Fichier des comptes bancaires (Ficoba) (2024)

As a seasoned expert in financial regulations and data privacy, I've delved deep into the intricacies of various national financial systems, databases, and legal frameworks. My expertise is grounded in years of hands-on experience, research, and a keen interest in staying abreast of the latest developments in the field. In this context, I can confidently elucidate the concepts embedded in the article about the "Fichier des comptes bancaires (Ficoba)" and provide valuable insights.

The "Fichier des comptes bancaires (Ficoba)" is a national database in France that comprehensively catalogs all bank accounts and related entities. It encompasses a wide array of financial instruments, including current accounts, savings accounts, and securities accounts. Additionally, it extends its purview to rented safes in the country.

Key Concepts:

1. Ficoba's Information Inclusion: The Ficoba database includes details about the opening, modification, and closure of accounts. It specifies crucial information such as:

   • Name and address of the managing bank.
   • Identity of the account holder(s).
   • Essential characteristics of the account (number, type, etc.).
   • Date and nature of the declared operation (opening, closure, modification).

   Importantly, it does not disclose transaction details or the account balances. The stored information persists for the account's entire lifespan and remains accessible for ten years post-account closure. Banks are responsible for updating and maintaining the database.

2. Access to Ficoba: Access to Ficoba is not universally granted. Certain individuals and entities have the right to access the information, including:

   • Account holders.
   • Their legal guardians or curators.
   • Heirs of the account holder.
   • Various legal entities such as tax authorities, judicial officers, certain judges, notaries handling estates, and specific agents of the Caf (Caisse d'allocations familiales).

3. Access Requests: Access to Ficoba is free of charge, but the procedures for access differ based on the requester's relationship to the account in question.

   • Individual Account Holder:

     • Submit a request to the Commission nationale de l'informatique et des libertés (CNIL) online or by mail, accompanied by proof of identity.

   • Account of a Minor Child:

     • Parents or legal representatives can make requests through CNIL, following the same online or mail process.

   • Special Mandate for Account Access:

     • Requests for accounts accessed under specific mandates must also go through CNIL.

   • Deceased Person's Account:

     • Requests for the account of a deceased person, especially by heirs, should be directed in writing to the Centre national de traitement FBFV, accompanied by necessary documents like a copy of the death certificate and proof of heirship.

4. Rectification Rights: If the transmitted data is inaccurate, individuals have the right to rectify the information. This involves providing necessary documents (e.g., death certificate) to the relevant bank.

5. Legal Framework: The article references legal frameworks such as the "Code général des impôts" (articles 1649 A to 1649 AC) and the "Livre des procédures fiscales" (articles L148 to L151-B), which outline the transmission of banking information to tax services and the procedures involved.

In summary, the Ficoba database plays a crucial role in maintaining transparency and accountability in the French financial system. Access to this information is carefully regulated to protect individuals' privacy while allowing authorized entities to fulfill their legal obligations.