Natural persons guilty of offences punishable under articles L. 341-37, L. 341-38 and L. 341-40 to L. 341-43 also incur as additional penalties the prohibition, in accordance with the procedures set out in the Article 131-27 of the Penal Code, either to hold a public office or to carry out the professional or social activity in the exercise or on the occasion of the exercise of which the offence was…
Failure by the lender to comply with any of the obligations set out in articles L. 313-30 to L. 313-32 is punishable by an administrative fine of up to €3,000 for a natural person and €15,000 for a legal entity. This fine is imposed in accordance with the conditions set out in Chapter II of Title II of Book V.
A lender who has not complied with the obligation to inform the borrower in the event of a change in the borrowing rate referred to in article L. 313-46 may be deprived of the right to interest, in full or in the proportion set by the judge.
If the lender demands from the borrower or lessee or withholds from his account sums in excess of those he is authorised to demand or withhold pursuant to the provisions of articles L. 313-49, L. 313-52, L. 313-60 or L. 313-61 is punishable by a fine of 300,000 euros. Physical persons are also liable, as additional penalties, to prohibition, in accordance with the terms set out in the Article 131-27…
Where the lender is deprived of the right to interest under the conditions provided for in this section, the borrower is only required to repay the capital in accordance with the schedule provided for and, where applicable, to pay the interest for which the lender has not been deprived. Amounts received by way of interest, which bear interest at the legal rate from the date of payment, are repaid by…
Where a conventional loan is usurious, excessive collections under articles L. 314-1 to L. 314-9 are automatically deducted from the normal interest due at the time and, subsidiarily, from the principal of the claim. If the claim is extinguished in principal and interest, the sums unduly collected are refunded with statutory interest from the day they were paid.
In the event of failure to mention or incorrect mention of the overall effective rate provided for in article L. 314-5, the lender may be deprived of the right to interest in the proportion set by the judge, with particular regard to the harm caused to the borrower. When the lender is deprived of the right to interest under the conditions set out in the previous paragraph, the borrower is…
Failure to comply with the provisions of article L. 314-5 is punishable by a fine of 150,000 euros. As additional penalties, guilty natural persons are also liable to a ban, in accordance with the terms set out in the Article 131-27 of the Criminal Code, to hold a public office or to engage in the professional or social activity in the exercise or on the occasion of the exercise of…
Granting a usurious loan to another person or assisting, in any capacity or in any way whatsoever, directly or indirectly, in obtaining or granting a usurious loan or a loan that would become usurious within the meaning of Article L. 314-6 is punishable by two years’ imprisonment and a fine of 300,000 euros. In the event of a conviction, the court may also order: 1° The publication of its decision…
As regards the offence referred to in Article L. 341-50, the statute of limitations for public action runs from the date of the last collection of either interest or capital.
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is a Registered Trademark of
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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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