In the event of a dispute, the notifying institution must prove that the debtor was aware of the notification. This proof is established in accordance with the rules of evidence applicable to the debtor of the assigned or pledged claim.
The provision of the second paragraph of article L. 313-25, according to which the date of assignment or pledge is affixed by the assignee, may not apply to assignments of financial claims provided for in article L. 313-31. The debtor’s undertaking to pay the assignee of financial claims directly in accordance with the rules set out in article L. 313-29 is recorded in a written document entitled: “Deed of acceptance…
I. – A secured claim within the meaning of article L. 313-42 may only be mobilised in accordance with the provisions of this article up to the limit of the smallest of the following amounts: 1. The outstanding principal amount of this claim ; 2. The product of the financing ratio defined in II and the value of the asset financed or provided as collateral. II. – The proportion referred…
A charge on real property, conferring a guarantee equivalent to a 1st ranking mortgage within the meaning of article L. 313-42, is one that gives the creditor, regardless of the debtor’s legal situation, the right to sell the property encumbered by this charge wherever it may be held and to be paid from the sale price in preference to other creditors.
For the purposes of 2° of I of article L. 513-3, eligible guaranteed loans are those for which a credit institution, finance company or insurance company with equity of at least 12 million euros is a joint guarantor.
The contract for the issue of bonds issued by a credit institution whose sole purpose is to refinance promissory notes complying with the provisions of articles L. 313-42 to L. 313-49 shall explicitly state: 1° The purpose of the mobilisation ; 2° The exclusive purpose of the issuing credit institution; 3° The exemption provided for in 2° of IV of article R. 214-21; 4° The privilege enjoyed by the issuing…
The issue by finance companies of the securities referred to in Articles L. 313-30 and L. 313-31 or the promissory notes referred to in Article L. 313-42 meets one or other of the following two conditions: 1° Subscription of securities issued pursuant to Articles L. 313-30 and L. 313-31 or promissory notes issued pursuant to Article L. 313-42 is reserved for persons providing portfolio management services on behalf of third…
Pursuant to article L. 313-50, the surety guarantee mechanism covers surety commitments granted by a credit institution or finance company authorised in France under: 1° Article 1799-1 of the Civil Code, Article 1 of Law no. 71-584 of 16 July 1971, as amended, designed to regulate the retention of guarantees in respect of works contracts as defined by 3° of Article 1779 of the Civil Code and Articles 13-1 and…
The following are excluded from any indemnification or assumption of liability by the surety guarantee mechanism: 1° Guarantee commitments made in favour of the following persons: a) Credit institutions, finance companies, portfolio management companies and investment firms, in their own name and on their own account; b) Insurance companies; c) UCITS and AIFs covered by paragraphs 1, 2 and 6 of sub-section 2, paragraph 2 or sub-paragraph 1 of paragraph…
Credit institutions and finance companies shall provide the beneficiaries of the surety undertakings referred to in article D. 313-26, as well as any person who so requests, with all relevant information on the surety guarantee mechanism, in particular the nature and extent of the cover offered.
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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