elements and defenses must be separately proved; creditor debt not automatically void. |
| C038 |
Official public verification routes distinguish ORIAS intermediary categories from REGAFI/REFASSU and applicable foreign-home-authority institutional statuses. |
S015, instructions; S016, ORIAS categories; S031, official lists. No named lookup made. |
| C039 |
Overseas legal applications require explicit provisions; the read future L771 text shows distinctive Nouvelle-Calédonie/Polynésie française rules, preventing any sound assumption that all territories are identical. |
S025, L771-5–L771-7. Current October 2026 complete geographic matrix not established. |
| C040 |
Classifying the actor as an own-creditor, third-party collector or purchaser’s servicer changes which explicit actor definition is met; one label cannot substitute for those underlying facts. |
S011, R124-1; S012, L54-11-1 3°–6°, L54-11-2. Comparative inference from separate statutory definitions. |
| C041 |
A private retention agreement does not by itself satisfy the statutory court-designation predicate for mandat ad hoc, conciliation or judicial officeholding. |
S020, L611-3/-6; S021, R611-18–20; S022, L812-1–2. Legal inference; no assertion about a specific private contract. |
3. Granular coverage and deferral register
Statuses
- Answered: the narrow classification question was substantively answered on the available primary evidence.
- Partial: an operative branch is explained, but a consequential source, factual or geographic predicate remains.
- Unresolved: evidence is insufficient for a safe determination.
- Excluded_with_reason: a broader topic is deliberately outside this authorization gateway.
References are to the numbered findings above and the exact atomic claim IDs. The coverage status is researcher-assigned, not externally reviewed.
A. Activity, debtor, debt and time perimeter
| ID |
Subissue / status |
Finding and claim IDs |
Missing evidence / exact next focused question |
| A01 |
General budgeting/education — partial |
A1–A3; C001,C004,C014 |
When, on actual scripts and deliverables, does generalized budgeting become remunerated credit intermediation or legal consultation? |
| A02 |
Debtor-paid existing-debt negotiation — partial |
A1/W01; C001–C005,C014 |
Does the specific service assist conclusion of an in-scope credit transaction; what precise law otherwise governs remuneration? |
| A03 |
Repayment-plan preparation by qualifying intermediary — answered |
A1; C002,C003 |
Subsequent sanctions pass: exact enforcement provision and private effect, if any. |
| A04 |
Seeking debtor delay/remission by qualifying intermediary — answered |
A1; C002,C003 |
Same enforcement/remedy follow-up. |
| A05 |
Paid representation in surendettement by qualifying intermediary — answered |
A1/E; C002,C003,C032 |
Boundaries of professional/court exceptions in actual mandate. |
| A06 |
Refinancing/new consumer loan brokerage — answered |
A2/W02; C001,C004–C009 |
Particular lender agreement and precise credit type before provider-specific classification. |
| A07 |
Mortgage/secured-credit intermediation — partial |
A2/C3; C006,C013 |
Which mortgage/security product, EEA notice and current sector exceptions? |
| A08 |
Business/sole-trader credit — partial |
A1/W06; C001,C004,C025,C030,C031 |
Distinguish professional credit purpose, separate patrimony and applicable entrepreneur procedures. |
| A09 |
Company debtor versus natural person — answered as definition distinction |
A1/W06; C001,C025,C030 |
Specific remedy eligibility still deferred. |
| A10 |
Guarantor/joint debtor — partial |
E/W06; C030,C031 |
Which guarantee, signing purpose, debtor legal status and route? |
| A11 |
Professional/nonprofessional debt mix — partial |
E; C001,C030,C031 |
Does the question concern L311 intermediation or L711 statutory relief? |
| A12 |
Credit origin, purchase and NPL status — answered as conditional test |
B/C/W04; C025,C026 |
Actual originator, transfer date and NPL classification. |
| A13 |
Economic benefit, commission, indirect remuneration — answered as trigger concept |
A1/A2; C001,C003,C004 |
Actual payment/benefit evidence; precise prohibited service. |
| A14 |
