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Credit institution law: definition, authorisation, prudential rules and liability
Obtaining or contesting the authorisation of a credit institution involves mastering a dense legal framework, between the Monetary and Financial Code and the European CRR regulation. Qualifying as a credit institution entails a banking monopoly, strict prudential ratios and ongoing supervision by the ACPR. This guide sets out the definition, licensing rules and liability regimes.
Commercial lawTransfer of digital assets free of charge: donations, legacies and precautions
You own cryptocurrencies or NFTs and would like to pass them on to your loved ones, either by gift during your lifetime or by bequest. The transfer of digital assets free of charge raises issues of legal status, technical feasibility and taxation that are not always resolved by ordinary inheritance law. Careful planning is needed to ensure that your heirs are not left with an inaccessible estate.
Banking and finance lawPenalties applicable to intermediaries and financial investment advisers
Have you entrusted your savings to an intermediary in various goods or a financial investment adviser and suspect a breach? The penalties provided for in the Monetary and Financial Code are severe: up to five years' imprisonment and disciplinary penalties imposed by the AMF.
Banking and finance lawMiscellaneous goods intermediaries: the complete guide to AMF regulations
If you offer investments in wines, works of art or precious metals to investors, you are probably subject to AMF regulations on intermediaries in various goods, and failure to comply could result in criminal penalties. These regulations, which are based on the Monetary and Financial Code, distinguish between normal and lighter rules depending on the structure of the offer. Here is a complete guide to the applicable rules.
Banking and finance lawSTS securitisation: simple, transparent and standardised for the European market
Do you invest in securitisation products and wonder about their real quality? Since 2017, the European STS Regulation has imposed strict criteria of simplicity, transparency and standardisation to distinguish sound securitisations from opaque arrangements. This label changes the rules of the game for investors and issuers.
Banking and finance lawRecovery of securitised receivables: issues and legal developments
Your receivables have been securitised and you no longer know who is entitled to claim payment from you: the issue of standing to sue for recovery is central to this type of arrangement. In principle, the seller retains collection authority, but the law provides for several alternative regimes that change this rule. Identifying the right contact person will determine the validity of any legal action taken against you.
Banking and finance lawAutonomous guarantees and counter-guarantees in international banking law: mastering autonomy and conflicts of law
An autonomous first demand guarantee is called in the context of an international contract: which law applies to the relationship between the guarantor and the beneficiary, and can another law govern the counter-guarantee? The multiplicity of players and legal connections makes these instruments particularly vulnerable to conflicts of law. We analyse the applicable rules and strategies for securing these commitments at the drafting stage.
Banking and finance lawPublic order and international public policy in banking law: analysis of mandatory provisions
Your international loan contract is governed by foreign law, but you live in France. French mandatory rules may apply despite this choice: certain provisions of the French Consumer Code apply to all contracts executed in France, regardless of the law chosen.
Banking and finance lawChoice of law in international banking law: principles and limits of party autonomy
You sign a banking contract with a foreign counterparty: which law will apply if a dispute arises? In international banking law, the choice of applicable law is a contractual freedom governed by the Rome I Regulation, with limits that can invalidate an agreement that has nevertheless been signed. This article explains the mechanisms involved in securing your cross-border transactions.
Banking and finance lawIOBSPs: what are their obligations to inform and gather information from their customers?
Has your credit broker provided you with all the information to which you are entitled? IOBSPs are obliged to identify themselves, to declare their financial links with lending institutions and to ascertain your requirements before taking any action. These obligations protect your consent.
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