Banking and securities law
Banking secrecy and safes: access by the authorities and reporting obligations
By Raphaël MORENON12 August 2025Renting 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 assets or important documents from prying eyes. This perception is based on a long tradition of banking secrecy, which is one of the cornerstones of trust between customers and their financial institution. Yet this confidentiality, while fundamental, is not absolute. The legal and regulatory framework has evolved considerably, seeking a balance between the protection of privacy and the imperatives of the fight against fraud, money laundering and terrorism. Understanding the real contours of this secrecy is therefore essential for any safe-deposit box holder. In order to understand the basics of the bank safe deposit box contract, it is necessary to analyse the scope and limits of the...
Bearer notes: operation and rules of a discreet payment instrument
Banking and securities lawIn the landscape of financial instruments and means of payment, some tools, although less common today, retain a legal existence of their own. Alongside the well-known cheques, transfers and bills of exchange, the bearer note is a curiosity. Its apparent simplicity, however, conceals a legal regime...Lost, stolen, forged or unpaid cheques: what can you do?
Cheques, Credit and consumer lawWhilst cheques remain a practical means of payment, they are not without risk. In addition to the well-known problem of bounced cheques, other incidents can occur: loss, theft, forgery, etc. What should you do if you find yourself in one of these situations? What if, quite simply, the cheque...2025 panorama of banking law: key points to remember from case law and new obligations
Banking and securities lawDiscover the 5 major challenges facing banking law in 2025: the duty to warn, APR, seizures, LCB-FT compliance and digital banking.Paying and being paid by cheque: what the law says
Cheques, Credit and consumer lawUsing a cheque to pay for a purchase or receive a payment seems to be part of everyday life. However, behind this apparent simplicity lie precise legal rules. Can you refuse payment by cheque? What does "handing over" a cheque really mean? What are the obligations of...NSF cheques: understanding bank bans and their consequences
Cheques, Credit and consumer lawThe "wooden cheque". The expression alone is enough to cause concern. Writing a cheque without the necessary funds in your bank account is not a trivial act under French law. Far from being a simple oversight, it triggers a strict process known as a "bank ban", the consequences of which are...Understanding how cheques are issued in France: the basics
Cheques, Credit and consumer lawDespite the proliferation of electronic means of payment, cheques still play a significant role in everyday transactions in France. However, although cheques may seem simple to handle, they are subject to precise legal rules, and failure to understand them can lead to difficulties and even disputes. For a broader understanding of the rules...COVID-19 and banking law: exceptional measures for companies
Banking and securities lawThe COVID-19 health crisis shook up our economy in 2020. The legislator had to intervene urgently to prevent the collapse of many businesses. An unprecedented legal arsenal was deployed, temporarily modifying certain aspects of banking law. The provisions of the amended Finance Act of 23 March 2020...The new players in financing: beyond the traditional banks
Banking and securities lawThe financial landscape is changing. Traditional banking institutions are no longer the only ones offering financing solutions for businesses and individuals. New players are emerging, authorised by recent legislative changes to offer services previously reserved for banks. Electronic money institutions These entities...The separation of banking activities: when banks must compartmentalise their risks
Banking and securities lawThe 2008 financial crisis revealed the dangers of an insufficiently compartmentalised banking system. Banks' speculative activities put depositors' savings at risk. To avoid a repeat of this scenario, France has adopted a binding legal framework. The law on the separation and regulation of financial...Payment services: the renewed legal framework
Banking and securities lawThe world of payments has undergone a silent revolution in recent years. From cheques to bankcards, then to mobile applications and contactless payment, the methods for paying for our purchases have diversified at breakneck speed. This development has been accompanied by a constantly changing legal framework. The...The 3-month Euribor and your loan: understanding its impact and your rights
Banking and securities lawThere's a term that's often used in contracts for variable-rate (var.) property or business financing: 3-month Euribor. This financial indicator, which reflects the short-term cost of money between banks in the eurozone, has a direct impact on your repayments. Its fluctuation, especially when there are marked variations in...Banks' obligations towards their customers: account agreement and mediation
Banking and securities lawThe relationship between a bank and its customer is not left to chance. The legislator has put in place a strict legal framework to govern banking practices. Knowing these rules means you can better defend your rights and avoid abuses. The deposit account agreement The deposit account...Prudential rules and banking supervision: understanding the control mechanisms
Banking and securities lawThe 2008 financial crisis revealed major flaws in banking supervision. Regulators have since strengthened the regulatory framework. These constraints make the system safer, but they also make life considerably more complex for banks. Why supervise banks? Banks occupy a unique position. They manage the public's savings...How do you deal with a credit institution in difficulty?
Banking and securities lawThe failure of a banking institution represents a major risk for its customers. Whether you are an individual with a single current account or a business managing several lines of credit, the consequences can be severe. This article explores the mechanisms for preventing and dealing with banking difficulties, as well as...Banking secrecy: myth or legal reality?
Banking and securities lawBanking secrecy, the historic pillar of the bank-client relationship, is gradually being eroded. Once virtually absolute, it is now giving way to other imperatives such as tax transparency and the fight against money laundering. Between the protection of personal data and the demands of regulation, where does banking secrecy really stand in...Becoming a credit institution: banking authorisation explained
Banking and securities lawThe banking industry, a fundamental pillar of our modern economy, is subject to strict regulation. This regulation is justified by the need to protect depositors and ensure the stability of the financial system. Why is a licence necessary? Banking authorisation is the cornerstone of the control exercised over the financial sector.Depositing funds in a bank: understanding the legal issues
Bank account, Banking and stock market lawMoney deposited in a bank account is subject to legal rules that are often little understood. However, this common relationship between banker and customer conceals complex mechanisms that can affect your rights in the event of a dispute. What is a bank deposit? A bank deposit is a transaction whereby a person...The banking monopoly in France: who can carry out banking activities?
Banking and securities lawIn the French financial world, not all activities are open to all players. The legal system puts in place strict safeguards to protect the public and financial stability. The banking monopoly is one of the pillars of this protective architecture. Supervision of banking activities The legislator...Bank accounts: opening, operation and legal particularities
Bank account, Banking and stock market lawModern life demands a bank account. Its absence complicates payments, income collection and social integration. Yet the legal aspects of the right to a bank account are often poorly understood by the general public. The right to an account: a mechanism for banking inclusion The legislator has created a "right to an account" to combat banking exclusion. The article...Conflicts of interest in the banking sector: prevention and management
Conflicts of interest, Banking and securities lawBanking institutions often wear many hats: lender, shareholder, securities distributor, advisor, etc. This inherent versatility creates fertile ground for the emergence of conflicts of interest. High-profile cases such as the Enron scandal in the United States and the LVMH v Morgan Stanley dispute in France are painful reminders of this.
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