Minimal skills for IOBSP of 150 hours


Objectives :

  • Providing the minimum skills to practice the IOBSP profession when the conditions of professional experience or diplomas provided by the regulations are not met

Program :

  • Generalist or specialised credit institutions.
  • 1 – The formation of a common core (minimum duration: 60 hours [levels 1 and 2])
    • General knowledge:
    • 1.1Knowledge of the general context of the intermediary activity in banking and payment services.
      • Presentation of the credit and insurance sector.
      • The concept of banking operations and payment services.
      • The different partners of IOBSPs: banks, financial companies, insurance companies.
      • The banking mandate and its limits.
      • Risks associated with operations and services, including those transmitted to customers.
    • 1.2.The different regulatory categories of IOBSP (art. R. 519-4 of the Monetary and Financial Code) and the methods of carrying out the activity: contents and limits.
      • 1.2.1. Brokers, agents, mandataries of IOBSP.
      • 1.2.2. The independents.
      • 1.2.3. The networks.
    • 1.3. The fundamentals of common law.
      • 1.3.1. The legal status of borrowers: single, entered into an agreement, married (the different matrimonial regimes), divorced; and its impact on loan conditions and the formation of the contract.
      • 1.3.2. Capacity.
      • 1.3.3. Validity of the client’s consent (art. 1109 c. civ.).
      • 1.3.4. Execution of contracts in good faith (art. 1134 c. civ.).
      • 1.3.5. General information on unfair and illegal commercial practices and their sanctions.
      • 1.3.6. Individual liberties, protection of customer’s personal data (CNIL) and respect for banking secrecy.
    • 1.4.The conditions of access and exercise.
      • Registration.
      • Professional capacity.
      • Honorability.
      • Professional insurance.
      • Financial guarantee.

 

 

 

    • 1.5.The fight against money laundering and terrorist financing.
    • 1.6.Distribution terms and conditions.
      • 1.6.1 Banking and financial canvassing.
        • Definition.
        • Prohibitions made to the direct seller.
        • The rules of good conduct.
        • The withdrawal period.
        • Sanctions.
      • 1.6.2. Distance selling of banking and financial products.
        • 1.6.2.1. Definition.
        • 1.6.2.2. The right of withdrawal.
        • 1.6.2.3. Information obligations.
        • 1.6.2.4. Specific rules for concluding contracts by electronic means.
        • 1.6.2.5. Sanctions.

 

 

 

 

 

  • 2 – General knowledge of credit.

 

 

    • 2.1. Nature, characteristics, purposes of the various forms of credit to individuals.

 

      • 2.1.1. Consumer credit.
      • 2.1.2. Real estate credit.
      • 2.1.3. Lifetime mortgage loan.
      • 2.1.4. Grouping of credits.

 

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    • 2.2. Characteristics and purposes of loans to professionals.
    • 2.3. Analysis of the financial characteristics of a credit.
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      • 2.3.1. The different types of rates and their characteristics.
      • 2.3.2. Cost and total duration of the credit.
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  • 3 – General concepts on guarantees.

 

 

    • 3.1. The different types of guarantees.

 

    • 3.2. Their limitations.

 

    • 3.3. General concepts on security interests.

 

    • 3.4. The bond.
  • 4 – General concepts on borrower insurance.

 

 

 

 

 

    • 4.1. General information.

 

      • 4.1.1. The principle of free choice of the client, in particular the principle of free choice of the borrowers’ insurance contract when taking out a mortgage loan.
      • 4.1.2. Collective or individual pricing, impact on rates.

 

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    • 4.2. The risks covered.

 

      • 4.2.1. The death.
      • 4.2.2. Disability.
      • 4.2.3. Disability.
      • 4.2.4. The notion of “equivalent level of guarantee”.

 

 

 

 

 

 

    • 4.3. Borrower risk pricing.

 

      • 4.3.1. Medical selection, professional or sporting risks.

 

      • 4.3.2. Pricing of the aggravated risk (increase, exclusion, deductible).

 

      • 4.3.3. The aggravated health risk: the AERAS convention.

 

 

 

 

 

  • 5. The rules of good conduct.

 

 

    • 5.1. Customer protection.

 

    • 5.1.1. Knowledge of the customer.

 

    • 5.1.2. The Discrimination Act.

 

    • 5.1.3. Loyalty requirement: the obligation to act honestly, fairly, transparently and professionally in the best interests and rights of clients.
    • 5.1.4. Knowledge of the rights and obligations of the borrower and the nonco-borrower spouse.
    • 5.1.5. Obligation of pre-contractual information when entering into a relationship.
    • 5.1.6. Presentation of the characteristics of the service.
    • 5.1.7 Duty to advise or warn and to collect the necessary information.
    • 5.1.8. Case of distance contracts.
    • 5.1.9. Formalize and document the client’s support.
    • 5.1.10. Prior agreement on costs and capital ties.

 

 

 

 

 

 

  • 5.2. Preventing over-indebtedness and responsible debt.

