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Banking and financial canvassing: legal framework and obligations
By Raphaël MORENON3 August 2025Canvassing for banking and financial services is a commercial practice governed by a strict set of rules designed to protect savers and borrowers. Often perceived as intrusive, this sales method is nevertheless legal if it complies with a set of precise obligations. Our firm has observed that many disputes arise from a lack of understanding of this framework, both by consumers and by certain professionals. Understanding the rules governing this activity, detailed in the law governing credit institutions, is therefore the first step in asserting your rights. For personalised assistance, our team of lawyers specialising in banking and financial law can analyse your situation. Definition and scope The law leaves little room for interpretation when defining canvassing. It is a precise legal concept based on factual criteria and not on the commercial intent of the canvasser. The purpose of this rigour is to...
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> The practice of seizing propertyA practical, chronological and exhaustive study of the implementation of a property seizure procedure.
We put all our expertise to work to achieve a simple objective: to prevent a property seizure.
Objections and the addition of creditors to the seizure for sale
Foreclosure often puts creditors in a competitive situation. How do you divide up the spoils when several creditors are after the same debtor's assets? This question, far from being theoretical, arises daily in the French courts. In the past, the adage "saisie sur saisie ne vaut" ("seizure upon seizure is not worth anything") meant that the second creditor had to wait...Circulation of information covered by banking secrecy
Banking secrecy, the cornerstone of the relationship of trust between a bank and its customer, is governed by article L. 511-33 of the French Monetary and Financial Code. This principle protects confidential information entrusted to the bank. However, the growing complexity of financial transactions and the need to combat certain types of fraud have...Public bodies and banking secrecy
Many public bodies have access to data covered by banking secrecy under strictly regulated conditions. Here is a detailed analysis of the prerogatives of these public bodies. 1 The Court of Auditors and regional audit chambers The Court of Auditors and regional audit chambers have extensive powers to...When banking secrecy disappears: due diligence obligations and the fight against money laundering
Banking secrecy, often perceived as a pillar of the relationship between a bank and its customer, is not in fact an impenetrable fortress. Although it protects the confidentiality of financial information, French law provides for numerous situations in which this secrecy must give way to the demands of...When regulators poke holes in banking secrecy: the state of play
Banking secrecy is not the airtight safe that some people think it is. Although this principle protects the confidentiality of customers' financial information, there are many exceptions to it, particularly when it comes to the regulatory authorities. The latter have extensive prerogatives to access banking data as part of their duties...Exceptions to banking secrecy for judicial and tax authorities
Closed doors, locked safes, sealed registers... The principle of banking secrecy seems impenetrable. Yet it is not absolute in France. The law provides for a number of situations in which this secrecy must give way, particularly in the face of certain public authorities acting in the public interest. Understanding these exceptions is essential for customers...Understanding banking secrecy in France
Banking secrecy is often seen as a bulwark against curiosity, including that of the state. This ancient principle, whose origins go back to centuries-old commercial practices designed to protect business confidentiality, was not formally enshrined in France until 1984. It is, however, less protective than might be thought...Creditors' general right of lien: what you need to know
When it comes to creditors' rights, the general right of pledge is their minimum protection. This essential but limited mechanism helps explain why some creditors seek additional security. These guarantees, such as mortgages, have specific implications for the parties, such as exploring the rights and obligations...Liens in insolvency proceedings: who gets paid first?
When a company goes through a financial crisis and enters receivership, the normal interplay of security interests is disrupted. This is especially true for the owner of a mortgaged asset, whose rights and obligations are affected. The usual rules of the Civil Code give way to a new logic...Classification of property security interests: order and priorities
Security law organises competition between creditors. Who will be paid first if the debtor cannot honour all his debts? This is not a theoretical question. It determines the effectiveness of collateral and, for owners of mortgaged property, their rights and obligations. Why classify mortgages?
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