Tax & Finance

#2026-466Extension of Financial and Monetary Code Rules to French Overseas Collectivities and New Caledonia

🇫🇷France··Other·Low Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

This ordinance updates how parts of France’s Monetary and Financial Code apply in several overseas territories, including Saint-Barthélemy, Saint-Pierre-et-Miquelon, French Polynesia, Wallis and Futuna, and New Caledonia. It adapts references so local institutions, currencies, and insolvency procedures fit the legal framework used in each territory. The practical impact is mainly technical. Banks, payment service providers, financial institutions, and enforcement bodies operating in these territories should check that compliance documents and procedures reflect the updated local wording, especially where rules refer to the Banque de France, the CFP franc, payment services, foreign investment controls, and local insolvency procedures.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

Key Changes

  • Extends selected Monetary and Financial Code provisions to overseas collectivities and New Caledonia with local adaptations.
  • Replaces some references to the Banque de France and euro amounts with references to overseas issuing institutes and CFP francs where relevant.
  • Aligns financial rules with local equivalents for insolvency procedures, social and solidarity economy references, payment services enforcement, and foreign investment controls.

Obligations

What this law requires

medium

When applying Article L. 112-14 IV of the Monetary and Financial Code in Saint-Pierre-et-Miquelon and French Polynesia-related Book VII provisions, entities must read references to “La Banque de France” as references to “L’Institut d’émission d’outre-mer” and references to amounts “in euros” as amounts “in CFP francs” where the ordinance so adapts the provision.

financial institutions operating in affected overseas territoriespayment service providers operating in affected overseas territories
operational
medium

Entities applying Article L. 211-10 in the relevant overseas territories must treat references to judicial reorganisation or judicial liquidation procedures as references to the equivalent locally applicable insolvency procedures with the same purpose.

financial institutionssecurities market participantscreditors or counterparties applying Monetary and Financial Code insolvency-related provisions
operational
low

Entities applying Article L. 311-5 in the relevant overseas territories must replace references to Article 1 of Law No. 2014-856 on the social and solidarity economy with references to locally applicable provisions having the same purpose.

financial institutionsentities relying on social and solidarity economy provisions in affected overseas territories
operational
medium

For New Caledonia-related application of Articles L. 151-6 and L. 151-7 on foreign investment controls, covered entities must apply the version resulting from Law No. 2024-850 of 25 July 2024 rather than the prior 2019 reference.

foreign investorsfinancial institutions involved in foreign investment transactionsentities subject to foreign investment control rules in New Caledonia
operational

Affected Parties

Banks and financial institutions operating in French overseas collectivitiesPayment service providers and their branches+2 more…

Tags

financial regulation,overseas territories,banking compliance…