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Article L313-15 of the French Monetary and Financial Code

In the event of amicable liquidation, compulsory liquidation or receivership by sale of the debtor company, the equity loans are repaid only after all other preferential or unsecured creditors have been paid in full. In the absence of contractual stipulations to the contrary requiring the overall agreement of all the holders of the participating loans, the latter are placed on the same rank for the purposes of the distributions to…

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Article L313-17 of the French Monetary and Financial Code

Without prejudice to articles L. 314-1 to L. 314-9 and L. 341-48 to L. 341-51 of the French Consumer Code, the fixed interest on an equity loan may be increased under the conditions set out in the contract, in particular by means of a clause providing for a share in the borrower’s net profit or in the profit made by the borrower from the use of the assets whose acquisition…

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Article L313-18 of the French Monetary and Financial Code

The granting of equity loans by the State is subject to precise and dated industrial, commercial and financial commitments by the borrower. If the content or timetable of the undertakings are not complied with, repayment of the loan becomes due, except in the case provided for in article L. 313-16.

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Article L313-19 of the French Monetary and Financial Code

The fixed interest on the equity loan is increased, under the conditions set out in the contract, by a profit-sharing clause, in particular with regard to the borrower’s net profit. This participation is an expense for the financial year. The overall effective rate of interest paid by the borrower to the State may not be less than the average rate of interest paid on the current accounts of the borrower…

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Article L313-21 of the French Monetary and Financial Code

On the occasion of any financial assistance that it intends to grant to a sole trader for the purposes of his business, a credit institution or finance company intending to request a security interest in an asset not required for the business or a personal surety granted by a natural person must inform the entrepreneur in writing of the possibility of proposing a guarantee over the assets required for the…

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Article L313-21-1 of the French Monetary and Financial Code

Companies selected to contribute to the creation of activities or the development of jobs within the framework of an agreement signed with the State in application of articles L. 1233-84 to L. 1233-89 of the Labour Code as well as companies approved by the Minister for the Economy are authorised to grant partial guarantees to credit institutions or finance companies granting loans for business development projects located in employment areas…

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Article L313-22-1 of the French Monetary and Financial Code

Credit institutions or finance companies which have provided a surety, endorsement or guarantee, whether of legal, regulatory or contractual origin, have recourse ipso jure and in all cases against the customer who gave the undertaking, his co-obligors and the persons who have stood surety and, for payments made under their undertaking, subrogation in the rights of the creditor as provided for in article 1346 of the Civil Code.

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Article L313-23 of the French Monetary and Financial Code

Any loan granted by a credit institution, an AIF covered by paragraph 2 of sub-section 3 or sub-section 5 of Section II of Chapter IV of Title I of Book II, or by a finance company to a legal entity governed by private or public law, or to a natural person in the exercise of his professional activity, may give rise to the assignment or pledging by the beneficiary of…

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