Banking Lawyers in Lyon
Managing your deposit accounts, analysing your loan agreements, dealing with a case of fraud: the fields of banking law are as numerous as they are technical.
#MUSE AVOCATS: a group of lawyers specialising in banking law
We are a group of lawyers with expertise in a wide range of areas. wide range of legal areas,
gathered around a independent 100 % online platform.
You'll benefit from all the expertise you're looking for, with a real-time monitoring of your files
and a direct contact with your lawyer without intermediaries.
#Independence
#Expertise
#Confidentiality
Bank loans
Home loans, earmarked loans, revolving loans, business loans, overdrafts... Complex contracts that require expert analysis.
Bank charges
Incorrect application of pricing conditions or failure to provide proof of commission charged may result in a refund.
Fraud
As numerous as they are varied, fraud techniques are being perfected to stay one step ahead of the devices that are supposed to secure your means of payment.
MUSE AVOCATS
Initial consultation refunded*
Bonds, pledges, mortgages and other guarantees
The law on bank guarantees requires a seasoned eye to detect the many breaches that lenders can be held liable for.
Cryptocurrencies, NFT
A vast area of the economy and finance that is poorly regulated, with new players, often from abroad, generating increased risks of fraud.
Bank loans
Loan regulations are based on a set of laws that combine common contract law with banking law.
A number of factors need to be carefully considered: firstly, the lender's obligation to provide adequate warnings, information and advice before granting a loan.
Next, it is important to check whether the loan complies with various requirements relating to the TEG or TAEG, the application of rates, usury and the impact of currency fluctuations.
During the execution of the loan contract, constant vigilance is required. This mainly concerns non-compliance with the repayment schedule, with the risk of default.
You should react immediately to request an adjustment to the repayment terms (suspension, rescheduling) in order to avoid having to repay the capital in its entirety, in addition to incurring heavy penalties.
Bank charges
Financial institutions provide three types of services: deposit accounts (current and savings accounts), loans and means of payment (Article L. 311-1 of Code Monétaire et Financier).
For these services, financial institutions set charges which may be referred to by various names: interest, agios, fees, commissions, etc.
Some charges are determined freely by terms while others are strictly regulated by law.
By checking compliance with both the contractual clauses and the pricing conditions, we can sometimes identify abusive practices or even unjustified charges.
You may then request a refund.
Fraud
Every year in France, payment fraud generates an average amount of embezzlement estimated at €1.3 billion.
Cheques are the main means of payment misappropriated, followed by bankcards and then transfers.
Users must ensure the integrity of their means of payment is preserved, particularly their security features (confidential codes, identifiers, etc.), and should never disclose them to any third party, even if that third party is acting in the name of a bank.
However, financial institutions' security systems are not foolproof:
exceeding authorised limits for a given type of transaction
inconsistency of transactions (amount, beneficiary, foreign payment)
exploitation of IT failures (unknown IP address, failure to suspend means of payment in advance)
Consult our decisions in banking law, and assert your rights to be reimbursed for fraudulent transactions on your accounts.
Surety bonds, pledges, mortgages, etc.
The most important guarantee associated with loan contracts is the surety bond, which is contracted for more than 80% of loans.
Defending the Guarantor's rights involves a series of increasingly numerous and technical control points, some of which have been refined by the Order of 16 September 2021, in force since 1 January 2022:
exception(s)
disproportionality
failure to warn
irregularities
failure to inform
early repayment, etc.
In addition to this main guarantee, there are other ways of protecting the lender, such as pledging receivables, pledging company shares, pledging a goodwill, pledging an account, pledging a mortgage, and so on.
Each guarantee is governed by its own strict formalities and rules, requiring legal control from negotiation through conclusion to execution.
Cryptocurrencies & NFT
Cryptocurrencies developed in the 2010s.
There are now more than 5,000 cryptoassets, worth $2031 billion*.
The number of scams and frauds linked to cryptocurrencies is constantly on the rise.
In 2021, worldwide, the total amount of petty theft jumped by +600 % to a total of $10.5 billion in losses, compared with $1.5 billion in 2020.
Neither the European Union nor the Member States have provided a comprehensive legal framework for these currencies or their trade.
While the cryptocurrency market is booming, the development of increasingly convincing scams is in full swing and is now coming up against legal uncertainties as to which regime to apply.
Liability claims may be brought.
*(in May 2021)
FAQs
Frequently Asked Questions
The following is a selection of the most frequently asked questions. Whether you require further information, please use our contact form or the chat module at the bottom of the page.
What is the first appointment or consultation?
The first consultation allows your lawyer to review your case and identify any legal issues that may arise.
During this meeting, they will consult the relevant documents in your file (contracts, invoices, correspondence between the parties involved, accounting documents, witness statements, affidavits, bailiffs' reports, etc.) to complete their analysis.
