Instruction No. 2015-I-22 of October 2, 2015, on the questionnaire regarding commercial practices and customer protection (repealed)

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2015-I-22 regarding the questionnaire on commercial practices and customer protection

The Prudential Control and Resolution Authority, Having regard to the Monetary and Financial Code, particularly Articles L. 612-1, L. 612-2 and L. 612-24; Having regard to the Insurance Code, particularly Article R. 336-1; Having regard to the Mutual Code, particularly Article R. 211-28; Having regard to the Social Security Code, particularly Article R. 931-43; Having regard to the Order of November 3, 2014, regarding internal control of companies in the banking, payment services and investment services sector subject to the control of the Prudential Control and Resolution Authority; Having regard to the opinion of the Consultative Commission on Commercial Practices of June 17, 2015; Having regard to the opinion of the Consultative Commission on Prudential Affairs of September 18, 2015, Decides:

Article 1
The following are hereinafter referred to as "subject entities":

• Credit institutions, with the exception of establishments and branches authorized to exercise their activities in the Principality of Monaco;
• Financing companies mentioned in II of Article L. 511-1 of the Monetary and Financial Code;
• Investment firms mentioned in Article L. 531-4 of the Monetary and Financial Code, other than portfolio management companies mentioned in Article L. 532-9 of the same code;
• Payment institutions mentioned in Article L. 522-1 of the Monetary and Financial Code;
• Electronic money institutions mentioned in Article L. 526-1 of the Monetary and Financial Code;
• Entities mentioned in 5 of Article L. 511-6 of the Monetary and Financial Code;
• Companies exercising a direct insurance activity mentioned in Article L. 310-1 of the Insurance Code and companies mentioned in the last paragraph of the same article;
• Mutual societies and unions that carry out operations falling under 1°) of I of Article L. 111-1 of the Mutual Code;
• Provident institutions and unions that carry out operations falling under Article L. 931-1 of the Social Security Code;
• Persons mentioned in Article L. 612-2 III of the Monetary and Financial Code exercising in France under the freedom of establishment.

Article 2
Subject entities respond to the questionnaire on commercial activities and practices and on customer protection rules appearing in Annex 1 for the banking, payment services and investment services sector or in Annex 2, for the insurance sector, under the conditions specified in Articles 3, 4 and 5 of this instruction. The questionnaire comprises four parts:

• A part relating to the identification data of the entity (I);
• A part intended to collect data on commercial activities (II);
• A part relating to commercial practices and dedicated means (III);
• A part relating to the internal control system (IV).
  The periodicity of the questionnaire is annual. The information appearing in the responses to the questionnaire is finalized on December 31 of each year. A methodological notice respectively addressed to entities in the banking, payment services and investment services sector on the one hand, and the insurance sector on the other hand, is attached to this instruction (Annexes 3 and 4). The computerized questionnaire is available on the ACPR website.

Article 3
The following subject entities are exempt from responding to parts II to IV of the questionnaire, after having completed part I (identification data):

• For entities in the banking, payment services and investment services sector:
  o Entities that are exclusively in contact with a clientele consisting of credit institutions and/or financing companies and/or payment institutions and/or insurance entities and/or entities belonging to the same group; o Investment firms that are exclusively in contact with a clientele of credit institutions and/or financing companies and/or payment institutions and/or insurance entities and/or entities belonging to the same group, or that only provide investment services without holding custody accounts or without the ancillary service of granting credit linked to an investment service;
• For subject entities in the insurance sector:
  o Totally substituted entities; o Insurance entities whose activity relates exclusively to large risks within the meaning of Article L.111-6 of the Insurance Code.

Article 4
Submission of the response to the questionnaire to the ACPR:
The response to the questionnaire is sent to the General Secretariat of the ACPR in electronic form, according to the modalities indicated by it. It is validated by a senior manager or the person they have authorized for this purpose. The response to the questionnaire is submitted to the ACPR no later than June 30 of each year. For the exercise covering 2015 data, subject entities send their response no later than September 30, 2016. For the first submission, subject entities may, through professional associations, contact the ACPR services to identify questions for which the collection of numerical data might require a delay to 2017.

