AREAS OF INTERVENTION
BANKING AND FINANCIAL LAW
BANKING AND FINANCIAL LAW is made up of two branches: Banking Law and Financial Law.
1. For Banking Law, our firm offers services in the following matters:
- Liability of banks for breaching their general responsibilities: duty of vigilance, duty of non-interference, duty of information and consent, duty of caution, or banking secrecy
- Failure in the conditions of opening and/or operation of deposit and/or current accounts
- Disputes arising from transfers, checks, and bank cards, including the legal consequences of fraudulent checks, fraudulent use of bank cards, etc.
- Liability of credit-providing banks: false council, abusive credit granting, abusive and sudden rupture of overdraft credit facility, erroneous APR (annual percentage rate), etc.
- False contractual interest nullity suits: conditions of calculating the APR, contractual rate, actuarial rate, annual percentage rate, lending rate, etc.
- Disputes arising from consumer loans, mortgage loans, loans granted to professionals for the purposes of their business at fixed or variable rates
- Disputes arising from bills of exchange and promissory notes, debt consolidations, reverse mortgages, securities, first-demand guarantees and deposits, letters of intent, mortgages, rechargeable mortgages, collateral, pledges, reservations of ownership, etc.
2. Financial Law, refers mainly to financial market law, but also to financial activities such as equity investment. As such, we offer services in the following domains :
- Liability of market professionals: investment service providers (ISP), custodians of financial instrument accounts, financial analysts, financial investment consultants, rating agencies, financial service providers, etc.
- Disputes arising from public offerings, especially from obligations of information affecting market stakeholders
- Financial instruments: preference shares, composed real estate assets, autonomous bonds, debt securities issued through fungible stocks or issued alone, assets issued through collective investment in transferable securities, refinancing and risk management instruments, sectorial funding instruments, derivatives, financial warrants, etc.
- Collateral for assets and other financial guarantees
- Administrative, civil, and penal liability of managers of publicly listed companies
- Support of managers of publicly listed companies during investigations performed by the AMF (Financial Markets Authority), and if applicable, their defense in proceedings before the AMF Sanctions Committee
- Financial Penal Law: fraudulent insider dealings, issuance of false information to the public, price manipulation (or demonstration in favor of unfairly accused managers that the supposed infractions held accountable to them are baseless).