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Sale with right of repurchase: practical applications and risks of requalification
By Charlotte GAUCHON15 June 2025An ancient legal tool, the sale with right of redemption has surprising and sophisticated applications in today's financial world. Originally designed for real estate transactions, it has been rediscovered by the capital markets for its flexibility. This mechanism enables the temporary transfer of ownership of securities, offering solutions for financing, investment or asset management. However, its ambiguous nature, halfway between a definitive sale and a secured loan, exposes the parties to significant legal risks. For an in-depth understanding of the sale with right of repurchase, consult our comprehensive guide covering all aspects of the transaction. The various uses of sale with right of repurchase in financial practice Although its use has declined in favour of more standardised instruments such as repurchase agreements, sale with right of repurchase remains relevant for specific transactions where its unique structure provides a suitable solution. Sale with right of repurchase as an investment or...
Tax optimisation of sale with right of repurchase: understanding the system and its specific features
Banking and stock exchange law, repurchase agreementsSale with right of redemption is an old legal mechanism, but its subtlety offers financial and asset structuring possibilities that are still relevant today. However, its handling requires a precise knowledge of its tax implications, which can be complex. Far from being a simple, temporary transfer of ownership, this transaction is...The legal regime of the sale with right of repurchase: conditions of validity and detailed effects
Banking and stock exchange law, repurchase agreementsThe sale with right of repurchase of financial securities is an old legal mechanism, provided for in the Civil Code, which offers remarkable flexibility for financing or portfolio management transactions. It is a contract of sale with a specific clause: the seller reserves the right to take back the securities...The legal nature of sale with right of repurchase: definition and essential distinctions
Banking and stock exchange law, repurchase agreementsSale with right of redemption is an ancient legal mechanism, often misunderstood, which offers remarkable flexibility for certain asset or financial transactions. Although it has been governed by the Civil Code for more than two centuries, its exact nature and implications are often the subject of confusion, although it is clearly distinguishable...Sale with right of redemption: a legal and practical guide for professionals
Banking and stock exchange law, repurchase agreementsSale with right of redemption (vente à réméré) is an ancient legal mechanism, often unfamiliar to the uninitiated, which enables the temporary transfer of ownership of an asset while retaining the possibility of buying it back. Although provided for in the French Civil Code, its application in the business world, particularly for financial securities, raises a number of...
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