Instruction No. 2017-I-21 of December 1, 2017, regarding the questionnaire on commercial practices and customer protection (repealed)

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY ----- Instruction No. 2017-I-21 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, relating to the 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 Committee on Commercial Practices of October 9, 2017; Having regard to the opinion of the Consultative Committee on Prudential Affairs of November 10, 2017, DECIDES

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

• Credit institutions, with the exception of establishments and branches
  authorized to carry out their activities in the Principality of Monaco, of establishments whose authorization is limited to the services of clearing of financial instruments and custody and;

• Financing companies mentioned in II of Article L. 511-1 of the Code
  Monetary and Financial Code with the exception of financing companies authorized to deliver, as a main activity, guarantees;

• The bodies mentioned in 5 of Article L. 511-6 of the Monetary and
  Financial Code;

• Companies carrying out a direct insurance activity mentioned in Article
  L. 310-1 of the Insurance Code and the companies mentioned in the last paragraph
  of the same article, with the exception of insurance bodies not falling under the regime known as "Solvency II" within the meaning of Articles L.310-3-1 and L.310-3-2 of the code of insurance;

• Mutual societies and unions that carry out operations falling under 1°) of I of
  Article L. 111-1 of the Mutual Code, with the exception of bodies
  totally substituted and bodies not falling under the regime known as "Solvency II" within the meaning of Articles L.211-10 and L.211-11 of the mutual code;

• Provident institutions and unions that carry out operations falling under
  Article L. 931-1 of the Social Security Code, with the exception of bodies not
  falling under the regime known as "Solvency II" within the meaning of Articles L.931-6 and L.931- 6-1 of the social security code;

• Persons mentioned in Article L. 612-2 III of the Monetary and
  Financial Code exercising in France under the right of establishment.

Article 2:
Subject entities must respond to the questionnaire on activities and commercial 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 frequency 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, is attached to this instruction (Annexes 3 and 4). The computerized questionnaire is available on the ACPR website.

Article 3:
The following 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 sector:
  o Entities that are exclusively in contact with a customer base consisting of credit institutions and/or financing companies and/or payment institutions and/or insurance bodies and/or entities belonging to the same group; o All entities regarding their activity of investment banking and financing.
• For subject entities in the insurance sector:
  o Insurance bodies whose activity is exclusively on large risks within the meaning of Article L.111-6 of the Insurance Code.

Article 4:
Submission of the questionnaire response to the ACPR:
The response to the questionnaire is sent to the General Secretariat of the ACPR under electronic form, according to the procedures indicated by it, by each subject possessing an interbank code for entities in the banking sector and by each subject possessing a SIREN number for entities in the insurance sector. It is validated by an effective manager or the person he has authorized for this purpose. The response to the questionnaire is submitted to the ACPR no later than June 30 of each year.

Article 5:
This instruction repeals Instruction No. 2015-I-22 as of its publication in the Official Register of the Prudential Control and Resolution Authority.

Paris, December 1, 2017
The President of the Prudential Control Authority and Resolution, Denis BEAU

Annex 1
Commercial practices questionnaire and customer protection "Banking"

I- IDENTIFICATION DATA
II- ACTIVITY DATA
III- COMMERCIAL PRACTICES AND DEDICATED MEANS IV- INTERNAL CONTROL SYSTEM

I- IDENTIFICATION DATA

Year
CIB
Corporate name of the establishment LEGAL FORM CATEGORY SUB-CATEGORY GROUP AFFILIATION Date of validation of the questionnaire by an effective manager or the person he has authorized for this purpose Name of the effective manager who validated the questionnaire or name and function of the person he has authorized for this purpose Contact details of the interlocutor within your entity in charge of sending the questionnaire to the ACPR Name First Name Function Phone Email Email confirmation

Mailing address
Postal Code
City
Contact details of the compliance officer Name First Name Function Phone Email Email confirmation Mailing address Postal Code City

Contact details of the service or person in charge of handling complaints Name of the service Name First Name Function Phone Email Email confirmation Mailing address Postal Code City Contact details of the mediator Mediator with the FBF yes/no Mediator with the ASF yes/no Other mediator yes/no Name First Name Phone Email Website address Address Postal Code City

Specificities related to the activity of your establishment

1. Is your establishment exclusively in contact with a customer base consisting
   of credit institutions, and/or financing companies, and/or investment firms, and/or payment institutions, and/or insurance bodies, and/or companies from its group of affiliation? o Yes o No (The answer "Yes" exempts from the rest of the questionnaire)
2. Does your entity carry out an activity of investment and financing banking?
   o exclusively o partially o none Entities that answered "exclusively" are exempt from completing parts II to IV of the questionnaire. Entities that answered "partially" do not include information related to this activity in their response elements. 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 on 12/31 of the year under review Stock on 12/31 of the year under review Comments Yes / No Number In outstanding (unit = euro) Deposit accounts Including interest-bearing 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 accounts

Term accounts RATE
Fixed rate accounts
Progressive rate accounts
Adjustable rate accounts
CONTRACT
DURATION
Term accounts
≤ 6 months
Term accounts > 6 months
Other savings accounts
Specify the nature and the characteristics of the contracts concerned Financial instruments and equity shares accounts SUPPORT ACCOUNT Ordinary securities accounts Share savings plans Equity share accounts PRODUCTS Financial instruments (excluding UCITS) issued by a group entity and marketed by the establishment Units or shares of UCITS managed by a group entity and marketed by the establishment Equity shares Loans Authorized overdrafts of duration less than 3 months Consumer loans CREDIT TYPES Personal loans Revolving credits Including revolving credits accompanied by a credit card Earmarked loans Hire purchase Overdrafts of more than 3 months Consumer loans accompanied by borrower insurance offered by the establishment

