TLDR: Under French law, you must primarily refer to Decree No. 2016-1683 of 5 December 2016 and Article 1649 AC of the CGI. The decree sets out the rules of the Common Reporting Standard, while Article 1649 AC governs the obligations of financial institutions and account holders. BOI-INT-AEA-20-20-10-20 comments on the applicable due diligence procedures and the collection of self-certification; it constitutes administrative guidance and not an autonomous legislative provision.
Decree No. 2016-1683 of 5 December 2016
This decree sets out the French rules and procedures relating to the automatic exchange of financial account information, referred to as the “Common Reporting Standard”. In this context, the financial institution collects a self-certification indicating the tax residence or residences and, where applicable, the required tax identification numbers (NIFs).
For the opening of a new financial account, Articles 46 and 53 of the decree provide that the individual or entity must provide the required information by means of a self-certification. Where an account holder is a passive non-financial entity, the information also concerns the individuals who control it.
Article 1649 AC of the CGI
Article 1649 AC, I, of the CGI requires financial institutions to carry out the necessary due diligence to identify accounts, payments and persons. In particular, they must collect information relating to the tax residences and, where applicable, the NIFs of account holders and the individuals who control them.
II of the same article sets out the obligations of account holders in their relationship with financial institutions. For a new account, these obligations include providing the requested information by means of a self-certification, in accordance with the procedures laid down by the decree.
The role of BOI-INT-AEA-20-20-10-20
BOI-INT-AEA-20-20-10-20 specifies the due diligence that the financial institution must carry out to collect and assess documents, including the self-certification. It states in particular that this may be provided in paper or electronic form, provided that the institution can unambiguously identify the account holder and retain a record allowing its confirmation.
The BOI also specifies that the self-certification must make it possible to identify all relevant tax residences and must remain consistent with the information held by the financial institution. These indications explain the practical application of the decree and Article 1649 AC; they do not replace those texts.
Relationship with the CRS
The CRS constitutes the international framework of reference for the Common Reporting Standard. However, the elements expressly established in the sources examined are the French texts implementing this framework: Decree No. 2016-1683 and Article 1649 AC of the CGI.
You can therefore retain the following hierarchy: Article 1649 AC provides the legal basis for the obligations, the decree specifies the rules and procedures, and BOI-INT-AEA-20-20-10-20 comments on their administrative application.