Article L312-1-3 of the Monetary and Financial Code provides that:

Fees charged by a credit institution for the processing of account irregularities on a bank account are capped, per month and per transaction, for natural persons acting outside the scope of professional activities.
Among these persons, those who subscribe to the offer referred to in the second paragraph of this article, as well as those who benefit from an account including basic banking services opened under the procedure referred to in III of Article L.312-1, are subject to specific caps.

Credit institutions offer natural persons acting outside the scope of professional activities who are in a situation of financial vulnerability, in particular with regard to the level of their income, a specific offer including payment instruments, including at least two cashier’s cheques per month, and services adapted to their situation and designed to limit the fees incurred in the event of payment incidents.

The conditions for the application of this article are determined by a decree of the Council of State.

Article R312-4-3 of the Monetary and Financial Code specifies that:

I.A.

For the application of Article L.312-1-3, the financial vulnerability of the account holder is assessed by the account-holding institution on the basis of:

1. The existence of account irregularities or payment incidents and their repeated nature observed over three consecutive months, in particular when their number is equal to or greater than five within the same month. In this case, the customer is considered to be in a situation of financial vulnerability for a minimum period of three months;

2. And the amount of funds credited to the account.

In its assessment, the institution may also take into account any information it is aware of and considers likely to cause payment incidents, in particular expenses debited from the account.

I.B.

For the application of II of Article L.312-1 and Article L.312-1-3, the following persons are also considered to be in a situation of financial vulnerability:

1. Persons in whose name an unpaid cheque or a declaration of withdrawal of a bank card is recorded for three consecutive months in the Banque de France file centralising cheque payment incidents;

2. Debtors whose application for the treatment of their over-indebtedness situation has been declared admissible pursuant to Article L.722-1 of the Consumer Code, as well as those benefiting from measures for the treatment of their over-indebtedness situation, for the duration of their registration in the file provided for in Article L.751-1 of the Consumer Code.

II.

The proposal to subscribe to the specific offer is made on paper or on another durable medium. Credit institutions retain a copy thereof.

III.

The specific offer includes at least the following banking services:

1. The maintenance, closure and, where applicable, opening of a deposit account;

2. A payment card with systematic authorisation;

3. Cash deposits and withdrawals at the branch of the account-holding institution;

4. Four monthly SEPA transfers, including at least one standing order, as well as an unlimited number of SEPA direct debits;

5. Two cashier’s cheques per month;

6. A means of remote account access and the ability to carry out remote management transactions to another account held by the customer within the same institution;

7. An alert system regarding the account balance level;

8. The provision of bank account details (RIB);

9. The specific cap on intervention fees provided for in Article R.312-4-2;

10. One address change per year.

IV.

The specific offer is provided at a fee not exceeding three euros per month. This amount is adjusted annually in accordance with the INSEE consumer price index excluding tobacco.

V.

Where the holder of an account who has subscribed to the specific offer wishes to discontinue it and opt for another offer, their renunciation is recorded on paper or on another durable medium by the credit institution.

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