Initial free consultation/paid later package — partial |
A1; C003,C004 |
What was offered and when does remuneration attach? No safe harbor inferred. |
| A15 |
Secured loan, mortgage, repossession — partial |
A2/C3; C006,C013,C025 |
Product-specific scope/security effects deferred. |
| A16 |
Effective dates/transitions/Nov. 2026 — partial |
C5; C001,C006,C036 |
Read all Dec. 2025 amendments and relevant implementation rules on the exact effective date. |
| A17 |
All credit/debt types uniformly regulated — unresolved |
A1–A3; C001,C004,C018,C025 |
Build debt-by-debt statutory perimeter; no homogeneous assumption. |
B. Actor, exclusion and remuneration gateway
| ID |
Actor/subissue and status |
Findings / exact claims |
Missing predicate / next action |
| B01 |
Commercial debtor negotiator — partial |
B/W01; C001–C005,C014 |
Full services and fee/benefit mapping. |
| B02 |
Charity/free nonprofit — partial |
B/W03; C014–C016 |
Current Law 1971 text, category and agrément. |
| B03 |
Association approved for legal consultation — partial |
B/W03; C015,C016 |
Actual qualification/authorization and association object. |
| B04 |
Lawyer/judicial professional — partial |
B; C002,C014,C017 |
Exact office and service limits; professional rules. |
| B05 |
Notary — answered for IOBSP exclusion only |
B; C017 |
Other notarial and payment duties. |
| B06 |
Accountant/other profession — unresolved |
B/A3; C014 |
Current professional statute and Law 1971 Article 59/60 ancillary practice text. |
| B07 |
Creditor collecting own claim — answered as R124 distinction |
B/W04; C022,C040 |
Other loan/product rules still outside pass. |
| B08 |
Third-party creditor collector — answered as entry test |
B/C2; C022–C024 |
Actual creditor mandate and statutory status exclusion. |
| B09 |
Debt purchaser — partial |
B/W04; C025,C026,C040 |
Ownership, origin, transfer and own-servicing facts. |
| B10 |
NPL purchaser’s servicer — answered conditionally |
B/C2; C025–C029 |
Actual ACPR/home-state status and exclusions. |
| B11 |
Referral/introducer — partial |
B/A2; C005,C006 |
Exact data transfer, scripts, documents and inducements. |
| B12 |
Software-only supplier — partial |
B; C005,C006,C014,C019 |
Does the operator itself recommend, negotiate, obtain consent or move money? |
| B13 |
Payment agent/distributor — partial |
B/C2; C019–C021 |
Current full L521/L523 law and PSP mandate. |
| B14 |
Public adviser/commission — answered as capacity distinction |
B/E; C032 |
Public assistance detailed inventory deferred. |
| B15 |
Court-appointed insolvency actor — answered as distinct gateway |
B/E/W07; C033–C035,C041 |
Full professional capacity and insolvency processing deferred. |
| B16 |
Remuneration prohibition under L322-1 — answered as scope rule |
A1; C002,C003 |
Do not extend to unproved actors or determine all consumer fee rights. |
| B17 |
Claimed blanket professional/nonprofit exemption — answered: not established |
B/W03; C002,C014–C017 |
Exact statutory exception must be shown individually. |
C. Authorization, registration, safeguards and nexus
| ID |
Subissue/status |
Findings / claims |
Missing evidence / focused next step |
| COV-C01 |
IOBSP legal definition — answered |
A2; C004,C005 |
Apply facts to real activity. |
| COV-C02 |
Incidental/referral exemptions — partial |
A2; C006 |
Retrieve current ministerial thresholds and amendments. |
| COV-C03 |
Four IOBSP categories/mandates — answered |
A2/C1; C007 |
Actual mandate and non-cumulation case facts. |
| COV-C04 |
ORIAS obligation/annual status — answered |
C1; C008 |
Actual provider status deliberately not checked. |
| COV-C05 |
Person/entity/responsible managers — partial |
C1; C008,C009 |
Full R519-6–R519-15/ORIAS prerequisites by category. |
| COV-C06 |
Training/fitness/experience — partial |
C1; C009,C027 |
Qualification-by-role current regulatory text. |
| COV-C07 |
Civil liability insurance — partial |
C1; C009,C023 |
Exact current mandatory IOBSP minimums and coverage variants. |
| COV-C08 |
IOBSP handling-funds guarantee trigger — answered |
C1/C4; C010 |
Actual capacity and money custody. |
| COV-C09 |
Guarantee amount formula — partial |
C4; C011 |
Reopen current R519-17 and updated consolidated arrêté. |
