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Analyses, feedback and legal news on banking law, credit law and enforcement.
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Banker's recourse for unpaid discounted bills: focus on reversal
A discounted bill of exchange is returned unpaid on the due date: your bank reverses the entry and debits your account. This action, which is common in banking practice, involves precise legal rules over which the remitting companies have little-known rights. Understanding reversal means knowing how to negotiate from an informed position.
DiscountBills of exchange and cheques: which securities can be discounted by your bank?
Your company raises receivables from its bank, but not all securities are accepted for discounting. The nature of the instrument - bill of exchange, promissory note, cheque - determines the guarantees offered to the bank and the risks you assume. Here's how to distinguish between eligible instruments and the rules of exchange law that apply to them.
The savings bond: a financing tool you need to know about
If you are looking to finance your cash flow without resorting to a traditional bank loan or share issue, the savings bond is a little-known alternative. Registered and non-negotiable since the 2016 reform, they represent a loan granted by a subscriber in exchange for repayment on a fixed date.
Credit insurance vs bond insurance: understanding the differences
Are you hesitating between credit insurance and surety insurance to secure your commercial transactions? These two mechanisms protect against the risk of non-payment, but their legal logic is radically different: one covers the creditor, the other commits the debtor.
The brokerage contract: understanding its role and how it works
You use a broker to find a buyer, an insurer or a loan: when is the broker's remuneration due, and what happens if the deal doesn't go through? There is no unified legal regime for brokerage contracts under French law - the essential rules are laid down by case law.
Lost, stolen, forged or unpaid cheques: what can you do?
A stolen cheque that is cashed, an undetected forgery, a bounced cheque: each situation gives rise to different responsibilities. Recourse depends on how quickly you react and the steps you take with your bank. This guide sets out the protection mechanisms and recovery methods available.
Digital assets: legal challenges and practical solutions
You own crypto-assets or tokens and are wondering about their legal and tax regime or how they should be treated in the event of a dispute: the framework has become considerably more structured since 2019. French law and the European MiCA regulation now offer answers on the qualification, taxation of disposals and enforcement remedies applicable to these intangible assets. This overview presents the main points.
NSF cheques: understanding bank bans and their consequences
A cheque rejected for insufficient funds triggers an automatic banking ban, reported to the Banque de France. This measure deprives you of the right to write cheques and can last up to five years. Knowing the steps involved in regularising your situation is the only way to get out of it quickly.
Understanding how cheques are issued in France: the basics
Your bank refuses to pay a cheque, or you wonder whether you can stop payment once you have handed it in. The legal regime governing cheques, codified in articles L. 131-1 et seq. of the French Monetary and Financial Code, contains some little-known rules with serious consequences. This guide covers the essentials: issuing cheques, the bank's obligations and stop payment.
Banking and finance lawBanks' obligations towards their customers: account agreement and mediation
Your bank has changed its charges without notifying you, or you are disputing the closure of your account: the legal obligations of credit institutions towards their customers are extensive and often unknown. From the mandatory content of the account agreement to the amicable remedies available, this framework gives you the means to assert your rights.
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