Article 5
This instruction will be published in the official register of the Prudential Control and Resolution Authority. Paris, October 2, 2015 The President of the Prudential Control and Resolution Authority, [Christian NOYER]

ANNEX 1: Banking questionnaire

Commercial Practices and Customer Protection Questionnaire "Banking" I- IDENTIFICATION DATA II- ACTIVITY DATA III- COMMERCIAL PRACTICES AND DEDICATED MEANS IV- INTERNAL CONTROL SYSTEM

I- IDENTIFICATION DATA
Year
CIB
Legal name of the establishment
LEGAL FORM
CATEGORY
SUB-CATEGORY
GROUP AFFILIATION
Year of establishment authorization
Date of validation of the questionnaire by a senior manager or the person they have authorized for this purpose Name of the senior manager who validated the questionnaire or name and function of the person they have authorized for this purpose Contact details for the ACPR interlocutor Name First Name Function Phone Email Email confirmation Mailing address Address 1 Address 2 Address 3 Address 4 Postal Code City Contact details for the compliance officer Name First Name Function Phone Email Email confirmation Mailing address Address 1 Address 2 Address 3 Address 4 Postal Code City Contact details for the department or person in charge of handling complaints Department Name Name First Name Function Phone Email Email confirmation Mailing address Address 1 Address 2 Address 3 Address 4 Postal Code City Contact details for the mediator Mediator with the FBF yes/no Mediator with the ASF yes/no Other mediator yes/no Name First Name Phone Email Email confirmation Mailing address Address 1 Address 2 Address 3 Address 4 Postal Code City Specificities related to the activity of your establishment

1. Is your establishment exclusively in contact with a clientele consisting of credit institutions, and/or financing companies, and/or investment firms, and/or payment institutions, and/or insurance entities, and/or companies of its group affiliation?
   o Yes o No
   (The answer "Yes" exempts from the rest of the questionnaire)
2. Do you only provide investment services without offering cash accounts with payment means or without offering the ancillary service of granting credits and loans provided for in 2. of Article L. 321-2 of the Monetary and Financial Code?
   o Yes o No
   (The answer "Yes" exempts from responding to parts II to IV of the questionnaire)
3. If applicable, additional information related to the specificities of your establishment's activity
   Comments on Part I - IDENTIFICATION DATA

II- ACTIVITY DATA
1- INDIVIDUALS
Types of activities carried out / products offered Activity(s) and product(s) carried out or offered as of 12/31 of the year under review Stock as of 12/31 of the year under review Comments Yes / No Number Outstanding (unit = euro) Deposit accounts Including remunerated accounts Including accounts operating with a bundled product offer Payment means Withdrawal cards Payment and withdrawal cards Including cards with automatic authorization Credit cards Savings accounts Regulated savings accounts Bank books Time deposits RATES Fixed rate accounts Progressive rate accounts Revisable rate accounts CONTRACT DURATION Accounts with duration ≤ 6 months Accounts with duration > 6 months Other savings accounts Specify the nature and characteristics of the contracts concerned Financial instruments and share units accounts SUPPORT ACCOUNT Ordinary securities accounts Savings plans for shares Share unit accounts PRODUCTS Financial instruments issued by a group entity and marketed by the establishment Share units Credits Authorized overdrafts with duration less than 3 months Consumer credits CREDIT TYPES Personal loans Renewable credits Including renewable credits accompanied by a credit card Allocated credits Leasing with purchase option Overdrafts of more than 3 months Accompanied by a borrower's insurance proposed by the establishment Real estate / housing credits Regulated loans Non-regulated loans RATES Fixed rate loans Variable or revisable rate loans BORROWER INSURANCE Accompanied by a borrower's insurance proposed by the establishment at the date of credit granting Accompanied by an external borrower's insurance at the date of credit granting Bridge loans Other credits Specify the nature and characteristics of the contracts concerned Including credits with a duration ≤ 3 months accompanied by no interest or fees or only by interest and fees of a negligible amount Types of activities carried out / products offered Activity(s) and product(s) carried out or offered as of 12/31 of the year under review Contracts subscribed during the year under review Comments Yes / No Number Outstanding (unit = euro) Credit consolidations Subject to rules relating to consumer credit Subject to rules relating to real estate credit Electronic money (if yes, briefly specify distribution channels in comments) Including prepaid cards Distribution of insurance products Life insurance contracts (survival insurance and mixed insurance) Contracts in euro funds exclusively Multi-support contracts Other contracts Specify the nature and characteristics of the contracts concerned Other personal insurance contracts (health, provident, dependency, borrower, GAV...) Borrower insurance Property insurance contracts (auto, home, legal protection, affinity, ...) Revenues / major product families Gross revenues received (fees, interest, commissions) during the year under review (unit = euro) Comments Daily banking Including bundled product offers Including debtor interest on authorized or
unauthorized overdraft Including fees and commissions on account and payment operational incidents Savings accounts Consumer credits Real estate / housing credits Other credits Distribution of financial instruments and share units Electronic money Distribution of life insurance products Distribution of other personal insurance products Including borrower insurance Distribution of property insurance products

