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Analyses, feedback and legal news on banking law, credit law and enforcement.
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Banking secrecy and tax authorities: your rights and their limits
Your bank is bound to secrecy about your financial information, but there are many legal exceptions to this principle for the benefit of the tax authorities. The tax authorities have extensive powers to access your bank details, governed by precise procedures. This article looks at what your bank can disclose, under what conditions, and how to defend yourself.
The Single Resolution Mechanism (SRM): operation and role of the CRU and FRU
A systemic bank fails: who decides, who pays, and how can the taxpayer be prevented from bearing the losses? The Single Resolution Mechanism, organised around the CRU and the FRU, answers these questions. Understanding its architecture has become essential for any economic player exposed to banking risk in Europe.
Banking resolution and banking union: bail-in, deposit guarantees and savers' rights
When a bank falters, it is not ordinary bankruptcy law that applies but a special regime: banking resolution. This system, managed in Europe by the Single Resolution Mechanism, enables an ailing institution to be restructured without jeopardising deposits or calling on public funds. By understanding how it works, you can assess what is really protecting your savings.
ACPRACPR: Status, organisation and international cooperation explained
The ACPR is the authority that issues banking and insurance licences in France, imposes disciplinary sanctions and coordinates prudential supervision with its European counterparts. Industry professionals are often unfamiliar with the ACPR's internal organisation and powers, even though these structure all relations with the regulator.
ACPRThe ACPR's powers and sanctions: What you need to know
The ACPR can withdraw authorisations, impose financial penalties and initiate resolution measures: its powers have a direct impact on the banking and insurance institutions it supervises. This article details the full extent of its prerogatives, from prudential supervision to disciplinary sanctions.
The Single Supervisory Mechanism (SSM): role and operation explained
Is your institution subject to an ECB inspection or anticipating a sanction procedure under the Single Supervisory Mechanism? The ESM, the first pillar of the banking union, has given the ECB considerable supervisory powers over significant institutions since November 2014. Understanding the division of powers between Frankfurt and the national authorities is essential for preparing your defence.
Banking and finance lawUnderstanding the free movement of capital and payments in the EU
You make a transfer to an EU country or receive funds from a foreign investor: the free movement of capital guarantees that these transactions cannot be blocked without justification. This freedom, enshrined in Article 63 of the TFEU, applies both between Member States and with third countries. Here's what it means in practical terms.
FactoringDisputes between factor and third parties: analysis of legal solutions
A factor that has acquired a receivable may find itself competing with another creditor, a distrainor or the tax authorities for the same sums. The rule is clear: the first valid transfer prevails - but its practical application concentrates most of the litigation in factoring.
FactoringThe enforceability of exceptions in factoring: risks and protection
Factoring exposes the factor to a major legal risk: the enforceability of exceptions.
FactoringThe legal mechanisms of factoring: subrogation and cession Dailly
Your company uses factoring, but the choice between personal subrogation and cession Dailly is not without consequences. These two mechanisms for transferring receivables offer different levels of protection in the event of a dispute with the factor or the insolvency of the debtor. Here's an overview of the legal rules governing each arrangement and the points to watch out for.
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