 

    • 5.2.1. Presentation and characteristics of over-indebtedness situations.

 

    • 5.2.2. Knowledge and approaches necessary to prevent over-indebtedness.

 

    • 5.2.3. Explanations and warnings to be given in case of risk of
    • 5.2.4. Presentation of the principles and procedures for dealing with over-indebtedness.
    • 5.2.5. Risk to which the lender is exposed in the event of over-indebtedness of the borrower, in particular the possibility for over-indebtedness fees to cancel all or part of the debts contracted by the latter.
    • 5.2.6. Treatment of over-indebtedness: over-indebtedness commission, organisation, operation, referral, role of the Banque de France.

 

 

 

 

 

 

  • 5.3. Prevention of conflicts of interest.

 

    • 5.3.1. Unveiling of mandates.

 

    • 5.3.2. Financial and capital links with principals or credit or payment institutions.

 

    • 5.3.3. Transparency on the costs and remuneration of the intermediary (content, limits).

 

 

 

 

    • 5.3.4. Rules for the remuneration of intermediaries’ staff.

 

  • 6. Controls and sanctions.

 

    • 6.1. Knowledge of the offences and breaches relating to non-compliance with the rules set out in Title I of Book III of the Consumer Code and their penalties.

 

    • 6.2. Internal controls and CRBF No. 97-02 on the control of credit institutions.

 

    • 6.3. The notion of essential or important service outsourced by the bank.
    • 6.4. Its consequences for the IOBSP.
    • 6.5. ACPR: competences, control, sanctions.
    • 6.6. DGCCRF: competences, control, sanctions.
    • 6.7. ORIAS: skills, control.

 

 

 

 

    • 6.8. Role of the advertising authority.

 

 

  • – Specialized modules

 

 

    • 1.1 consumer credit and cash credit (minimum duration: 14 hours)
    • The cash and consumer credit environment.
    • The main legislative texts (MURCEF law, Châtel law, Lagarde law).
    • The files, purposes and methods of consultation (FICP, FCC, FIBEN).
    • Advertising regulations.
    • The types of credit to individuals and their adaptation to the needs of the customer.

 

 

 

 

 

  • 1.2. Consumer credit.
    • 1.2.1. Financial characteristics of a consumer credit: the borrowing rate; the annual percentage rate of charge; the total cost of the credit; the duration of the credit; the total amount due by the borrower; the total amount of the credit; the amount, number and content of maturities; for leases with a purchase option, the amount of rent and the purchase price in the event of exercise of the option.
    • 1.2.2. Terms and conditions of credit guarantee and operating conditions of the guarantee.
    • 1.2.3. The associated costs.
    • 1.2.4. Knowledge, for the different forms of credit, of the rights and obligations of the borrower and the nonco-borrower spouse, at the time of the formation of the contract and during its performance.
  • 1.3. Knowledge and diligence to be performed to ensure that the borrower is properly informed.
    • 1.3.1. The explanations to be provided to the borrower to enable him to understand the content of the form mentioned in Article L. 311-6.
    • 1.3.2. Establishment of the form referred to in Article L. 311-10.
    • 1.3.3. The essential characteristics of the proposed credit.
    • 1.3.4. The consequences that credit can have on your financial situation, including in the event of non-payment.
    • 1.3.5. The submission of the credit agreement offer and the explanations to be provided.
  • 1.4. The preparation of a consumer credit file.
    • 1.4.1. The analysis of the file.
    • 1.4.2. List of information to be collected.
    • 1.4.3. List of documents required for the file.
  • 1.5. Detailed study of several files.
    • Knowing how to write a summary note.

 

 

 

 

 

  • 2. Module 2: Credit consolidation (minimum duration: 14 hours)

 

 

    • 2.1. The credit consolidation environment.

 

      • 2.1.1. Legislative reminder (Scrivener law, MURCEF law, Lagarde law).

 

      • 2.1.2. The various actors: credit institutions; notaries, bailiffs, social services.

 

    • 2.2. The grouping of credits.
      • 2.2.1. The purposes of a credit grouping.
      • 2.2.2. The different types of credit consolidation, including mortgage loan repurchase.
      • 2.2.3. Grouping typologies.
      • 2.2.4. The types of loans grouped together.
      • 2.2.5. The banking environment.
        • The specificities.
        • Requirements and control.
        • The transformation rate.
        • The comparators.
    • 2.3. Knowledge and diligence to be performed to ensure that the candidate for the merger is well informed.
      • 2.3.1. Explanations to be provided.
      • 2.3.2. The conditions of implementation and their conformity with the client’s interest.
    • 2.4. The grouping file.
      • 2.4.1. The analysis of the file.
      • 2.4.2. List of documents required to study the grouping.
        • The identity.
        • The contractual situation: marriage, PACS, joint ownership, divorce.
        • The collection of the necessary documents (salary slip, tax notice, receipts, etc.).
        • The control.
        • Account statements: exhaustive inventory, control.
        • The bank balance: functioning, notion of charge and exceptional resource.
        • Rapid assessment of the feasibility of a file with or without a guarantee.