2- PROFESSIONALS
Types of activities carried out / products offered Activity(s) and product(s) carried out or offered as of 12/31 of the year under review Stock at the end of the year under review Comments Yes / No Number Outstanding (unit = euro) Current accounts including remunerated accounts including accounts operating with a bundled product offer Payment means Payment and withdrawal cards including cards with automatic authorization Savings accounts Regulated savings accounts Bank books Time deposits RATES Fixed rate accounts Progressive rate accounts Revisable rate accounts CONTRACT DURATION Accounts with duration ≤ 6 months Accounts with duration > 6 months Other savings accounts Specify the nature and characteristics of the contracts concerned Financial instruments and share units accounts SUPPORT ACCOUNT Ordinary securities accounts Share unit accounts PRODUCTS Financial instruments issued by a group entity and marketed by the establishment Share units Credits CREDIT TYPES Credits on commercial receivables Number of accounts concerned Export credits Cash credits Equipment credits Real estate credits Other credits Specify the nature and characteristics of the contracts concerned RATES Fixed rate loans Variable or revisable rate loans BORROWER INSURANCE Accompanied by a borrower's insurance proposed by the establishment at the date of credit granting Accompanied by an external borrower's insurance at the date of credit granting Types of activities carried out / products offered Activity(s) and product(s) carried out or offered as of 12/31 of the year under review Contracts subscribed during the year under review Comments Yes / No Number Electronic money (if yes, briefly specify distribution channels in comments) Including prepaid cards Distribution of insurance products Capitalization contracts Personal insurance contracts other than life insurance (health, provident...) Property insurance contracts (civil liability, construction, premises protection, legal protection, ...) Other insurance contract(s) Specify the nature and characteristics of the contracts concerned Revenues / major product family Gross revenues received (fees, interest, commissions) during the year under review (unit = euro) Comments Daily banking Including bundled product offers Including fees and commissions on account and payment operational incidents Savings accounts Credits Distribution of financial instruments Electronic money Distribution of insurance products

3- MARKETING SYSTEM
3-1 Distribution channels of products marketed to the clientele of your establishment Comments Physical network of branches and other commercial premises intended to welcome the clientele Yes/No Distance selling (including for professional clientele) Yes/No Use of Banking and Payment Services Intermediaries (IOBSP) Yes/No Use of Insurance Intermediary Representatives Yes/No Door-to-door sales (excluding door-to-door sales carried out by IOBSP, insurance intermediary representatives and other authorized establishments) Yes/No Other authorized establishment Yes/No Physical network of branches and other commercial premises welcoming the clientele Comments Number of sales points Full-time equivalent staff including Full-time equivalent staff recruited during the year under review Distance selling (including for professional clientele) Comments Existence of units dedicated to distance selling Yes/No If yes, full-time equivalent staff of these units Online subscription (totally dematerialized process involving electronic signature) Yes/No Subscription by phone Yes/No Subscription by exchange of correspondence (emails, letters) Yes/No Does the physical branch network carry out distance selling? Yes/No Other Yes/No Specify Use of Banking and Payment Services Intermediaries (IOBSP) Comments Number of IOBSP Brokers Representatives (exclusive, non-exclusive, representative of a representative) Remuneration paid and other benefits including commissions including others Use of Insurance Intermediary Representatives Comments Number of representatives Remuneration paid and other benefits including commissions including others Door-to-door sales (excluding door-to-door sales carried out by IOBSP, insurance intermediary representatives and other authorized establishments) Comments By phone Yes/No By Mailings, e-mailing and SMS Yes/No Physical door-to-door Yes/No Other Yes/No Specify Do you use an external provider who carries out this door-to-door sales activity on behalf of your establishment? Yes/No Other authorized establishment(s) acting on your behalf Comments Number of authorized establishments acting in the marketing of your establishment's products Types of products (drop-down menu checkboxes) Name of the establishments concerned Comments o Deposit / current accounts o Payment means o Savings accounts o Consumer credits o Real estate / housing credits o Other types of credits (specify in comments) o Other products (specify in comments) Marketing on behalf of third parties Types of products (drop-down menu checkboxes) Name of producers Comments o Deposit / current accounts o Payment means o Savings accounts o Consumer credits o Real estate / housing credits o Other types of credits (specify in comments) o Financial instruments and share units accounts o Life insurance contracts o Borrower insurance contracts o Other personal insurance contracts o Property insurance contracts

