Décret n° 2023-813 du 22 août 2023 relatif à la définition des services d’investissement

Decree No. 2023-813, issued on 22 August 2023, covers the definition of investment services. It affects providers of investment services as outlined in Article L. 531-1 of the Monetary and Financial Code, providers of crowdfunding services as per Article L. 547-1 of the same code, and any other authorized entities offering services listed in Article L. 321-1 of the Monetary and Financial Code.
The primary objective of this decree is to modify the definition of the „reception and transmission of orders“ service to align with Regulation (EU) 2020/1503 of the European Parliament and Council dated 7 October 2020. This alignment specifically applies to European crowdfunding service providers for entrepreneurs.
One significant change introduced by the decree is the expansion of the definition of the „reception and transmission of orders for third parties“ service. as covered in Article 1 of the present decree. This expansion involves the removal of the condition related to the quality or status of the person or entity responsible for receiving and transmitting an order for transaction execution. This change is reflected in Article D. 321-1 of the Monetary and Financial Code, where the reference to „a service provider or an entity from a non-European Union and non-European Economic Area member state with equivalent status, on behalf of a third party“ is replaced with „another person or entity, on behalf of a third party, for the purpose of executing transactions.“
Decree No. 2023-813 came into effect on 1 September 2023.