Central Cheque or FCC
The Central Cheque was created in 1955 in response to the concern of government and the banking industry to facilitate the use of checks in improving the security of this payment. His role has been significantly expanded and diversified in connection with the implementation on 1 January 1976, the regime of prevention and punishment of offenses relating to checks imposed by the laws of 3 January 1972 and January 3, 1975. This scheme was further amended by Law of 30 December 1991 on safety checks and payment cards, which expanded the role of preventing the issuance of bad checks given to the Bank of France . The legislative provisions relating to checks and more particularly to payment incidents are now included in the Monetary and Financial Code (Articles L. 131-1 et seq.) Recent legislative changes have been made to the system of the prohibition of issuing bank checks. Thus Article 23 of Law No. 2001-420 of 15 May 2001 on New Economic Regulations (NRE) has reduced from ten to five years the maximum duration of the suspension of banking. In addition to Article 15 of Law No. 2001-1168 of 11 December 2001 on emergency measures to reform economic and financial (MURCEF) has eased the adjustment device incidents of check payment by doubling the period of exemption payment penalties liberating-now two-months and reducing the penalty for checks of small amounts (less than 50 €). Finally, bank charges resulting from the discharge are not sufficient funds are capped at 30 € for the same chèques.La Banque de France provides centralized payment incidents on checks written without sufficient funds, bans banks from issuing checks to hit consistently account holders at the origin of these incidents, and bans issue checks imposed by the courts (known as "judicial prohibitions"). The
Bank of France informs selectively institutions account holders of any bank or legal prohibitions imposed on their customers by colleagues. To this end, the Bank of France has been allowed to interview the Master of bank accounts (Ficoba), managed by the Directorate General of Taxes, to identify all accounts held by a person of a check and it also informs Similarly institutions corrections made by their customers on their other comptes.Afin strengthen the protection of victims of bad checks and to limit the implementation of the prohibition procedure of issuing checks, the bank is now required to give prior notice to dismiss for lack of a check or insufficient funds the account holder to enable it to supply its compte.Le account holder can also rectify the situation at any time during the duration of the ban and thus be removed immediately from the FCC. Otherwise, the prohibition applies to issue checks for five years from May 2001, against ten years ago. This reduction has resulted in the removal of the file more than one million people.
The File National Irregular Cheques (FNCI)
Article L. 131-86 of the Monetary and Financial Code (from the law of 30 December 1991 on safety checks and credit cards) gives the Bank of France with the task of informing everyone on the regularity of the issuance of checks that it is likely to accept for payment of goods or a service.
To do this, the FNCI centralized banking details :
§ of all accounts opened in the name of a person affected by a ban on issuing checks,
§ objections to loss or theft of checks, §
closed accounts, and the characteristics of the forged checks.
The information given to them by banks under the provisions of Articles L. 131-84, R. 131-32 and 42 of the Code monétaire et financier.
Concerning information relating to loss or theft of the checkbook, the FNCI also centralizes reporting loss or theft made by the victims with the National Call Centre lost or stolen checks [August 1992 68 32 08 (0.337 per minute), open 7 days 7 and 24 hours on 24. They are kept 48 hours worked if they were not confirmed by a statement of opposition from the institution holding the account. File
National Incident repayment loans (FICP)
The FICP was established by the Act of 31 December 1989 on the prevention and resolution of difficulties for individuals and families, whose provisions were incorporated into the Consumer Code (sections L to 333.4 L 333.6). The FICP is the preventive arm of the device for treatment of excessive debt. The latter revolves around him on departmental committees, whose mission is to seek with the creditors of distressed debtors, an amicable agreement for the redevelopment of all debts. Where negotiation fails, the commission has, since 1995 the possibility to propose specific measures which, under judicial control, will then be required to parts.The FICP main purpose is to provide credit institutions of evidence on the difficulties encountered by individuals to meet their repayment schedules. The contents of the file is defined in Article L333-4 susvisé.Les rules of the file are set out in Regulation No. 90.05 amended April 11, 1990 Committee on Banking and Financial Regulation (CRBF). The legislature has entrusted the Bank of France with the task of identifying: - Delinquency called "characterized", recorded on the credit extended to individuals for the financing needs of non-professional - records filed with the commission of indebtedness - the conventional measures and judicial treatment of over-indebtedness (including personal recovery measures introduced by Law No. 2003-710 of 1 August 2003 ) - the bankruptcy of civil judgments delivered in the departments of Alsace and Moselle.Le FICP identifies such information concerning persons domiciled in France, in overseas departments and the territorial collectivity of St. Pierre and Miquelon, as well as individuals of French nationality outside of France to fund unmet professionnels.Depuis 1 April 2007 the provisions of Regulation No. 90.05 amended April 11, 1990 CRBF apply in the overseas communities in New Caledonia, French Polynesia, Wallis and Futuna and in the territorial community of Mayotte . The
FICP identifies incidents known as "characterized , Which meet the criteria established by Article 3 thereof and result in a finding of bad debts recorded on the redemption of the same incidents crédit.Les cover all types of credit, not including overdrafts regularized, whatever their skill or technique. They are stored in the file for five years. Full payment of amounts owed to the lending institution stating the causes of the incident radiation.
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