Bank files
Sommaire
Bank accounts (Ficoba) file
Content of the file of bank accounts
Bank accounts, Ficoba file, national bank and assimilated accounts file, list all bank accounts opened in France, as well as similar accounts (savings accounts, securities accounts, etc.). Accounts bancairesFicoba file is used to provide authorized personnel of information on accounts held by a person or a company.
This file is supplied and updated by the banks. You can't oppose the entry of your accounts in the Ficoba.
It indicates the opening operations, amendment and termination of an account, specifying:
- The Bank which is registered the account.
- The identity of the holders.
- The essential features of the account (number, type of account, etc.).
However the bank accounts, Ficoban file ' indicates the credit transactions or accounts, nor the balance.
This information is kept during the lifetime of the account and for 10 years after its closure.
Who has access to this file?
Only persons or agencies authorized by law and benefiting, according to the conditions laid down by the latter, for a waiver of professional secrecy (article the book of tax procedures L.103), may obtain communication of the data from this file. The main of them are (cf. article 4 of the Decree of June 14, 1982):
- Agents of financial authorities (tax administration, customs, TRACFIN…)
- Agents of the authority of financial markets
- Social security agencies
- Banking institutions
- The magistrates and judicial police officers
- The judges of the Court of Auditors and the regional chambers of accounts
- The judicial officers
- Notaries in charge of an estate
FICOBA data can also be communicated on the basis of a court decision expressly providing for access to the data in this file:
- For the benefit of the person or the tutelary body appointed by the guardianship judge for the protection of a minor or major protected;
- For the benefit of the judge or tribunal seized of an action to obtain a pecuniary sentence (section L 143 of the book of tax procedures). Such is the case for disputes between heirs to estate share or related to a divorce (community sharing, setting an alimony or compensatory). These data will be disclosed to the judge concerned for payment to the debate with a view to resolution of the dispute.
Access request
Depending on the nature of the information you want to get, the application process is different.
- Information about your marital status or your address: you must contact your center of the finances of attachment.
- Information about your bank accounts: you must send your request in writing to the cell to the right of indirect access to the National Commission of computing and liberties (Cnil), accompanied by a proof of identity.
- Information on accounts of a deceased person which you are heir: you must send your request in writing to the national treatment FBFV Centre, by joining with your application a copy of the death certificate, proof of your identity and a document proving your status of heir.
Rectification
If the transmitted data are false, the right of rectification is exercised with the banks concerned which will correct the Ficoba. In this case you should contact the bank concerned and provide it with the documents required for the correction you want.
References
The banking information to tax services
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Central file of cheques (FCC)
Content of the central file of the checks
The central file of cheques was created in 1955 in response to the concern of the public authorities and the banking industry to facilitate the use of the cheque in improving the security of this method of payment.
The central file of cheques (FCC) is a database held by the Bank of France, listing people who at least a bank withdrew the Faculty issue cheques or to use a credit card.
The FCC records people with Bank ban. It lists all the data must be provided by the Bank:
- The identity of the people issuing an NSF (surname, name, date and place of birth),
- To the identity of the persons to which apply a ban for another reason (including banking restrictions by court decision and some holding Co of a joint account or an undivided account associated with an NSF cheque).
- NSF at the origin of a ban (the check amount, number, date and cause of the refusal of payment, Bank branch of attachment, etc.).
Who has access?
The FCC can be found:
- By the banks. They have to do before issuing a first checkbook to a customer. They can also consult it freely before issuing a different payment method or granting a credit.
- By anyone who wants to know if it is registered. This right of individual access is exercised exclusively from the Bank of France.
Access request
To view your situation at FCC, you can:
- Experience personally in one of the settlements of the Bank of France, along with a proof of identity.
- Send a letter to the address of the Bank of France
In this case, include a photocopy of both sides of your identity card.
