Banking and securities law
Bankcard fraud: gross negligence and strong authentication, the keys to liability
By Raphaël MORENON13 August 2025Bankcards have become an indispensable part of our daily lives, facilitating the majority of our transactions. However, with this ease of use comes a growing risk of fraud. When an unauthorised transaction appears on your bank statement, a key question arises: who is responsible? While the law protects the cardholder in principle, this protection is not absolute. The bank can refuse to reimburse the sums stolen on the grounds of gross negligence on your part. This article, which follows on from our legal guide to payment cards and our analysis of the general system of liability for fraud, details the key concepts of negligence and strong authentication, which determine the outcome of many disputes. Understanding these concepts is essential if you are to defend your rights effectively, and our firm has a recognised practice in bank fraud litigation. The framework...
Legal regime for payment cards: developments and challenges (PSD1, PSD2, PSR1)
Banking and securities lawThe payment card, once a simple withdrawal and payment tool, has become a central instrument in our economy. Its legal regime, initially fragmented and based on ordinary contract law, has undergone profound changes under the impetus of European Union law. These changes have resulted in...FIA professional associations: role, authorisation and AMF supervision
Banking and securities lawThe status of financial investment adviser (FIA) is one of the cornerstones of investor protection in France. Far from being a simple individual title, it forms part of a dense regulatory ecosystem overseen by the Autorité des marchés financiers (AMF). At the heart of this system are the professional associations, the...Lawyer and financial investment adviser (FIA): compatibility and limits
Banking and securities lawAs a privileged confidant at key moments in our personal and professional lives, lawyers are often confronted with questions that go beyond the strictly legal framework to touch on finance and wealth. The dividing line between legal advice and investment recommendations may seem a fine one. The aim is to provide a framework for the latter...Access to financial investment adviser (FIA) status: conditions and procedure
Banking and securities lawThe status of financial investment adviser (FIA) is a regulated profession, access to which and the exercise of which are subject to strict conditions defined by the Monetary and Financial Code. The main purpose of these regulations is to ensure the protection of investors and the stability of the financial system. To become an FIA, you must...Financial investment adviser (FIA): full legal guide to status and obligations
Banking and securities lawThe financial investment adviser (FIA) is a key player for many savers and investors. Their role, governed by strict regulations, is to provide personalised advice to guide financial decisions that are often complex and involving. A detailed understanding of the status of the FIA, his duties and, above all, his obligations...Banking secrecy and safes: access by the authorities and reporting obligations
Banking and securities lawRenting a safe deposit box from a bank is often seen as the ultimate in discretion and security. For many individuals and businesses, it is a private, almost inviolable space, designed to protect valuable possessions or important documents from prying eyes. This perception is...Seizure, disinheritance and inheritance of bank safes: procedures and legal regime
Banking and securities lawThe bank safe is often perceived as an inviolable sanctuary for precious assets. However, this image of an impregnable fortress comes up against a complex legal reality. Far from being a place beyond reach, the safe is subject to strict legal procedures that can lead to it being opened by force, whether...Banker's liability for the safe-deposit box: obligations, proof and grounds for exemption
Banking and securities lawRenting a safe deposit box from a bank is often seen as the ultimate in security for your most precious possessions. This confidence is based on the image of solidity and inviolability projected by banking establishments. However, in the event of a claim, a theft or simply an inability to access your...Bank safe deposit box contract: complete legal guide (nature, formation, rights and obligations)
Banking and securities lawThe bank safe deposit box is often perceived as an absolute security solution for the most valuable assets. While this image is partly justified, the contractual relationship between the customer and his bank is much more complex than simply renting a secure space. It is a specific service, governed...Portfolio management company and securitisation custodian: status, duties and legal responsibilities
Banking and securities lawWhen setting up a securitisation transaction, a robust legal framework and clear roles are essential to secure the investment and guarantee market confidence. This powerful financial mechanism relies on the coordinated involvement of players with well-defined and strictly regulated functions. These include the company...Securitisation company and securitisation mutual fund: comparative legal regimes and specific features
Banking and securities lawSecuritisation is a sophisticated financing mechanism that transforms illiquid assets into tradable financial securities. At the heart of this operation is a legal entity, the securitisation undertaking, whose choice of form is not insignificant. Under French law, there are two types of structure: the...Types of risk exposure of securitisation vehicles: typology and legal regime
Banking and securities lawSecuritisation is a sophisticated financing mechanism that transforms illiquid assets into financial securities that can be traded on the markets. At the heart of this financial engineering is the securitisation vehicle (SPV), a dedicated structure whose role is not limited to simply buying receivables....Legislative developments in securitisation in France: a detailed history of reforms
Banking and securities lawFew financial mechanisms are as markedly dual as securitisation. A powerful financing tool for companies, securitisation has also become synonymous with the 2008 financial crisis. This complex reputation masks a rich legal reality and a constantly evolving body of French law...Vouchers: the complete legal guide to their nature, system and use
Banking and securities lawAlthough they are sometimes overlooked by entrepreneurs as a financing instrument, savings bonds are a highly flexible legal tool for cash management. Its rules, which have been thoroughly modernised over the last decade, have clarified its nature and conditions of use, making it an attractive alternative to financing...Card acceptance contract: issuer-supplier relations and obligations
Banking and securities lawPayment by bankcard has become so commonplace for retailers that it is almost invisible. Yet behind every transaction lies a precise contractual framework: the acceptance contract. This document, which binds the supplier to the card issuer, governs all their relations, from the moment the...Card payments: issuance, irrevocability and merchant obligations
Banking and securities lawPaying by bankcard has become an everyday gesture, a mechanism so well oiled that we forget the underlying legal complexity. Yet every transaction, whether carried out in a local shop or on the internet, is an act that involves several parties and is governed by precise rules. This act,...Bank card fraud: liability and criminal penalties
Banking and securities lawBankcards have become the preferred means of payment in France, but their popularity has been accompanied by increased exposure to the risk of fraud. Faced with this reality, the legislator has put in place a precise legal framework to share out the responsibilities between the cardholder, his bank and the credit card companies....Contractual relationship between card issuer and cardholder: rights and obligations
Banking and securities lawThe payment card has become an everyday tool, a reflex for paying for purchases or withdrawing cash. Behind this trivial gesture, however, lies an often dense and technical contract between the user and his bank. This document, known as the bearer contract, is not a simple form. It is...Payment cards: the complete legal guide to French banking law
Banking and securities lawThe payment card has become an essential tool in economic life, simplifying day-to-day transactions for individuals and businesses alike. Behind its ease of use, however, lies a dense legal framework that defines the rights and obligations of each player: the cardholder, the card issuer and the...Banking and financial canvassing: legal framework and obligations
Banking and securities lawCanvassing for banking and financial services is a commercial practice governed by a strict set of rules designed to protect savers and borrowers. Often perceived as intrusive, this sales method is nevertheless legal if it complies with a set of precise obligations. Our firm has observed that many disputes arise from a lack of understanding of...
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