Brokerage
Digital assets and NFT: are they miscellaneous assets? Regulatory issues
By Charlotte GAUCHON18 June 2025The emergence of cryptocurrencies and NFTs has shaken up the investment landscape, creating new opportunities but also a real legal headache. These new types of assets are struggling to find their place in regulatory frameworks designed long before their existence. One question is particularly acute: can they be classified as "miscellaneous assets"? Far from being anecdotal, this classification would have major consequences for issuers, platforms and investors. The issue arises in a complex regulatory context, in which the Autorité des marchés financiers (AMF) is seeking to protect investors. To fully grasp the issues involved, it is useful to understand how intermediaries in various goods operate as a whole and the AMF regulations that apply to them. The difficult legal classification of digital assets The law often struggles to keep pace with technological innovation. Because of their decentralised and intangible nature, digital assets fall outside traditional legal categories. The...
Penalties applicable to intermediaries and financial investment advisers
Brokerage, Banking and securities lawThe atypical nature of the property investment sector attracts many savers looking for a return. However, this world is strictly regulated to protect investors. Intermediaries in miscellaneous goods (IBDs) and financial investment advisers (CIFs) operating in this market are subject to strict regulations....Financial investment adviser (FIA) and miscellaneous assets: legal framework and responsibilities
Brokerage, Banking and securities lawThe Financial Investment Adviser (FIA) is a key player in wealth management and investment advice. Their role is not confined to traditional financial instruments; it also extends to advising on transactions in miscellaneous assets, those atypical investments (wine, works of art, containers, etc.) whose value can be...Intermediaries in various goods: standard or simplified regime and detailed obligations
Brokerage, Banking and securities lawInvestments in atypical assets such as wine, works of art or manuscripts are attracting a growing number of savers and entrepreneurs. However, the legal framework surrounding these transactions is dense and often misunderstood. Intermediaries in various goods (IBDs), the key players in this market, are subject to strict regulations...Miscellaneous property: definition, scope and transactions subject to regulation
Brokerage, Banking and securities lawThe world of so-called "atypical" investments, such as wine, works of art, manuscripts or even diamonds, attracts many investors with its often high promised returns. However, this attraction can mask significant risks, especially in the absence of a clear protective framework. To address this issue, the law...Miscellaneous goods intermediaries: the complete guide to AMF regulations
Brokerage, Banking and securities lawAtypical investments, ranging from wine to works of art to containers, represent a complex and often opaque investment universe for the uninitiated. At the heart of this ecosystem is the intermediary in miscellaneous goods (IBD), a player whose activity is strictly regulated by the Autorité des marchés financiers...Refusal of a mortgage loan: the essential role of the broker and the evidence required for the suspensive condition
Brokerage, Banking and securities lawObtaining a mortgage is often the last and most stressful stage in the process of bringing a life project to fruition. A bank's refusal may seem like an abrupt halt, but when it comes to buying a property, the legal consequences depend very much on the way in which the search for...Duty to warn and solvency analysis for IOBSPs: deciphering a legal controversy
Brokerage, Banking and securities lawThe intermediary in banking and payment services (IOBSP), more commonly known as a broker, plays a central role in the search for finance for many individuals and businesses. Yet the precise scope of their legal obligations remains a source of legal debate and uncertainty. At the heart of this controversy...Credit brokers' duty to advise (COBSP): scope, limits and penalties in the event of breach
Brokerage, Banking and securities lawWhen a private individual or company director contacts a credit broker, he or she expects much more than simply to be put in touch with a bank. They are looking for expertise, support and, above all, sound advice to help them obtain the best possible financing terms. This expectation is governed by...IOBSPs: what are their obligations to inform and gather information from their customers?
Brokerage, Banking and securities lawIntermediaries in banking and payment services, better known by their acronym IOBSP, are key players in the financial landscape for many individuals and businesses. Whether they are mortgage brokers or agents, their role is to help you find the right mortgage solutions.Remuneration of IOBSPs and TEG/TAEG: the financial and legal issues for borrowers
Brokerage, Banking and securities lawThe remuneration of a banking and payment services intermediary (IOBSP), whether a broker or agent, is a key issue for any borrower. Far from being a mere technical detail, it has a direct influence on the total cost of credit and can become a source of dispute. The complexity...Banking and payment services intermediaries (IOBSP): a comprehensive guide to their legal obligations and case law
Brokerage, Banking and securities lawIndividuals and businesses wishing to obtain credit or optimise their banking services often turn to an intermediary in banking and payment services (IOBSP). Whether acting as a broker or agent, this professional facilitates the relationship between you and the financial institutions...
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