| COV-C10 |
ORIAS registration fee — partial |
C4; C012 |
Current controlling amended fee order; €25 verified operationally. |
| COV-C11 |
Provider capital/customer reserves — unresolved |
C1/C2; C010,C021,C027 |
Which license, if any, is actually triggered; then read its prudential rules. |
| COV-C12 |
Payment-service authorization/agent — partial |
C2; C019–C021 |
Full current L521/L522/L523 gateway and exclusions. |
| COV-C13 |
Credit-servicer ACPR agrément — answered conditionally |
C2; C025–C027 |
Full implementing decree/application documents if operational evaluation later. |
| COV-C14 |
Credit-servicer organizational safeguards — answered at statutory level |
C2; C027,C029 |
Supervisory specifics and financial thresholds not established. |
| COV-C15 |
Investment adviser/AMF category — answered as conditional trigger |
C2; C018 |
If investment recommendation present, AMF registration/conduct pass. |
| COV-C16 |
Regulated legal-practice permission — partial |
A3; C014–C016 |
Current full Law 1971 Articles 54–66 and applicable approvals. |
| COV-C17 |
Collection declaration/insurance/account — answered |
C2; C022,C023 |
Provider-specific evidence unavailable by design. |
| COV-C18 |
IOBSP EEA passport — answered as limited route |
C3; C013 |
Actual home-state permission and mortgage terms. |
| COV-C19 |
EU credit-servicer cross-border — answered as limited route |
C3/W05; C028 |
Relevant notices, receipt and host requirements. |
| COV-C20 |
France telephone/online inbound nexus — unresolved |
C3/W05; C013,C021,C028 |
Territorial tests for precise model, marketing and performance facts. |
| COV-C21 |
France outbound services — partial |
C3; C013,C028 |
Country of destination's restrictions and applicable provider status. |
| COV-C22 |
Non-EEA foreign permission — unresolved |
C3/W05; C021,C028 |
Full France-entry gateway; do not presume passport. |
| COV-C23 |
Sanctions for ORIAS breaches/misdescription — answered within chapter |
C1; C037 |
Evidence of specific offense elements, prosecutor/judicial determination. |
| COV-C24 |
L322-1 sanction/private consequences — unresolved |
A1; C003 |
Locate current offense, nullity/remedy provisions and case law. |
| COV-C25 |
Compliance changes Nov. 20, 2026 — partial |
C5; C036 |
Provision-by-provision future and transitional check. |
D. Registry and bounded decision evidence
| ID |
Subissue/status |
Findings / claims |
Next action or limit |
| D01 |
ORIAS public availability/categories — answered |
D; C008,C038 |
Hypothetical provider category/permissions only; no lookup made. |
| D02 |
ACPR institutional registers — answered |
D; C038 |
REGAFI/REFASSU relevant class and service, not every transaction. |
| D03 |
Foreign-home registers — partial |
C3/D; C013,C028,C038 |
Which EU state, activity, passport and notification? |
| D04 |
Status/radiation distinction — answered in principle |
C1/D; C037,C038 |
Real-time record/status must be checked in a specific authorized later task. |
| D05 |
Professional legal practitioner verification — partial |
D; C014–C017 |
Appropriate bar, chamber, order/official qualification and scope. |
| D06 |
Statutory court appointment verification — answered as document test |
D/W07; C033–C035,C041 |
Actual appointment order, if independently supplied. |
| D07 |
Registry proves outcomes/fees/contract legality — answered: no such inference supported |
D; C008,C038 |
Separate contract, conduct and remedies analysis. |
| D08 |
Published appellate legal-consultation precedent — partial |
A3/S010; C014–C016 |
Full subsequent history/current statute not checked. |
| D09 |
Private contracts/communications/templates — excluded_with_reason |
D, none obtained |
Specific agreement text and provenance needed for later contract task. |
E. Statutory mechanisms and professional boundaries
| ID |
Subissue/status |
Findings / claims |
Missing/next task |
| E01 |
Private voluntary settlement versus statutory order — answered as distinction |
E/W07; C032–C035,C041 |
Individual enforceability deferred. |
| E02 |
Personal surendettement definition — answered narrowly |
E; C030 |
Complete eligibility and exclusions deferred. |
| E03 |
