City of Paris, February 7th, 2012
Dear Sir,
On 7th December 2011, you wrote the Governor of Banque de France and asked for “the accurate and explicit legal source textually allowing banks to use a process which immediately prevents customers to manage their online bank account for not providing data about their wages and estate “.
In a previous letter from the General Secretariat of the Prudential Control Authority dated 27th October 2010, you have been given the information about the duty of attentiveness that financial organisations are subject to.
You have been given the electronic address to get the document from the Consultative committee of Finance sector in relationship with these organisations and the competent authorities regarding the anti-money laundering. It is mentioned through this document that your banker need economic information (wage, job, estate) to check your transactions.
Article L. 561-8 of the Monetary and Financial Code provides that when a financial organisation “is unable to identify its client or to obtain information on the object and nature of the business relationship, it shall not execute any transaction, regardless of the particulars, and shall not establish or pursue any business relationship. Where it has been unable to identify its client or to obtain information on the object and nature of the business relationship and the relationship has nevertheless been established pursuant to Article L. 561-5, it shall terminate it “.
Therefore, a financial organisation can terminate the business relationship with a customer when he does not provide data for identification and that enables to comprehend his operations within the framework of the fight against the money laundering and terrorism financing.
Yours sincerely,