 

 

 

 

 

    • 2.5. Detailed study of several files.

 

 

      • Know how to write a summary note.

 

 

  • 3. Module 3: Payment services (minimum duration: 14 hours)

 

 

    • 3.1. The payment services environment.

 

      • 3.1.1. The transposition of the Payment Services Directive.

 

      • 3.1.2 Impact of the SEPA Directive.

 

      • 3.1.3. The role of payment institutions and electronic money institutions.
    • 3.2. The different payment services.
      • 3.2.1. Payment by card.
      • 3.2.2. Withdrawal cards.
      • 3.2.3. Payment cards.
      • 3.2.4. Credit cards.
      • 3.2.5. Money transfer services.
      • 3.2.6. Other payment services.
      • 3.2.7. Management of payment methods.
    • 3.3. Customers’ rights in terms of payment services (order execution times, information, payment incidents, etc.).
      • 3.3.1. Knowledge and diligence to be performed to ensure that customers are well informed.
      • 3.3.2. The information to be provided for the correct execution of the order, on the execution times, costs, exchange rates, security measures, due diligence in the event of loss, theft or misappropriation of the payment instrument.
      • 3.3.3. The Payment Services Agreement: content.
    • 3.4. The preparation of a payment service file.
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      • 3.4.1. The analysis of the file.
      • 3.4.2. List of information to be collected and given.
      • 3.4.3. List of documents required for the file.
    • 3.5. Detailed study of several files.
      • Know how to write a summary note.

 

 

 

 

 

  • 4. Module n° 4: real estate credit (minimum duration: 14 hours [level 2 and European intermediaries] and 24 hours [level 1])

 

 

    • 4.1. The real estate lending environment.

 

      • 4.1.1. Legislative reminders (Scrivener law, Châtel law, MURCEF law, SRU law).

 

      • 4.1.2. Credit institutions.

 

    • 4.2. Stakeholders and the market.
      • 4.2.1 Notaries.
      • 4.2.2. Real estate agents.
      • 4.2.3. The promoters.
      • 4.2.4. The developers.
      • 4.2.5. The builders.
      • 4.2.6. Financial investment advisors.
      • 4.2.7. Wealth management advisors.
      • 4.2.8. The IOBSPs.
      • 4.2.8. The organization and functioning of land registration
    • 4.3. Home loans.
      • 4.3.1. Financial characteristics of a mortgage loan: the annual percentage rate of charge; the total cost of the loan; the duration of the loan; the rate sets the variable rate, the capped rates; the amount, number and content of maturities.
      • 4.3.2. Terms and conditions of credit guarantee and operating conditions of the guarantee.
      • 4.3.3. The AERAS mechanism in the event of an increased health risk.
      • 4.3.4. Knowledge of the rights and obligations of the borrower and the non co-borrower spouse, as soon as the contract is formed and during its execution.
      • 4.3.5. The main real estate loans.
        • Conventional loans and banking features.
        • Loans to finance the sale in a future state of completion.
        • Control of CCMI funding.
        • The relay.
        • In fine.
        • Credit renegotiation.
        • The lifetime mortgage loan.
        • Assisted loans: the principle of priority proposal of an assisted loan in case of eligibility of the candidate for the loan.
        • PAS and PC approved loans.
        • The zero interest loan.
        • The eco-loan at zero interest.
        • The PEL-CEL.
        • The Employer Participation in Construction Effort Loan (ECP)
      • 4.3.6. Rental investment schemes. (e. g. Scellier law, Borloo law, LMP and LMNP devices. Malraux Law. SCPIs, etc.)
    • 4.4. Knowledge and diligence to be performed as well as the explanations to be provided to ensure that the borrower is properly informed.
      • 4.4.1. Candidates’ ability to borrow and repay (general concepts on creditworthiness assessment).
      • 4.4.2. Explanations to be provided to the borrower.
        • Adequate explanations.
        • Borrower’s warning.
      • 4.4.3. The standardised information sheet.
      • 4.4.4. Submission of the loan offer and the explanations to be provided.
    • 4.5. The constitution of the real estate loan file.
      • 4.5.1. The warrant.
      • 4.5.2. Definition of the purpose of the loan and the real estate project.
      • 4.5.3. List of information to be collected and documents required for the file.
      • 4.5.4. Adapting the proposed credit to the customer’s needs: motivation.
      • 4.5.5. Conditions of the acquisition.
        • The acquisition mode.
        • The amount of the acquisition.
        • The amount of the contribution.
      • 4.5.6. Characteristics of the borrower.
        • The matrimonial environment.
        • The heritage environment.
        • Borrowing capacity.
        • The documents to be provided.
      • 4.5.7. The presentation of the loan offer.
        • Scheduling the file.
        • Summary note.
      • 4.5.8. Loan offer management.
    • 4.6. Detailed study of several files.
      • Know how to write a summary note.

 

 

 

 

 

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