Guarantor and mixed professional debt — partial |
E/W06; C030,C031 |
Complex entrepreneur route and actual guarantee. |
| E04 |
Commission/Banque de France — answered institutionally |
E; C032 |
Commission process and powers deferred. |
| E05 |
Public assistance/free access — partial |
E; C032 |
Exhaustive PCB/CCAS/charity/local directory later. |
| E06 |
Court mandat ad hoc — answered as role gateway |
E/W07; C033,C034,C041 |
Full procedure/remuneration later. |
| E07 |
Business conciliation — answered as separate court route |
E; C033,C034 |
Full opening criteria, agreement effects, fees and procedures later. |
| E08 |
Judicial administrator/mandataire judiciaire — partial |
E; C035 |
Full qualifications/appointment/trustee functions later. |
| E09 |
Sauvegarde/redressement/liquidation judiciaire — excluded_with_reason |
E; C031,C033,C035 |
Dedicated business insolvency dossier. |
| E10 |
Foreign statutory mechanisms — excluded_with_reason |
E; no imported legal claims |
Country-specific authorization/mechanism dossiers; no UK, Irish or US analogies. |
F. Individually deferred parent-country topics
These rows are intentionally not declared answered by a provider-perimeter overview. Each gives the specific next research question.
| ID |
Deferred topic |
Status |
Exact next focused question |
| F01 |
Consumer fee earning/timing |
excluded_with_reason |
Which current French provisions govern each debtor-paid arrangement, when may consideration be earned, and what classification predicates change the rule? |
| F02 |
Fee ceilings, calculation, commissions |
excluded_with_reason |
Are there product/activity-specific mandatory limits, and what precise base and exceptions apply? |
| F03 |
Refunds, deposit return and restitution |
excluded_with_reason |
On termination, invalidity or nonperformance, what substantive and procedural restitution rights arise? |
| F04 |
Withdrawal/cancellation and distance selling |
excluded_with_reason |
Which consumer/distance-contract cooling-off regimes and statutory exceptions apply to an actual contract? |
| F05 |
Contract formation, required terms |
excluded_with_reason |
What mandatory form, disclosures, consent and language requirements apply by service type? |
| F06 |
Advertising, misleading claims and sales conduct |
excluded_with_reason |
What current DGCCRF/consumer practices rules govern savings, outcome, public affiliation and authority claims? |
| F07 |
Conflicts, fiduciary/professional conduct |
excluded_with_reason |
What conflicts, mandate and professional duties exist under each actual status? |
| F08 |
Client money, custody, trust/segregation |
excluded_with_reason |
Exactly who owns and holds funds, which entity acts as PSP, and what safeguarding rules govern each account? |
| F09 |
Mandated payment execution |
excluded_with_reason |
Which L314/L521–523 authorization, agent-registration and transaction rules apply to the real funds flow? |
| F10 |
Private contract validity and remedies |
excluded_with_reason |
What cause of action, standing, limitation, restitution or invalidity follows a specified violation? |
| F11 |
Regulatory supervision/complaints/redress |
excluded_with_reason |
For each regulated actor, who hears complaints, under what procedure and with what possible outcomes? |
| F12 |
Individual debt products |
excluded_with_reason |
How do consumer loans, revolving credit, overdrafts, consolidation, mortgages and business loans differ in applicable substantive law? |
| F13 |
Debt collection/validation/disputes |
excluded_with_reason |
What creditor/collector notices, proof and debtor-dispute procedures govern each type of claim? |
| F14 |
Limitation and acknowledgment/revival |
excluded_with_reason |
Which prescription period, accrual event, interruption and acknowledgment rule governs each obligation? |
| F15 |
Credit reporting/FICP/data protection |
excluded_with_reason |
What exact entry, correction, retention, access and erasure rules apply? |
| F16 |
Courts, procedure, service and default |
excluded_with_reason |
Which court, procedure, service requirements and defenses govern the actual claim? |
| F17 |
Judgments and enforcement |
excluded_with_reason |
