The banking lawyer has an essential role to play in the relationship that may arise between an individual and his bank: from the simple subscription to a banking service, to the opening of a bank account through the subscription of a loan contract.

Generally, it is possible to find an amicable arrangement when the amounts involved are small. As often as possible, we strive to find amicable solutions in order to resolve the dispute calmly and quickly.

The Banking Lawyer must also advise his client on the best strategy to adopt.

The contentious outcome is therefore desirable in certain cases and must be seen as an instrument at the service of the strategy.

This is particularly the case if, even for small amounts, the Bank is not entitled to claim payment of sums of money from you.

Perhaps the most representative example is that of disproportionate bail.

There is no reason to give in to demands which can sometimes be daunting and litigation may present itself as the best possible option.

Consequently, it is advisable to make every effort to respect your rights and obtain, in the event of the Bank's failure to fulfill its obligations, to engage its liability and obtain its order to pay damages.

The role of the Lawyer in banking law is also essential during the different stages of the relationship between the SME and its Bank. Indeed, the Bank, due to the essential financing that it grants, is often the first creditor of the SME.

Therefore, it is essential to seek the advice of a lawyer when concluding the various contracts (loans, bank accounts, financial guarantees, etc.) which will intangibly bind your SME to the banking organization.

In the same way, in the event of a dispute arising, and before it degenerates into a dispute, amicable solutions can be found.

When the dispute is related to a company, the role of the Banking Lawyer will be essentially oriented towards a contentious procedure in order to obtain compensation for the damage suffered by the company because of its cash flow very often disturbed by the actions of the bank.

It is advisable to work out a strategy in the service of the defense of your rights and to engage the responsibility of the Bank when it has overstepped its rights.

The firm intervenes in banking law when relations between banks and borrowers in the context of real estate loans that turn out to be litigious.

The banking liability of financial institutions may be engaged in the event of excessive credit, toxic loans, foreign currency loans, variable rate loans, etc.

• Excessive mortgages causing a situation of unpaid debts or a procedure for seizure of real estate: responsibility of the banker in the event of failure to warn

When the banker grants a home loan, a bridging loan, a mortgage loan, a professional loan, a consumer loan, he must ensure that the borrower will be able to repay it and warn him of the risks of non-payment that may arise in different circumstances.

If the banker does not warn his client of the risks of excessive indebtedness arising from the mortgage, he may be held liable.

It may be ordered to pay damages to the borrower in the event of a breach of its information obligations and its duty to warn.

The borrower must therefore seize the court in order to engage the responsibility of the banker in the event of fault in the provision of excessive credit.

• Erroneous overall effective rate of a home loan: forfeiture of the right to conventional interest or substitution of the nominal rate by the legal interest rate

In the event of an error by the bank in the calculation of the TEG appearing in the loan contract, the forfeiture, partial or total, of the right to interest can be pronounced judicially for real estate loans.

For other loans, in particular professional loans, conventional interest can be cancelled. The court seised may substitute conventional interest with the legal interest rate (0.04% per year in 2014 and 2015. Approximately 1% in 2016 and 2017). The prescription is 5 years from the discovery of the error for individuals. 5 years from the date of the contract for professionals.

In the event of an error, legal action must be brought by the borrower within the limitation period.

• Sureties disproportionate to the income or assets of the uninformed surety:

Bonds can be canceled if the surety did not have sufficient income at the time of signing the bond contract or when it is executed. Other remedies exist, in particular for the company manager surety.