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Analyses, feedback and legal news on banking law, credit law and enforcement.
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Equipment leasing: lessor's guarantees and end of contract
Your lessor retains ownership of the equipment until the end of the contract - not an insignificant clause. This ownership gives it extensive rights in the event of default, particularly in the event of insolvency proceedings. Understanding these guarantees will enable you to anticipate the risks and negotiate the terms and conditions at the end of the contract.
Equipment leasing contract: your rights and obligations as lessee
You have signed a leasing contract to finance your professional equipment. This document commits you to a number of responsibilities that practitioners often underestimate: choice of supplier, maintenance obligations, risks in the event of a dispute with the manufacturer. Here's what you need to know before committing yourself or to manage your current contract.
Equipment leasing: a financing solution for your business?
Are you thinking of acquiring professional equipment through equipment leasing without using your own funds? This tripartite contract - lessor, lessee and supplier - offers real flexibility, but entails specific obligations and risks that are often underestimated. By understanding the legal mechanism before signing, you can avoid unpleasant surprises at the end of the contract.
What assets can you finance with leasing? From equipment to property to shares
If you are thinking of leasing only to finance equipment or vehicles, you would be underestimating the scope of this tool. Business property, goodwill, intangible rights and even company shares can also be financed using this mechanism, subject to certain conditions. The nature of the asset determines the applicable regime and the precautions to be taken when structuring the contract.
Banking and finance lawThe 3-month Euribor and your loan: understanding its impact and your rights
Your variable-rate loan is indexed to the 3-month Euribor and your monthly repayments have increased without any clear explanation from your bank. This interbank index imposes specific obligations on the lending institution in terms of information and contractual transparency. Here's what you can demand and the remedies available if these obligations have not been met.
Mortgage loanLoan insurance: issues and developments
Loan insurance can account for up to 30 % of the total cost of your home loan - yet it is often hastily negotiated under pressure from the bank. Several successive reforms have strengthened your rights in this area: easier comparison, annual cancellation, then cancellation at any time since 2022.
Property leasing: specific situations and special arrangements
Property leasing is a powerful financing tool, but its structure can take different forms depending on a company's needs.
The administration of syndicated loans: legal and operational issues
Your company is a party to a syndicated loan and you don't know whether the agent or the lead arranger is your contact in the event of a dispute. Syndicated loans are based on a complex contractual architecture in which the legal status of the agent - agent or service provider - determines the extent of its liability. This article analyses the legal and operational issues involved in administering such financing, from centralising flows to managing defaults.
Credit lawChanges in over-indebtedness law: towards better protection for debtors
In less than four decades, the law on overindebtedness has evolved from an exceptional mechanism to one that can wipe out all your debts. Understanding this development - from its origins to the personal recovery procedure - will enable you to anticipate the effects of the procedure and defend your rights at every stage.
Legal classification of syndicated loans and sub-participations: a legal labyrinth
You are involved in a syndicated loan or sub-participation and are wondering about the legal nature of your commitment: the classification of these arrangements remains uncertain, between joint venture, loan contract and sui generis agreement. This grey area has direct consequences for your liability and recourse in the event of default by the borrower. Here we take a look at the doctrinal debates and the state of case law.
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