Which enforceable title, seizure mechanism, limitation and available challenge governs the case? |
| F18 |
Enforcement exclusions/exempt property |
excluded_with_reason |
Which protected assets, income, accounts and judicial exceptions apply? |
| F19 |
Mortgage/secured debt/foreclosure |
excluded_with_reason |
What mortgage security, acceleration and enforcement rules apply to the particular loan? |
| F20 |
Vehicle and other repossession |
excluded_with_reason |
What proprietary security and repossession/remedy procedures apply? |
| F21 |
Rent, eviction and housing debt |
excluded_with_reason |
What housing law, public assistance and eviction procedure controls? |
| F22 |
Medical bills |
excluded_with_reason |
Which public/private care creditor rules, invoicing/dispute channels and collection restrictions apply? |
| F23 |
Utilities and communications |
excluded_with_reason |
What service-protection, disconnection and payment-plan rules apply? |
| F24 |
Child/family support |
excluded_with_reason |
Which support obligations, priority and enforcement exceptions govern? |
| F25 |
Fines/administrative penalties |
excluded_with_reason |
Which administrative/criminal collection and relief procedures apply? |
| F26 |
Taxes and government claims |
excluded_with_reason |
Which tax/public-accountant compromise, enforcement and payment-plan powers exist? |
| F27 |
Priority/special-status debts |
excluded_with_reason |
Which preferential ranking, nonremission or protected claims apply in each mechanism? |
| F28 |
Public/free adviser and financial assistance |
excluded_with_reason |
What specific national/local programs, qualified providers and eligibility standards apply? |
| F29 |
Full consumer surendettement process |
excluded_with_reason |
What are submission, admissibility, commission powers, plans, measures, review and implementation rules? |
| F30 |
Rétablissement personnel and debt discharge |
excluded_with_reason |
What distinct statutory remedy, court/commission roles, exceptions and effects apply? |
| F31 |
Full business insolvency |
excluded_with_reason |
How do prevention, conciliation, safeguard, restructuring and liquidation differ and interact? |
| F32 |
Statutory forms, agency costs, timing |
excluded_with_reason |
Which current official forms, fees, service rules and complete deadline computations apply? |
| F33 |
Insolvency tax and non-dischargeable treatment |
excluded_with_reason |
What tax consequences and debt exceptions apply to each legally identified mechanism? |
| F34 |
Foreign creditor and cross-border collection |
excluded_with_reason |
What governing law, service and jurisdiction conditions apply to an identified foreign creditor? |
| F35 |
Currency, exchange and transfers |
excluded_with_reason |
Which contractual currency and regulated remittance rules apply? |
| F36 |
Contract law/choice of law |
excluded_with_reason |
Which rules determine the applicable substantive law for the actual contract? |
| F37 |
International jurisdiction/judgments |
excluded_with_reason |
Which French/EU/treaty recognition, enforcement and jurisdiction rules apply? |
| F38 |
Foreign assets and moving abroad |
excluded_with_reason |
How are assets and obligations treated on relocation, and under which jurisdiction-specific mechanisms? |
| F39 |
Overseas procedural variations |
excluded_with_reason |
Which exact current French and local statutes apply to each territory and service? |
| F40 |
Sector/local law and contract currentness |
excluded_with_reason |
Which regulated product, locality, language, version and signed contractual documents affect the outcome? |
| F41 |
All other countries |
excluded_with_reason |
Launch a separate independently sourced provider/classification pass for each jurisdiction; no cross-country borrowing of legal conclusions. |
Territorial/local register
The geographic rows below are authorization-scope checks, not completed local legal dossiers. The read future L771-5 text supplies a concrete warning against universal extrapolation, but it is not the complete October 2026 territorial rulebook. C039
| Jurisdiction or territorial relationship |
Status |
Current finding / exact next focus |
| Metropolitan France, including Corsica |
