Bank

LAWYER IN NICE – Banking Law UPDATE IN FAVOR OF BANK FRAUD VICTIMS, OBTAINING COMPENSATION October 23, 2024, Court of Cassation - Appeal No. 23-16.267 - Commercial, Financial, and Economic Chamber - Section Formation - Published in the Bulletin "No gross negligence...

Cryptocurrencies  , including Bitcoin, have evolved into virtual currencies that have garnered considerable attention in recent months . As a lawyer specializing in cryptocurrencies, I will explain the purpose and impact of these  digital currencies  . Understanding...

Rights of the guarantor In  a significant judgment of November 15, 2017 ( Cass. com., November 15, 2017, n° 16-16790 ), the commercial chamber of the Court of Cassation affirmed that banks have the obligation to inform and Notify Guarantors When Committing to...

Mortgage renegotiation The year 2021 is a good year to get started in real estate investment . But if several criteria push individuals to invest in the sector, the historically low level of the credit rate also makes it possible to renegotiate its mortgage. Seize the...

Credit rate  our law firm in Nice has acquired great expertise in this area, having handled many cases involving TEG. A recent case concerned a TEG posted at 6.1%, encouraging the substitution of the  legal rate  . The Importance of APR in Loan Agreements:- The Total...

Under the terms of a judgment delivered on June 19, 2013, the first civil chamber of the Court of Cassation (appeal no. 12-16.651) ruled that "the conventional interest rate mentioned in writing in the deed of loan granted to a consumer or a non-professional must,...

Disputing the Global Effective Rate (TEG) is an essential element of a loan offer. The TEG must include in its calculation all the fees imposed by your banker to agree to finance you. It can thus be used to compare different offers and must neither be erroneous nor...

Revolutionary investment  As everyone knows, the taxation associated with holding a securities account has continued to increase over the years, and today has reached a clearly penalizing threshold, not to say prohibitive. And for good reason: capital gains are now...

Question 1: Are there any illegal bank fees that some banks charge their customers? Bank charges  Today, with the role of the Banque de France and consumer associations, these  abuses  can be limited.Indeed, a broad system to fight against these illicit fees has been...

Loan repayment When a borrower receives an unexpected sum of money, he can choose to repay part or all of his loan before the scheduled end of the contract. However, it is important to note that the loan agreement may include indemnification clauses in the event of...

National Bank Mergers: Implications and Legal Considerations: – Bank mergers Merger can be defined pictorially. It is an operation which "is understood by two societies as by two rivers which unite their waters, one keeping its name and arising from the other, or both...

Financial stability obliges, everyone is called upon to straighten out public accounts, starting with credit institutions. Indeed, the latter are subject this year to an exceptional contribution in  addition  to the tax on systemic risk (TRS), which ultimately has the...

Creditors who obtain payment by cashier's check may be required to return it in the event of recovery or liquidation of their debtor. An URSSAF has summoned a company for an arrears of social security contributions. The recovery was announced on November 5, 2007. The...

Warning obligation: liability of the bank for NSF checks In banking, recent events in 2013  highlight  the important role played by the bank in the payment of checks for insufficient funds. The bank cannot refuse a payment solely for insufficient funds without...

The banking ban is a source of  lasting financial complications  . What are the causes and consequences, and what are the possibilities available to users to get out of this often very  embarrassing situation  ? The causes Following the issue of one or more NSF checks...

Suspension of the direct debit Do you wish to suspend a direct debit? Several  situations can be considered, we take stock. Opposition to a single payment Direct debit is a direct and definitive method of payment by which you give a dual mandate to the creditor and to...

Some merchants refuse payment by cheque… Do they have the right to do so? What are the conditions of this refusal? Yes, if the amount is derisory A merchant can refuse a payment by check when the amount to be paid is derisory: this is the case, for example, if it is...

When taking out a loan , questions about  health  may be asked. Is it legal? What can or cannot be asked of us? Does this information condition the granting of a loan? Insurance yes, bank no It is the insurance and not the bank that is entitled to ask questions about...

The importance of credit in today's economy Credit plays a vital role in business  and individuals, serving as a catalyst for economic growth  and financial stability. It allows companies to invest in expansion, innovation and resources, while allowing individuals to...

Limitations on Breaking Credit Agreements Contractual integrity! A credit agreement , like any other  contract  , is a legally binding document that outlines the terms and conditions of a loan. However, it is essential to recognize that credit institutions cannot...

Loan refusal! You want to take out a loan and the  bank  refuses to follow you. Does she have the right? For what reasons ? Yes, and without justification A bank does not have to justify a refusal and is entirely free to grant or refuse a loan. On the other hand, if...

Debt relief! Can I file an over-indebtedness file? How   can  the committee help me? What steps should you take if you can no longer honor your debts? Requesting compensation: the role of the Over-indebtedness Commission When faced with overwhelming debts, individuals...

Bank surcharge! Better known as " agios ", the operating costs of banks  can vary from one institution to another. How to react with your bank in the event of a payment incident? Agios Contrary to popular belief, agios are not only debit interest debited from your...

Protection of borrowers: rules on breaking credit agreements and respecting notice periods Clarification of liability! In the field of credit agreements, it is crucial to  recognize  that banks cannot freely terminate credit agreements without consequences. Whether...

The advice and warning obligations of the banker providing credit were not clearly defined due to a difference between the commercial and civil chambers of the Court of Cassation. By judgments of June 29, 2007, the Mixed Chamber definitively defined the scope of the...

The subprime crisis also reflects an information crisis. This crisis confirms that information on financial risks is, at best scarce, at worst misleading, because of the off-balance sheet and the securitization which allows a bursting of the risk. Indeed, securitized...

Banking regulation and stock market regulation are both based on checks on the regularity of the projects submitted to them. That said, their decisions may be different, given the standards that each must apply, but also their margin of appreciation impregnated by...

For a decade, the first civil chamber and the commercial chamber disagreed on the issue of the liability of credit providers for granting credit deemed excessive in relation to the borrower's repayment capacity. As early as 1995, the first civil chamber of the Court...

Bancassurance can be defined either from a functional point of view or from an institutional point of view. The first is understood as financial services integrating banking and insurance products The second deals with the way in which the collaboration between the...

Additional supervision of credit institutions and investment firms. Directive 2002/87/EC aims to strengthen the supervision of financial groups which carry out their activities in several financial sectors, and frequently in different Member States. It promotes the...

Article L. 511-1 of the Monetary and Financial Code defines the notion of credit institution. “Credit institutions are legal persons which carry out banking operations as a regular profession. They include the receipt of funds from the public, credit operations, as...

The control of the Credit Institutions and Investment Firms Committee: a legitimacy criticized The banking profession is regulated by a certain number of institutions whose organization and competence are original. The CECEI is essential in the context of the...