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Analyses, feedback and legal news on banking law, credit law and enforcement.
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Conclusion and validity of a finance lease: points to watch out for
Is your finance lease contract valid? The courts regularly annul contracts on the grounds of lack of consent or failure to comply with consumer protection rules. Knowing the conditions of validity means securing your commitment from the moment you sign.
Financial leasing: definition and differences from financial leasing
You're looking to finance professional equipment without buying it, but leasing isn't for you. Financial leasing offers an alternative: immediate use of the asset, tax-deductible rental payments, with no purchase option at the end of the contract.
Loan insurance: legal analysis of a complex package
Your bank requires you to take out insurance before granting you a mortgage: you are faced with borrower's insurance, a legally distinct instrument from the loan itself. It is governed by specific rules - delegation, cancellation, equivalent level of cover - which determine your actual protection.
International buyer credit - mechanisms and legal structure
Financing a major export without burdening your balance sheet or carrying the risk of the foreign buyer alone is the central issue in buyer credit. This triangular arrangement, in which a bank makes a direct commitment to the buyer, redistributes the roles of exporter, banker and borrower in a way that should be understood before negotiating the financing structure.
Understanding supplier credit: pre-financing and mobilisation
You are exporting and need to finance production or inventory well before you receive payment from your foreign customer: the banking system offers two categories of tools, pre-financing and receivables financing, the use of which depends on the stage of the transaction. Understanding these mechanisms will enable you to negotiate the right credit lines and reduce your exposure to foreign exchange risk.
The accounting and tax treatment of property leasing: practical issues
You finance your business premises through a property lease: legally, it's a lease, but economically it's a loan. This duality gives rise to its own accounting and tax treatment, with special provisions, financial depreciation and restatement of the purchase option at the end of the contract.
Obligations and responsibilities in property leasing
In a property lease, the division of obligations between lessor and lessee deviates significantly from ordinary lease law. The lessor retains ownership of the property as security but transfers most of the risks associated with the building to the lessee, which often surprises the parties when they sign the agreement. Identifying these obligations avoids disputes during performance and when the option is exercised.
The fundamentals of property leasing: definition and essential mechanisms
Property leasing allows you to finance your business premises without using up your cash, but its hybrid legal system - part lease, part loan - can lead to surprises if you run into difficulties. It's essential to understand the essential mechanisms involved, from the formation of the contract to the exercise of the option, before committing yourself.
Usury under French law: definition, scope and rate calculation
Your bank has granted you credit at a rate that you think is excessive: the law sets a ceiling above which any loan is considered usurious, with criminal and civil penalties. Legal definition, calculation of the overall effective rate, categories of credit concerned: what you need to know to identify and dispute an abusive rate.
Equipment leasing in the face of company difficulties (receivership and liquidation)
Your company is in receivership or liquidation and you are financing equipment through equipment leasing. The opening of insolvency proceedings does not automatically terminate the contract: any clause to the contrary is deemed unwritten. What happens to these assets depends on the choices made by the court-appointed administrator, and on a system that derogates from ordinary law, as detailed in this article.
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