partial |
Central provisions examined in A–E, C001–C038; product and territorial exceptions still require reconciliation. |
| Guadeloupe |
unresolved |
Current Code de la consommation/CMF adaptations for each provider activity. C039 |
| Martinique |
unresolved |
Same; verify current operative local extension. C039 |
| Guyane |
unresolved |
Same, including institutional competent body. C039 |
| La Réunion |
unresolved |
Same, including collection and payment regimes. C039 |
| Mayotte |
unresolved |
Specific temporal/transitional adaptations. C039 |
| Saint-Martin |
unresolved |
CMF/consumer/professional-service extensions and exceptions. C039 |
| Saint-Barthélemy |
unresolved |
Current fiscal/contractual/consumer and payment-service adaptations. C039 |
| Saint-Pierre-et-Miquelon |
unresolved |
Specific CMF/consumer/insolvency legislation and local institutions. C039 |
| Nouvelle-Calédonie |
partial |
Distinct special regulatory adaptation demonstrated by S025; future version not assumed currently effective. Verify current local credit/adviser regimes. C039 |
| Polynésie française |
partial |
Distinct adaptation demonstrated by S025; obtain current local provider law and statutory mechanisms. C039 |
| Wallis-et-Futuna |
unresolved |
Current extension tables and competent institutions separately. C039 |
| French Southern and Antarctic Lands (TAAF) |
unresolved |
Whether and how any covered commercial/provider statute applies to a concrete activity. C039 |
| Clipperton |
unresolved |
Actual law-applicability rules for a concrete nexus, if any; no broad assumption. C039 |
| Other EU/EEA → metropolitan France |
partial |
Mortgage IOBSP and credit-servicing limited routes C013,C028; generic debtor negotiation nexus unresolved. |
| Non-EEA → France |
unresolved |
Entity/activity/consumer geography, appropriate French authorization and foreign qualification recognition. |
| France → another state |
partial |
Only French outbound mortgage-IOBSP and credit-servicer branches examined C013,C028; destination law not addressed. |
| Monaco or another distinct sovereign jurisdiction |
excluded_with_reason |
Not treated as France; independent jurisdiction research required before any conclusion. |
4. Researcher self-check and material outstanding questions
Checks performed
| Check |
Result |
| Consumer-credit prohibition read with its linked definition and exclusions |
Performed L311-1 → L321-1 → L322-1, not L322-1 in isolation. |
| Banking intermediation and exemptions distinguished |
Performed L519-1 and R519-1–R519-4. |
| Debtor-side versus creditor-side collection distinguished |
Performed R124 compared with L54-11. |
| Servicer authorization conditions and exceptions read |
Performed L54-11-1–4 and selected passport/outsourcing provisions. |
| Current fee amount distinguished from statutory fee ceiling |
Partial ORIAS operational €25 versus statutory €250 maximum; amended fee order retrieval outstanding. |
| Two statutory financial-guarantee calculations recomputed |
Arithmetic checked €300,000/12 → €115,000 floor; €1,200,000/12 → €200,000 multiple. Current amendment check pending. |
| Legal-consultation authority verified in complete present statute |
No Primary Article 54 consolidated retrieval failed; published court quotation is dated 2021. |
| Full payment-services statutory entry rules read |
No L314 definition and ACPR guidance read; L521 full operative body unavailable. |
| 2026 future reform distinguished from existing law |
Performed November 20 effect and grandfathering read; December 2025 amending provisions still require consolidation. |
| All other jurisdictions and parent debt-law subjects accepted |
No Explicitly deferred. |
| Independent review or coordinator validation |
Not performed This is the original researcher self-check only. |
Highest-value next focused legal questions
- Can a debtor-paid non-IOBSP firm lawfully supply nonlegal negotiation of existing consumer debt, and what specific fee rule governs it? Read all relevant current Code de la consommation, consumer service, agency and professional-practice provisions; distinguish prohibition, required permission and contractual conduct.
