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Analyses, feedback and legal news on banking law, credit law and enforcement.
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Remuneration of IOBSPs and TEG/TAEG: the financial and legal issues for borrowers
The remuneration of your credit broker or agent is not neutral: it forms part of the total cost of credit and may be included in the APR. If it is not properly regulated, it undermines the entire loan agreement and gives you the right to challenge it.
Banking and finance lawBanking and payment services intermediaries (IOBSP): a comprehensive guide to their legal obligations and case law
Your credit broker has presented you with only one offer, has not informed you of his remuneration, or his charges have exceeded the usury rate: these failings make him liable. Bank transaction intermediaries (IOBSP) are subject to strict obligations to provide information and advice and to register with ORIAS, which have been sanctioned by case law. This guide explains their legal duties and the remedies available to you.
Banking and finance lawAppealing AMF sanctions: understanding judicial review and appeal procedures
The AMF has just imposed a penalty on you: you have specific rights of appeal before the courts, within strict deadlines that must not be allowed to expire. Since the 2010 reform, these decisions are reviewed by the Paris Court of Appeal, which has the power to annul or reverse them. Understanding the structure of this judicial review is the key to building an effective appeal strategy.
Banking and finance lawAMF sanction procedure: deciphering the key stages for professionals
If the AMF opens an investigation against you, it could do more than just impose a fine: it could terminate your authorisation and do lasting damage to your reputation. Here we explain the key stages, your rights of defence and the remedies available.
Banking and finance lawAMF sanctions: distinction and scope of administrative and disciplinary powers
The AMF does more than simply supervise financial markets: it also imposes sanctions. The AMF's sanctioning powers are divided into two distinct branches - administrative and disciplinary - with different scope and procedures depending on the status of the person concerned. Understanding this distinction is essential for any market professional who is the subject of an investigation or an inspection.
Banking and finance lawThe AMF's sanctioning powers: a comprehensive guide for financial market participants
The AMF has just opened an investigation or issued a statement of objections: what sanctions could you face, under what procedure and with what guarantees of defence? The AMF's sanctioning powers are both administrative and disciplinary, and the quality of your defence depends on how well you handle them.
Banking and finance lawThe legal framework for bank transfers: the customer's rights and the bank's obligations
Bank transfers are ubiquitous, but their legal framework remains poorly understood: at what point does the order become irrevocable, what happens in the event of fraud, what obligations does your bank have? The French Monetary and Financial Code and European directives set out a precise regime, and ignoring it can be costly.
Banking and finance lawBlocking and disputing a bank transfer: what legal steps should be taken?
A transfer has been debited from your account without your consent, or the amount does not correspond to what you authorised. Objections and disputes are two separate procedures, subject to strict deadlines and different legal regimes. Acting quickly and correctly is the only way to get your money back from your bank.
Banking and finance lawSharing banking secrecy without client consent: the 7 legal exceptions
Your bank has disclosed information about you without telling you, and you don't know whether this is legal. Banking secrecy, as set out in article L. 511-33 of the French Monetary and Financial Code, is subject to specific exceptions for public authorities, tax authorities and criminal courts. Knowing these exceptions allows you to determine when the bank was entitled to act, and when you can challenge it.
Banking and finance lawBank-client conflict of interest: identifying and managing the risks
Your bank advises you on a product but has a vested interest in the transaction: this is a conflict of interest, and the bank may be held liable. The law imposes a duty of loyalty on all banks towards their customers, and any breach of this duty gives rise to a right to compensation.
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