Regulation

Article 1:

The provisions of this decree apply to natural or legal persons who, habitually or occasionally, even as an ancillary activity, carry out the amicable recovery of debts on behalf of others, with the exception of those who carry out such recovery under their professional status or within the framework of the regulation of their profession.

Article 2:

The persons mentioned in Article 1 must provide proof that they have taken out an insurance policy covering them against the financial consequences of professional civil liability they may incur as a result of their activities. They must also provide proof that they hold an account with one of the credit institutions referred to in Article 18-1 of the aforementioned Law of 24 January 1984, or with one of the institutions or establishments referred to in Article 8 of the same law. This account must be used exclusively for receiving funds collected on behalf of creditors.
Proof of compliance with the conditions required in the preceding paragraphs is provided by a written declaration from the persons concerned, submitted or sent, before any activity begins, to the public prosecutor at the regional court in whose jurisdiction their business is located. The public prosecutor may verify at any time that the persons concerned are complying with the obligations prescribed by this article.

Article 3:

The persons mentioned in Article 1 may only proceed with amicable debt recovery after concluding a written agreement with the creditor, authorizing them to receive payments on the creditor's behalf.
This agreement must specify, in particular:
1. The basis and amount of the sums due, with a separate breakdown of the various components of the debt(s) to be recovered from the debtor;
2. The terms and conditions of the guarantee provided to the creditor against the financial consequences of civil liability incurred as a result of debt recovery activities;
3. The conditions for determining the creditor's remuneration;
4. The conditions for the transfer of funds collected on behalf of the creditor.

Article 4:

The person responsible for amicable debt recovery sends the debtor a letter containing the following information:
1. The name or company name of the person responsible for amicable debt recovery, their address or registered office, and a statement that they are engaged in amicable debt recovery.
2. The name or company name of the creditor, their address or registered office.
3. The basis and amount of the sum due, including principal, interest, and other charges, specifying the different components of the debt, and excluding costs that remain the responsibility of the creditor pursuant to the third paragraph of Article 32 of the aforementioned Law of 9 July 1991.
4. A statement that the sum due must be paid and the payment terms.
5. A reproduction of the third and fourth paragraphs of Article 32 of the aforementioned Law of 9 July 1991.
The references and date of sending of the letter referred to in the preceding paragraph must be recalled during any other approach to the debtor with a view to amicable recovery.

Article 5:

A receipt is issued to the debtor for every payment. Unless otherwise agreed, funds received by the person responsible for collection must be remitted within one month of their actual receipt.

Article 6:

The debt collector must, upon receiving any payment, even partial, from the debtor, inform the creditor, provided that this payment does not result from the execution of a payment plan already known to the creditor. Unless otherwise stipulated, the debt collector must also inform the creditor of any proposal from the debtor to settle their obligation by means other than immediate payment of the amount claimed.

Article 7:

Any person who, while carrying out the activity referred to in Article 1, fails to comply with the obligations set forth in Article 2 or omits one of the items required by Article 4 from the letter sent to the debtor, shall be punished by the fine prescribed for fifth-class misdemeanors. In the event of a repeat offense, the fine prescribed for repeat fifth-class misdemeanors shall apply.

Article 8:

This decree shall enter into force on the first day of the sixth month following its publication in the Official Journal of the French Republic.

Article 9:

The Keeper of the Seals, Minister of Justice, the Minister of the Economy and Finance, and the Minister for Small and Medium-Sized Enterprises, Trade and Crafts are each responsible, within their respective areas of competence, for the implementation of this decree, which will be published in the Official Journal of the French Republic.
By the Prime Minister: Alain Juppé
The Keeper of the Seals, Minister of Justice, Jacques Toubon
The Minister of the Economy and Finance, Jean Arthuis
The Minister for Small and Medium-Sized Enterprises, Trade and Crafts, Jean-Pierre Raffarin