The question needs to be asked. Indeed, you are not the only person who can consult your bank account. Other than your advisor, other people and organizations have the right to review your account statements. In the administration, we then speak of the right of communication. And there is also the national Ficoba file open to a number of people and organizations. But what is it really about? What information is disclosed and to whom exactly? Can your Pôle Emploi adviser and your former spouse have access to your bank account? We answer all your questions.
Who can consult my bank account among my entourage?
First, a bank account can be consulted at any time by its holder (therefore you) whether in an agency or online.
Next, your bank adviser can also consult your account statement to track your transactions. For example, if your account shows a debit balance, your advisor can call you to rectify the situation.
On the other hand, in case of bank power of attorney, the agent is authorized to consult your account. It must be a trusted person (family member, friend, doctor, etc.). If you would like someone close to you to consult your account statements, you must establish a power of attorney in writing. Specify in the document the powers held by this person on your accounts. Note that you have the right to appoint several proxies at the same time.
Finally, if you have a joint or joint account, the management is carried out by two people. Therefore, everyone is free to consult the account as they wish. For information, two people with or without family ties can open a joint account.
What about administrations with the right of communication?
We call the right of communication the possibility for certain administrations to take cognizance of confidential information relating to an individual via the person himself or a third party (company, other administration, etc.).
With the right of communication, professional secrecy does not represent an obstacle. And there is no need for a court order either.
Which organizations can use the communication right to consult my account?
Rest assured, not all organizations can view your bank account. Among those who have the authorization, there is the Tax with limitation and supervision by law, to establish or control the tax of a taxpayer. You can also count on credit, electronic money and payment establishments.
The Prudential Control and Resolution Authority (ACPR) as well as the Financial Markets Authority, Customs and Fraud Control can also consult your account statements.
Finally, be aware that the Caf can also use the right of communication in certain cases. Indeed, in the context of a check, this is a last resort, when the agent of the Family Allowance Fund was unable to obtain the information from the beneficiary.
To know : the persons concerned do not know that they have been the subject of an account consultation by an organization. They only learn of it in the event of proven fraud with a sanction.
What is Ficoba? And who can consult it?
Bank account file definition
Perhaps you have never heard of the Ficoba (bank account file). However, this national file lists all bank accounts opened in France, including postal checking accounts, savings accounts and securities accounts. Thus, each year, no less than 100 million account declarations are processed.
The Ficoba lists a certain amount of information, namely the type and number of the bank account, the bank, the date of opening, any modification and closure, the civil status of the holder. However, the balance as well as the transactions carried out are not accessible data.
The information is kept for the entire life of the account and even ten years after its closure. These are the banks that feed and update the file. And you cannot oppose the registration of your accounts in Ficoba.
Who has access to Ficoba?
Several organizations and people can access Ficoba. For example, the General Directorate of Public Finance, customs, fraud prevention, the Primary Health Insurance Fund, the Caf, pension funds, the judicial police, certain judges, bailiffs, the Banque de France , credit institutions…
Also note that individuals also have a right of access to the file. This only occurs in the context of an inheritance to verify that the deceased relative did not have a forgotten account.
You must then send your request in writing to the FBFV National Processing Center. Attach to your letter a copy of the death certificate, proof of your identity and a document attesting to your status as heir. Send your mail to the following address: FBFV National Processing Center – BP 31 – 77 421 Marne-la-Vallée Cedex 02.
Can Pôle Emploi consult my bank account?
A government amendment authorized Pôle Emploi to access your bank statements without going through a judge. Following the controversy that this decision triggered, this « right to communicate » issued to Pôle Emploi was removed a few days later.
Indeed, this amendment raised serious questions about respect for privacy. And the measure was also interpreted as a desire to stigmatize job seekers.
Divorce : can we consult the bank accounts of the ex-spouse?
During divorce proceedings, the property of the community must be equitably distributed according to the marriage or union contract established. It may happen that the spouse hides the existence of sums of money, a bank account…
To find a hidden bank account, you can call on a financial expertise firm authorized to interview banks. This solution, possible since 2012, thus makes it possible to identify any investment or bank account within French and European banks.
To verify the assets of your former spouse without his consent, your lawyer must make a request to the judge who will issue an order requiring the establishment of an expert report.