BNP Paribas Banking Mediation Charter and Report
In application of Article L 316-1 of the French Monetary and Financial Code, BNP Paribas has established a mediation procedure for its individual customers that is governed by the rules and principles defined in this charter.
The Mediator is an individual not affiliated with BNP Paribas, who is recognized for their competence and impartiality. The Mediator is appointed by the Director of Retail Banking in France, member of the BNP Paribas Executive Committee, who also serves as the Mediator's point of contact.
The Mediator is appointed in application of a procedure that is in writing, transparent and objective, specifically setting out the criteria for the selection of candidates as well as the body with the responsibility of selecting the candidate.
The Mediator has adequate resources at their disposal that enable them to carry out this mission successfully.
BNP Paribas shall follow the recommendations of the Mediator.
Mediator's Field of Competence
Nature of dispute
The Mediator may be referred for any dispute existing between BNP Paribas and its customers who are natural persons acting for non-professional needs, dealing with banking and financial products, and the services proposed by the Bank.
Also falling within the Mediator's competence are disputes relating to the sale of insurance policies directly linked to a banking product or service distributed by BNP Paribas.
For disputes relative to insurance products that do not fall under the previous paragraph, the BNP Paribas Mediator will send the mediation request to the appropriate insurance mediator and will inform the customer thereof.
The Mediator is competent to examine all requests presented by a customer undergoing a procedure for over-indebtedness, with the exception of requests dealing with measures ordered by the Judge and/or the Commission of Over-Indebtedness.
Not included are disputes related to the Bank's general policies (e.g. rate policy, credit rejections, design of products, etc.) and those related to the performance of products tracking markets.
Recourse to Mediation
Mediation is a procedure that is offered to the customer, free of charge. The existence of this procedure and its terms and conditions are included in the deposit account agreement as defined in Article L 312-1-1-I of the French Monetary and Financial Code, and also included on bank statements.
To be admissible, the referral of a Mediator must be made in the French language:
A dispute may be referred to a Mediator only after all attempts at internal recourse at the bank by the customer have been exhausted, the customer has not obtained satisfaction or the customer has not received a response to their claim within two months. The means of internal recourse before the dispute can be referred to the Mediator are the following:
The process of making a claim is accessible online at the MABANQUE.BNPPARIBAS website and is described in the account agreement.
Mediation period and suspension of limitation periods
The Mediator provides a non-binding evaluation within a period of two months from the date the customer's letter is received.
In certain exceptional cases in which the dispute is extremely complex, the period for the mediation procedure may be extended in order to fully examine the dispute in question. The Mediator informs the parties of this extension and of the approximate duration expected to conclude the dispute.
From the start of the procedure, recourse to mediation suspends the limitation of actions related to the exercise of rights under dispute. The limitation period starts again for a period that may not be less than six months from the date the mediation procedure ends, as defined in the "Conclusion of the Mediation Procedure Excluding Judicial Recourse" paragraph.
The Mediation Process
The Mediator is tasked with seeking an amicable solution to disputes eligible for mediation such as those defined previously in the "Mediator's Field of Competence" paragraph.
The Mediator referred to a dispute informs the customer and BNP Paribas in writing of the introduction of the mediation procedure, specifying the start date.
The Mediator agrees to review the case from the customer's and the bank's points of view and consider the arguments of both parties in order to propose a solution that is amicable, balanced and definitive for the dispute.
The Mediator invites the parties to provide all the necessary supplementary documents as soon as possible.
Each party cooperates with the Mediator in good faith and agrees to transmit the requested information and documents to the Mediator without delay.
The Mediator is free, when required, to meet each party separately or jointly.
If the Mediator considers that the issue in dispute is not of a nature to be settled through mediation, the Mediator may propose that the parties examine the procedures or means that the Mediator believes will offer the best chances of settlement.
Mediator Evaluation and Agreement of the Parties
The Mediator provides an evaluation written in French that details their reasoning relative to the law or fairness, which may include recommendations that are favorable or unfavorable to the customer.
This evaluation is sent directly to the parties.
The customer is free to accept or refuse the Mediator's recommendations. When the customer accepts the recommendations, the amicable agreement of both parties may take the form of a transaction within the meaning described in Article 2044 of the French Civil Code.
BNP Paribas shall automatically follow the Mediator's evaluation.
The Mediator must be informed of any difficulties arising from the implementation of the agreement made between the parties.
Conclusion of Mediation Excluding Judicial Recourse
The mediation procedure ends:
Mediation and Judicial Recourse
The Mediator may not be referred if the same dispute has already been referred to the courts.
Proceedings that are brought before a court by the customer terminates the Mediator's mission if the dispute had been referred to them.
However, the Bank accepts to defer applying for judicial recourse against the customer if the dispute is first referred to the Mediator and will continue to defer until the Mediator provides their evaluation, with the exception of judicial proceedings that are brought as a precaution.
Unless otherwise agreed to by both parties or in case of a formal notice of a court with jurisdiction:
The Mediator is bound to absolute confidentiality as well as professional confidentiality in application of Article 226-13 of the French Penal Code.
The parties agree to respect the confidentiality of all information and documents exchanged during the mediation procedure. Thus, any statements, declarations and notices rendered may neither be produced nor referenced during any other procedure without the agreement of both parties.
The Mediator may, if they deem useful, receive each party separately or together and examine certain documents without these documents being shared with the other party. The Mediator is in no way bound by an adversarial procedure.
Release from banking or professional confidentiality
Referral to the Mediator implies express permission:
The Mediator abstains from representing or advising one of the parties in proceedings relative to the dispute that is the subject of mediation.
Exclusion of Liability
Except in case of gross negligence, the Mediator may not be held liable by either party.
Namely, the Mediator may not be held liable for written or verbal declarations, or drafting of documents or letters used during the mediation process.
Annual Report and Charter
Each year, the Mediator drafts a report concerning the mediation of disputes previously defined in the "Mediator's Field of Competence" paragraph. This report is sent to the Governor of the Banque de France, the Chairman of the Consultative Committee of the financial sector instituted in Article L 614-1 of the French Monetary and Finance Code and the Committee for Banking Mediation.
The Mediator drafts a report each year detailing all of their mediation activities, which the Mediator sends to the credit institution that appointed them, as well as a report drafted for release to the general public.
A copy of the BNP Mediation Charter is provided to anyone who requests it. An extract of this document is printed on the overleaf of all mailed correspondence.
The Charter is available online at any time at mabanque.bnpparibas.