If you have provided sufficient information, your lawyer will give you a summary at the end of the meeting explaining the state of the law, how it relates to your personal situation, and the possible legal actions you can take to protect your rights.
What happens after this first appointment?
Sometimes, it is not possible to resolve all the issues in a case during a single consultation. As cases are often complex, we may need to request additional documents and/or information from third parties, such as administrative authorities, public registers and bailiffs' summonses, or cross-check information in our professional databases.
At this stage, your lawyer will provide a plan outlining all the actions to be taken and the strategy to be followed to reach a solution.
All the foreseeable steps will be detailed in a fee agreement, which will provide an estimated timeframe for carrying out the formalities (e.g. drafting deeds, compulsory formalities, forensic analyses, court pleadings and enforcement of judgements).
Is there a charge for the first appointment or consultation?
If you decide to entrust us with your case, the cost of the first consultation will be refunded on your first bill. However, if it is a one-off consultation without opening a file, the cost of the consultation is set at the preferential flat rate of €69.00 excluding VAT. / €82.80 incl. VAT.
How much does a lawyer cost?
Fees charged by MUSE AVOCATS lawyers are usually billed on a time-spent basis.
However, depending on each specific case, its complexity and what is at stake, how many steps need to be taken and the client's financial resources, a tailor-made fixed fee may be set so your budget is under control.
For more information, go to the services and fees.
Is it possible to pay in instalments?
Yes: thanks to our online payment service provider, Stripe®, and our payment operator, Klarna®, you can choose to pay your fees in three (3) instalments, free of charge.
Are your fees covered by legal expenses insurance?
Yes, in accordance with the deductibles and coverage limits set out in the general and/or special terms and conditions of your insurance policy. Also, please remember your insurance company cannot impose a lawyer on you. You are free to appoint any counsel you wish: our fees will be covered.
What are your areas of specialisation?
The lawyers at Collectif MUSE have recognised expertise in a number of areas, including areas of law and ensure total synergy with each other when the issues cover several subjects :
Real Estate Law We handle a wide range of disputes, including co-ownership disputes, property sales, latent defects, ten-year warranties, defects, rent collection and disputes with managing agents.
Commercial law Commercial leases, termination of commercial relations, unfair competition, transfer of business, disputes between partners, liability claims, banking law.
Company law business start-ups, restructuring, partnership agreements.
Inheritance law and joint ownership : divisions, disputes, gifts, conflicting inheritance settlements.
Is remote consultation something you provide?
Yes: MUSE AVOCATS collective has developed a range of online consultation accessible to everyone, whether in France or abroad.
Our conference calls, WhatsApp groups and video conferences allow you to exchange ideas and experiences in real time, while our private cloud hosted by OVH allows you to share your confidential documents securely, without having to move.
The remote consultations are aimed at companieswho are looking for responsive legal support, than to individuals. This is a sensitive issue that needs to be dealt with quickly.
Like the teleconsultations provided by doctors, we use this method to ensure that bringing our expertise closer to your needs. This is particularly important when you are in an area with poor coverage or when you are on the road. concern for confidentiality.
How is my case monitored?
As soon as your file is opened, an Avocat référent is dedicated to you.
He or she will be your main point of contact throughout the procedure, to ensure that you get the best possible support. structured and proactive.
Key stages in monitoring :
1°) Initial analysis and legal strategy assessment of the file, verification of documents, development of a personalised action plan.
2°) Recurrent communication Our services include: email reports and telephone or video exchanges to share the latest developments in your case.
3°) Technical and documentary monitoring OVHCloud: essential documents (summonses, submissions, expert reports) are sent to you using our secure messaging services, hosted in France, thanks to OVHCloud.
This approach guarantees relationship of trust where each Customer remains a player in his or her own business.
Can you help me in an emergency?
YesThe lawyers of the MUSE Collective regularly deal with the following cases emergencies requiring rapid intervention, whether in Lyon or all over France, thanks to our unique network of legal partners and colleagues.
Emergency situations frequently dealt with :
Receipt of a writ of summons: we can also serve a summons to attend a hearing or serve an order for payment.
Rental dispute or squatting: blocking a property sale.
Refusal to pay, seizure or precautionary measure : requiring immediate action.
Commercial dispute jeopardising a company's business (sudden termination, recovery, urgent litigation).
Attendance at the judge referrals or in accelerated procedure.
#MUSE AVOCATS
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Find your lawyer in Lyon and the Auvergne - Rhône-Alpes region: commercial law (commercial leasecourt, commercial court, etc.), real estateWe can advise you on a wide range of legal issues, including criminal law, insurance law and construction law. Assists you and advises you on your business. Carries property auctionshandles both insurance and banking litigation. Intervenes to recover your unpaid rent on your business premises. Appears before the Court of First Instance or the Commercial Court for any represented.
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