By Raphaël MORENON
11 June 2025
The 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 are two concepts usually reserved for lending institutions: the duty to warn and the duty to analyse the customer's solvency. Recent case law tends to impose these responsibilities on IOBSPs, often without a clear textual basis, creating a complex situation for intermediaries and their customers alike. This situation is part of the wider context of the general obligations of IOBSPs, the contours of which are constantly evolving. This article aims to decipher this controversy and its practical implications. The duty to warn: definition and application in the banking sector Before examining the disputed application of the duty to warn to IOBSPs, it is important to...
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