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Article D313-1-A of the French Monetary and Financial Code

I. – For each of the categories mentioned in the second paragraph of article L. 313-2, the legal interest rate applicable for a given half-year is calculated as follows: 1° For claims by natural persons not acting for business purposes, the legal interest rate is equal to the sum of the rate on the main refinancing operations of the European Central Bank in force two months before the start of…

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Article R313-1 of the French Monetary and Financial Code

The rules relating to the overall effective rate are set out in Articles R. 314-1 to R. 314-14 of the French Consumer Code, which are reproduced below: “Art. R. 314-1. – The calculation of the overall effective rate is based on the assumption that the credit agreement will remain valid for the agreed term and that the creditor and borrower will fulfil their obligations in accordance with the conditions and…

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Article D313-2 of the French Monetary and Financial Code

The rules governing the usury rate are set out in articles D. 314-15 to D. 314-17 of the French Consumer Code, which are reproduced below: “Art. D. 314-15 -The average effective rates charged during a calendar quarter by credit institutions for the categories of transactions of the same nature involving similar risks, as referred to in article L. 314-6, are calculated by the Banque de France. The Minister responsible for…

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Article R313-4 of the French Monetary and Financial Code

For leasing transactions involving movable property, the leasing company shall request publication in the register referred to in Article R. 521-1 of the French Commercial Code, in accordance with the procedures set out in Articles R. 521-1 et seq. of the French Commercial Code, subject to the provisions of this paragraph.

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Article R313-5 of the French Monetary and Financial Code

The entry is made in the register kept by the Registrar of the Commercial Court, the Commercial Court or the Mixed Commercial Court within whose jurisdiction the lessee is registered as the principal lessee in the Trade and Companies Register. If the lessee is not required to be registered in the Trade and Companies Register, the entry is made in the register in whose jurisdiction the lessee’s registered office or,…

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Article R313-10 of the French Monetary and Financial Code

If the publicity formalities have not been carried out in accordance with the conditions set out in articles R. 521-1 et seq. of the French Commercial Code, the leasing company may not assert its rights over the assets of which it has retained ownership against its customer’s creditors or successors in title for valuable consideration, unless it establishes that the interested parties were aware of the existence of these rights.

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Article R313-12 of the French Monetary and Financial Code

The contracts referred to in 2 of article L. 313-7 are subject to compulsory or optional publicity, depending on the stipulations they contain, with the land publicity department in accordance with the procedures laid down for contracts of the same nature governed by articles 28 and 37 of amended decree no. 55-22 of 4 January 1955 reforming land publicity.

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Article R313-14 of the French Monetary and Financial Code

I. – Commercial companies which use leasing transactions to acquire capital goods, equipment or buildings for professional use and which do not benefit from the simplified presentation regime, as provided for in article L. 123-16 of the French Commercial Code and article R. 123-200 of the French Commercial Code, must include the following information in the notes provided for in article L. 123-12 of the same code: 1° The value…

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