3-2 Products marketed (all clientèles combined) / distribution channel Distribution of sales of the year under review in number Physical network of branches and other commercial premises intended to welcome the clientele IOBSP Insurance intermediary representative Other authorized establishment(s) Employees of the establishment Comments Total Including representatives (exclusive, non-exclusive, representative of a representative) Including brokers Door-to-door sales (excluding door-to-door sales carried out by IOBSP, insurance intermediary representatives and other authorized establishments) Distance selling (including for professional clientele) Deposit accounts / Current accounts including Accounts operating with a bundled product offer Payment or withdrawal cards Credit cards Savings accounts Financial instruments and share units accounts Credits INCLUDING INDIVIDUALS including consumer credits (excluding credit consolidations) including real estate credits (excluding credit consolidations) including credit consolidations including other credits to individuals Marketing on behalf of third parties (drop-down menu checkboxes) o Deposit / current accounts o Payment means o Savings accounts o Consumer credits o Real estate / housing credits o Other types of credits (specify in comments) o Financial instruments and share units accounts o Life insurance contracts o Borrower insurance contracts o Other personal insurance contracts o Property insurance contracts

4- SPECIFIC SYSTEMS
INDIVIDUALS
NATURAL PERSONS ACTING FOR PROFESSIONAL PURPOSES LEGAL ENTITIES Stock of accounts at the end of the year under review Accounts opened during the year under review Accounts closed during the year under review Stock of accounts at the end of the year under review Accounts opened during the year under review Accounts closed during the year under review Stock of accounts at the end of the year under review Accounts opened during the year under review Accounts closed during the year under review Comments Number Number Number Accounts opened under the right to an account Clients whose over-indebtedness file was declared receivable during the year under review Comments Total (in number) including clients beneficiaries of one or more credits granted by your establishment (in number) Stock of beneficiaries at the end of the year under review Number of written proposals of the specific offer during the year under review (R. 312-4-3 II of the CMF) Number of subscriptions to the specific offer during the year under review Comments Specific offer for people in financial fragility (art. L. 312-1-3 of the CMF, R. 312-4-3 and Order of November 5, 2014)

5- VOLUME OF COMPLAINTS
Volume of customer complaints
Court seizures (in number) following a complaint brought to the attention of the declarant in number Positive (including amicable settlement proposed by the establishment, Information or Explanations) Negative Accounts Payment means Savings products (regulated savings/others, financial instruments including UCITS) Real estate credits Consumer credits (personal loans, allocated credits, renewable credits) Credits to professionals Other credits Distribution of insurance products Distance banking Banking services on ATMs TOTAL 1 Volume of customer complaints Court seizures (in number) following a complaint brought to the attention of the declarant in number Positive (including amicable settlement proposed by the establishment, Information or Explanations) Negative Individuals Professional natural persons Legal entities Responses to customer complaints (in number) Responses to customer complaints (in number)

1. PRODUCT OR SERVICE CATEGORY
2. CLIENT TYPE
   Volume of customer complaints
   Court seizures (in number) following a complaint brought to the attention of the declarant in number Positive (including amicable settlement proposed by the establishment, Information or Explanations) Negative Cross-cutting points Behavior towards clientele Information/advice Quality of the offer Pricing Defect or poor execution of an operation Processing times of an operation Files (FCC, FICP, FNCI) Accounts and Payment means Malfunctions Dispute of an operation for lack of authorization (including fraud, loss or theft on payment means) Account incidents Account closure Banking mobility or transfer request Right to an account and basic banking service Savings products Dispute relating to taxation, transfer or closure of savings products Credit Setup / Release of funds / Refusal of credit grant Credit or overdraft authorization termination Over-indebtedness, Request for restructuring