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Analyses, feedback and legal news on banking law, credit law and enforcement.

629 articles published

Banking and finance law

Financial investment adviser (FIA): full legal guide to status and obligations

You entrust your savings to a financial investment adviser: their legal obligations are strict, and ignoring them can cost you dearly. FIA status, which has been regulated since the 2003 law and strengthened by MiFID II, defines precisely what you are entitled to expect from your adviser.

Banking and finance law

Seizure, disinheritance and inheritance of bank safes: procedures and legal regime

Your bank safe-deposit box is not beyond the reach of your creditors or the tax authorities in the event of inheritance or disinheritance. Compulsory opening procedures are subject to a strict regime, which can have serious consequences for the holder or his/her heirs.

Bank liability

Banker's liability for the safe-deposit box: obligations, proof and grounds for exemption

Your bank safe-deposit box has been emptied or you no longer have access to it - your bank may be held liable, even without any proven fault. The safe-deposit box contract imposes on the bank a reinforced obligation of result, but the burden of proving the contents remains with you. Here's how to establish the loss and what grounds for exoneration the bank may raise.

Banking and finance law

Bank safe deposit box contract: complete legal guide (nature, formation, rights and obligations)

A bank safe deposit box is neither a deposit nor a rental: it is a sui generis contract that case law has gradually shaped, with its own liability rules. In the event of the disappearance of goods, the conditions for compensation are strictly regulated and clauses limiting liability are very common. This guide explains your rights.

Banking and finance law

Vouchers: the complete legal guide to their nature, system and use

If you're looking for an alternative to traditional bank financing for your cash flow, the savings bond offers a degree of flexibility that few entrepreneurs are really aware of. Since the Ordinance of 2016, the system has been radically overhauled to enhance transparency and legal certainty. This guide provides an update on the nature of these vouchers, the conditions under which they can be issued and their tax implications.

Banking and finance law

Card payments: issuance, irrevocability and merchant obligations

Every card payment legally commits several parties - and both your bank and your merchant have specific obligations. Ignoring the principle of irrevocability or the issuing rules can lead to costly disputes. Here's what you need to know to understand your rights and take effective action.

Bank fraud

Payment cards: the complete legal guide to French banking law

Your bankcard has been used fraudulently, or you are disputing a transaction that you did not authorise. The French Monetary and Financial Code sets out who bears the loss and how quickly you must take action. This guide explains your rights and the remedies available under French banking law.

Banking and finance law

Banking and financial canvassing: legal framework and obligations

If you have been approached unsolicited by a direct seller of banking or financial services who has offered you a savings or credit product, you are entitled to enhanced protection. The law imposes strict formalities on the professional, together with a right of withdrawal, failure to observe which can render the contract null and void. Understanding these rules will enable you to assert your rights when faced with irregular canvassing.

Banking and finance law

International financial institutions: key players in global regulation and stability

A banking collapse in Singapore, a bond panic in London: in a matter of hours, contagion can reach any institution. The standards of the IMF, the BIS and the FSB - the Basel accords, the IOSCO principles - are being imposed on French banks and insurers through their transposition into European law.

Banking and finance law

Penalties for unlawful direct marketing of banking and financial services: civil and criminal liability

Canvassing without complying with the rules set out in the French Monetary and Financial Code is not simply a matter of formal irregularities: illegal canvassing of banks and financial institutions can result in cumulative civil, criminal and disciplinary penalties. The nullity of contracts concluded, the personal liability of the canvasser and criminal penalties constitute an arsenal that victims can take advantage of. This overview details each aspect.

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