- What is the full current Law 1971 Article 54–66 legal-consultation boundary? Obtain the official consolidated body, current approved ancillary professional categories and associated ministerial approvals.
- What precise 2026 banking/payment gateway applies to an entity receiving monthly debtor funds? Read current L521/L522/L523 and R519-17, plus the exact money path and every applicable exclusion.
- How do the November 20, 2026 consumer-credit changes affect independent debtor advice and credit intermediaries? Reconcile both the September and December 2025 ordinances, implementing regulations, existing-contract provisions and overseas adaptations.
- For a provider claiming EU service rights, what is the precise inbound France territorial nexus? Separate mortgage intermediation, NPL credit servicing, payment operations, legal services and private negotiation.
- What actual penalties or private remedies attach to L322-1? Read sanction provisions and only material, published general judicial decisions. Do not presume debt cancellation or a refund.
Evidence-grounded content and tools for SettleADebt
These are possible research-backed publishing opportunities, not authorized publications or finished regulated tools:
- “Who is this debt company working for?” A plain-language creditor-owned / creditor-agent / credit servicer / debtor-agent comparison sourced to R124 and L54-11.
- “Does ORIAS registration cover this service?” An annotated category checker that first asks whether new credit or payment intermediation is actually performed, then explains the narrow permission and independent L322-1 issue.
- “Private agreement or official surendettement?” A source-annotated distinction showing Banque de France/commission and court authority, without estimating eligibility or relief.
- “France debt-help verification checklist.” A printable, source-linked document checklist distinguishing entity identity, financial registration, professional capacity, mandate and funds handling.
- A future-law comparison page explicitly showing rules as of October 26, 2026 against changes scheduled for November 20, with currentness checks.
- A narrowly conditional guarantee explainer reproducing the statutory bond formula only after validation of the controlling current arrêté, stating that guarantee amount is not consumer money, provider revenue or settlement savings.
Publication and operational holds
Do not publish yet as definitive legal clearance:
- “Debt settlement is unlicensed in France.”
- “Every paid debt adviser in France is prohibited.”
- “ORIAS membership authorizes debt settlement.”
- “Nonprofits, accountants or lawyers are always exempt.”
- “A foreign/EU financial-services permission covers all French debt help.”
- “The new independent debtor-advice framework already governs on October 26, 2026.”
- Any present-day definitive legal-consultation qualification matrix based solely on the 2021 case.
- Any universal debt-service charge, success-fee formula, promised reduction, creditor obligation, credit-score/tax outcome, deadline or automatic debt discharge.
This pass resolves significant provider-classification branches but does not certify the complete French provider perimeter. The decisive remaining uncertainty is the lawful scope of a commercial debtor-paid negotiator operating outside established credit-intermediation, regulated legal-practice and payment-service activities, together with full currentness and territorial verification.
The coordinator would still need to independently reopen the consequential statutes, verify the failed current text and amendment chains, recompute the two guarantee examples, and reconcile every coverage row. No component, A097, A098, parent country or broad France-area acceptance is claimed.
END C_FR PASS-01