You will be contacted by mail. You can get the following information:
- Name of the reporting Bank
- Nature of registration: prohibition to issue cheques and/or withdrawal of credit card
- End date of registration to the FCC in the absence of regulation
Rectification
The right of rectification is exercised first institutions contents of accounts associated with cheques or credit cards with which the FCC registration took place.
References
Articles L131-84 to L131-86 (information of the Bank of France, incidents of payments, etc.)
Recording of incidents of payment
Statement to the Bank of France of the incidents of payments and accruals
- Deliberation Cnil n ° 95-120 October 17, 1995 on the application of the legislation on the safety of cheques
- Deliberation on the management of the central bank "CB" card withdrawals file Cnil n ° 2010-028 of February 4, 2010
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National file of the irregular checks (FNCI)
Content of the national file of the irregular checks
The national file of irregular checks (FNCI) is a database held by the Bank of France, which can be queried by any person who may accept a cheque in payment of a good or a service, to check the regularity of the cheque he will accept.
This file comes from the law of December 30, 1991 on safety checks and payment cards.
The file records details of closed accounts and accounts whose holders are subject to a prohibition to issue cheques, numbers of cheques in opposition to loss or theft.
Data concerning the declaration of loss or theft are erased after 48 hours if this statement is not supported by an opposition made in writing to the banker.
Who has access?
- Access to the entire file
Cheque recipients (mainly traders) can have access to the entire file. They must be for this FNCI service managed by the Bank of France.
- Limited access to their own data
Anyone, who wished to know if the details of the account it holds are saved in this file and check the information.
This right of access and rectification may be exercised:
- By visiting a branch of the Bank of France, and by presenting their identification with photograph, as well as a bank statement (or a cancelled check),
- Or by writing to the FNCI, enclosing a photocopy of the front and back of the national identity card and a bank statement (or a cancelled check).
File of the incidents of repayment of the loans to individuals (FICP)
Content
The FICP is a national database managed by the Bank of France and powered by credit institutions and debt commissions. Through exchanges on internet, it is now updated and rendered in real-time.
In which cases is it registered?
The FICP is intended to save:
- Characterized payment incidents have occurred in the repayment of loans to individuals,
- Information about the situations of over-indebtedness communicated to the Bank of France by debt commissions and courts,
- The personal bankruptcy judgments in the departments of Alsace and the Moselle.
The registration is made following an incident of repayment of a credit or in insolvency proceedings
End of 2015, this file were nearly 2.7 million people for nearly 3.3 million incidents, of which 90 per cent had originated the consumer credit.
The registration process
Before declaring an incident of payment at the Bank of France, the creditor is required to inform the borrower that he has 30 days from the date of this letter (postmark being authentic) mail to regularize his situation.
This letter must specify the characteristics of the incident (of the unpaid amount, maturity,) as well as the terms of regularization (coordinates the service of recovery).
At the end of 30 days, if the incident is regularized (regulation or implementation of an agreement), there is no place to register.
If this isn't the case, the creditor informed the borrower by mail information about the incident will be sent to the Bank of France. It must do so within 4 working days following the end of the period of adjustment, under penalty of sanctions.
The creditor shall send to the Bank of France:
- The status of the borrower
- The nature of the credit which gave rise to the incident of payment
- The date on which the incident became reportable (which becomes reference date).
The maximum display duration is 5 years from the date of reference. Until November 1, 2010, this period could be extended to 8 or 10 years, including as part of a file of over-indebtedness. This is no longer the case.
Who has access?
Credit institutions consult the FICP to assess the creditworthiness of a person requesting a credit.
You can exercise your right of access to the file by going to a window of the Bank of France or by mail.
References
- The consumer code: L711-2 articles
- The consumer code: L711-3-L711-5 articles
- The consumer code: article L711-6
Order of settlement of claims
- The consumer code: article L712-3
- The consumer code: L751-1-L751-6 articles
- The consumer code: L752-1-L752-3 articles
- The consumer code: L761-1-L761-2 articles
- The consumer code: article L762-1 to L762-2
- Decree of 26 October 2010 relative to the national file of the incidents of repayment of the loans to individuals
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