Mortgage / housing loans
Regulated loans
Non-regulated loans
RATE
Fixed rate loans
Variable or adjustable rate loans BORROWER INSURANCE Accompanied by borrower insurance offered by the establishment at the date of loan grant Accompanied by borrower insurance external to the establishment at the date of loan grant Bridge loans Other loans Specify the nature and the characteristics of the contracts concerned Including loans of duration ≤ 3 months accompanied by no interest nor fees or only interest and fees of a negligible amount Types of activities carried out / products offered Activity(s) and product(s) carried out or offered on 12/31 of the year under review Contracts subscribed during the year under review Comments Yes / No Number In outstanding (unit = euro) Credit refinancing Subject to rules relating to consumer credit Subject to rules relating to mortgage credit

Electronic money
(if yes, briefly specify the distribution channels in comment) Including prepaid cards Distribution of insurance products Life insurance contracts (life assurance and mixed assurance) Contracts in euro funds exclusively Multi-support contracts Other contracts Specify the nature and the 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 Everyday 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 loans

Mortgage / housing loans
Other loans
Distribution of financial instruments and equity shares 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 on 12/31 of the year under review Stock at the end of the year under review Comments Yes / No Number In outstanding (unit = euro) Current accounts including interest-bearing 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 accounts

Term accounts RATE
Fixed rate accounts
Progressive rate accounts
Adjustable rate accounts
CONTRACT
DURATION
Term accounts ≤ 6 months
Term accounts > 6 months
Other savings accounts
Specify the nature and the characteristics of the contracts concerned Financial instruments and equity shares accounts SUPPORT ACCOUNT Ordinary securities accounts Equity share accounts PRODUCTS Financial instruments (excluding UCITS) issued by a group entity and marketed by the establishment Units or shares of UCITS managed by a group entity and marketed by the establishment Equity shares Loans CREDIT TYPES Loans on commercial receivables Number of accounts concerned Export credits Treasury credits Equipment credits Mortgage loans Other loans Specify the nature and the characteristics of the contracts concerned RATE Fixed rate loans Variable or adjustable rate loans

BORROWER
INSURANCE
Accompanied by borrower insurance offered by the establishment at the date of loan grant Accompanied by borrower insurance external to the establishment at the date of loan grant Types of activities carried out / products offered Activity(s) and product(s) carried out or offered on 12/31 of the year under review Contracts subscribed during the year under review Comments Yes / No Number Electronic money (if yes, briefly specify the distribution channels in comment) Including prepaid cards Distribution of insurance products Capitalization contracts Personal insurance contracts excluding life assurance (health, provident...) Property insurance contracts (civil liability, construction, protection of premises, legal protection, ...) Other insurance contract(s) Specify the nature and the characteristics of the contracts concerned

Revenues / major product family Gross revenues received (fees, interest, commissions) during the year under review (unit = euro) Comments Everyday banking Including bundled product offers Including fees and commissions on operational incidents of account and payment Savings accounts Loans Distribution of financial instruments Electronic money Distribution of insurance products

3- MARKETING SYSTEM
3-1 Distribution channels of products marketed to the customer base of your establishment Comments Physical network of branches and other commercial premises designed to welcome the customer Yes/No Distance selling (including for the professional customer base) 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 customer Comments Number of sales points Full-time equivalent staff including Full-time equivalent staff recruited during the year under review Distance selling (including for the professional customer base) 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 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, SMS Yes/No Physical door-to-door Yes/No Other Yes/No Specify Do you use an external provider who carries out for the account of your establishment this activity of door-to-door sales (if yes, name of the provider(s) to be specified in Comments) Yes/No Identify the 5 products that have been the subject of marketing campaigns in year n in descending order (products/services to be selected using a drop-down menu) Product name 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 loans o Mortgage / housing loans o Other types of loans (specify in comment) o Other products (specify in comment)

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 loans o Mortgage / housing loans o Other types of loans (specify in comment) o Financial instruments and equity shares accounts o Life insurance contracts o Borrower insurance contracts o Other personal insurance contracts o Property insurance contracts

3
-2 Products marketed
(all customer bases combined) / distribution channel Sales distribution of the year under review in number Employees of the establishment IOBSP Insurance intermediary representative Other authorized establishment(s) Total Comments Including Units dedicated to distance selling Total Including representatives (exclusive, non-exclusive, representatives of representative) Including brokers Individuals Deposit accounts including Accounts operating with a bundled product offer Payment or withdrawal cards Credit cards Savings accounts Financial instruments and equity shares accounts

Loans including Consumer loans (excluding credit refinancing) including Mortgage loans (excluding credit refinancing) including Credit refinancing including Other loans to individuals Professionals Current accounts Including accounts operating with a bundled product offer Payment and withdrawal cards Savings accounts Financial instruments and equity shares accounts Loans on commercial receivables Export credits Treasury credits

Equipment credits
Other loans
Marketing on behalf of third parties (drop-down menu checkboxes) o Deposit / current accounts o Payment means o Savings accounts o Consumer loans o Mortgage / housing loans o Other types of loans (specify in comment) o Financial instruments and equity shares 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 in the framework of the right to an account Clients whose over-indebtedness file was declared admissible during the year under review Comments Total (in number) including clients beneficiaries of one or more loans 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/other, financial instruments including UCITS) Mortgage loans Consumer loans (personal loans, earmarked loans, revolving credits) Loans to professionals Other loans 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 provided to customer complaints (in number) Responses provided to customer complaints (in number)

1. PRODUCT CATEGORY
   OR SERVICE
2. CUSTOMER 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 the customer Information/advice Quality of the offer Pricing Defect or poor execution of an operation Processing times for 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 request for transfer 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 to grant credit Termination of credit or overdraft authorization Over-indebtedness, Request for restructuring