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Legislative developments in securitisation in France: a detailed history of reforms
By Raphaël MORENON11 August 2025Few financial mechanisms are as markedly dual as securitisation. A powerful financing tool for companies, securitisation has also become synonymous with the 2008 financial crisis. This complex reputation masks a rich legal reality and a constant evolution in French law, which has taken several decades to tame and regulate this technique. Understanding the history of this framework means deciphering how France has gradually built a legal environment for what is now a key instrument in its economy. To navigate through this dense subject, it is often essential to be assisted by a lawyer with expertise in banking and financial law. This article sets out to retrace the major stages in the development of this legislation, a journey that perfectly illustrates the way in which the law adapts to innovations in finance. For an overview of the mechanism, please consult our main page on...
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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.
Incidents relating to the ownership of goods in a foreclosure sale
Seizure and sale, a compulsory execution procedure enabling a creditor to sell the debtor's movable property, is not immune from incidents. Among the most sensitive are disputes over the ownership of the goods seized. From misidentification, to situations where the debtor lives with the debtor, such as...Attachment for sale in the context of collective proceedings and overindebtedness
html Have you obtained a writ of execution against your debtor and are you ready to launch a seizure and sale? Be careful: the opening of collective proceedings or a case of overindebtedness can change everything. These specific legal situations impose strict rules that suspend or prohibit individual enforcement measures. Here's how...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...
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