Lawyer - Banking and finance

Banking law, a complex area of law, governs all the activities of financial institutions and their relationships with their customers, whether individual consumers or companies engaged in commercial banking transactions.

The rules governing this sector are constantly evolving, influenced in particular by the case law of the Court of Cassation and European directives.

Understanding your rights and obligations is essential, whether you are an individual facing a dispute over a consumer loan, a mortgage or the management of your deposit, or a company seeking finance or making an acquisition.

Our team of lawyers, members of the Marseilles Bar, will put their experience and expertise in banking and finance law at your service to support and represent you.

Our role is to ensure that you have the best possible strategy for defending your clients and to guide you through the various stages, whether this involves an amicable solution or a banking dispute before the appropriate court. Do not hesitate to contact us.

Our response to your credit and guarantee issues

Credit transactions and guarantees, such as mortgages and sureties, are at the heart of many banking law relationships. They can also be a major source of conflict. A lawyer specialising in banking law can help you set up and challenge these mechanisms.

Loan disputes and analysis of contractual conditions

Are you having difficulty interpreting certain clauses in your mortgage or consumer credit agreement? Do you suspect an error in the calculation of the TEG (Taux Effectif Global) or do the conditions of your variable rate, for example indexed to the 3-month Euribor, seem opaque? Situations such as these can lead to an excessive cost of financing or an imbalance in your commitments with the credit institution.

A loan contract that is misunderstood or contains irregularities, such as an error in the period rate or the overall effective rate, can have serious financial consequences. It is possible to contest certain clauses or claim compensation if the bank has failed in its duty to provide information or advice.

Our law firm, with its wealth of experience in credit law, carries out an in-depth analysis of your loan agreements in order to identify any potential irregularities. We can help you assert your rights, whether in an amicable procedure or in the context of a banking dispute requiring legal representation, particularly when the financial institution's duty to warn has not been respected. The Consumer Code and the Monetary and Financial Code contain provisions designed to protect consumers.

Problems with guarantees and sureties

Acting as guarantor for a loan has far-reaching consequences. Sometimes this commitment, whether in the form of a guarantee or a pledge, is requested without all the implications being clearly explained by the bank's professional, or a guarantee is invoked in a way that you consider abusive. For the guarantor, the risk of financial loss can be considerable.

Our Marseille law firm advises and defends sureties. We examine the validity of surety undertakings and guarantees (such as a mortgage on a property) and help you to challenge their implementation if it proves to be irregular or disproportionate, whether the case falls under civil or commercial law.

Your bank's liability: identifying breaches and taking action

Credit institutions have specific obligations towards their customers. Failure to comply with these obligations may result in the banker being held liable and being entitled to compensation. A lawyer specialising in banking law will be able to identify such breaches.

Failure by the bank to meet its obligations (advice, information, vigilance)

Did your bank advise you to invest in a stock market or take out a loan that turned out to be unsuitable for your situation? Do you feel that you have been misled by incomplete or incorrect information when taking out a banking or insurance product? Or perhaps you feel that your bank has failed in its duty of care, for example by not preventing a fraudulent bank transaction on your account by card or transfer? Such failings can result in significant financial loss and moral prejudice.

Our law firm analyses the credit institution's obligations. We will help you build a solid case against the credit institution and do everything in our power to obtain fair compensation for the loss you have suffered. Each case is handled with the utmost care.

Management of disputes relating to financial engineering and complex products

Subscribing to structured financial products or financial engineering packages without a full understanding of the risks involved can lead to major disillusionment and even critical financial situations. These products, often touted for their potential returns, can be complex and exposed to risks that only informed professionals or specialists in banking law can fully grasp.

Our firm, with its expertise in banking and finance law, analyses these complex financial products. We defend clients harmed by inappropriate advice or a lack of transparency regarding these investments.

Protecting your accounts and payment transactions

The day-to-day management of your bank accounts (e.g. deposits) and the use of your means of payment are activities that can also give rise to difficulties or disputes.

Bank fraud and scams (phishing, spoofing)

No one is immune to bank fraud. The techniques used by fraudsters are becoming increasingly sophisticated: phishing, spoofing, hacking into bank details, etc. When you fall victim to such schemes, the loss of the misappropriated funds is often the first consequence, sometimes followed by a refusal to refund by your bank, which may claim negligence on your part. Recourse may be necessary.

Our law firm, which is a member of the Marseilles Bar, can help you challenge these fraudulent transactions. We will work with your bank to negotiate a solution and, if necessary, we will take the necessary legal action to obtain repayment of the sums fraudulently debited, which may be subject to criminal law.

Disputes relating to account management and means of payment

Closing an account that you consider abusive, excessive or unjustified bank charges, payment incidents such as cheque rejections or seizures on your accounts (debt recovery by a creditor) can quickly lead to major financial difficulties and deadlock.

These problems can go as far as inclusion in the Banque de France's payment incident files, with consequences for your ability to access other services in the banking system. An injunction to pay may also be an option.

Our firm advises you on your rights in relation to your bank account, in particular those arising from the Monetary and Financial Code and the Consumer Code. We can help you challenge abusive charges and measures, and help you regularise your situation in the event of incidents.

The challenges of banking secrecy

Banking secrecy is an essential principle, but there are limits and exceptions to it that are important to understand, particularly when a report is requested by an institution.

Understanding the scope and limits of banking secrecy

Do you wonder about the confidentiality of the information your bank holds about you? Do third parties or the authorities request banking information about you and you don't know what your rights and your bank's obligations are? Inappropriate communication of confidential data may harm your privacy or your professional interests.

Our law firm can advise you on the exact scope of banking secrecy and the conditions under which it can be lifted. We will assist you in the event of a contentious communication of information, in order to protect your rights and obtain compensation if any damage has been caused. Our team will be able to guide you.

When faced with a situation where an account has been frozen or fraud has been proven, a rapid and informed response is essential. Our firm can assess your situation and advise you on the first steps to take.