Banking and finance law
What your lawyer can do for you in the event of banking difficulties or to secure a debt.
#banking difficulties
You have acted as a guarantor for your company, which has run into difficulties, and the bank asks you to settle the guarantee commitments you made in connection with a loan.
We will meet with you and discuss the various solutions:
- Settle the dispute amicably. Consulting us often makes it easier to find an amicable solution.
- Follow the procedure before the court having jurisdiction over the matter if an agreement could not be found.
In the event of a procedure initiated by the bank, we follow the procedure and provide you with our expertise to respond to the arguments developed.
Technically, there is sometimes a disproportion between the commitments made and the payment obligations. Once this has been established, we undertake to do our utmost to demonstrate the existence of such disproportion, which may lead to the rejection of the bank’s payment claims.
You want to take security over an asset or take a security interest against your debtor to avoid his/her insolvency.
We bring you our expertise in order for you to take the security interest the most adapted to the situation.
We propose to take this security interest by observing the formalism and the process necessary to finalize this protective measure for you or your company.
This measure thus guarantees your security as a creditor and in case of default by your debtor.
Your team
The team is multidisciplinary, and we combine our skills
and experience because we have our clients’ best interests at heart.
Faculté de Droit d’Angers
Master 2 Contentieux privé
Faculté de Droit de Caen Normandie
Ecole des Avocats de Poitiers
Prestation de serment en 2020
Master’s degree in Corporate Law
Admitted to the bar in 2001
You have questions. We are here to help you.
How can I avoid that the bank implements my guarantee?
It often happens that a bank takes a guarantee with the company director in order to mitigate the risk of default when a company borrows money.
The company director who acts as guarantor himself/herself, also called bank security, can be put in default to repay the loan in place of the defaulting company.
By consulting a lawyer sufficiently ahead of time on the difficulties experienced by their companies, particularly before a situation of default, company directors will be able, for example in the context of a judicial safeguard procedure, to set up a safeguard plan to avoid any action by the bank with regard to the guarantor for the entire duration of the plan set up for the benefit of the company.
What should I tell the bank when they ask me to act as bank security?
When the bank sends you a registered letter with acknowledgement of receipt asking you to reimburse your defaulting company, you should, first of all, check the validity of the form used for the commitment of guarantor.
A possible disproportion of the commitments also needs to be considered.
The bank will have to initiate proceedings before the court having jurisdiction over the matter and obtain a decision before being able to execute any request targeted at the company director.
This period allows the lawyer to exchange with the bank and possibly find an agreement. A settlement agreement is then possible.
The bank refuses me an overdraft for my business, what can I do? My bank has sent me a registered letter with acknowledgement of receipt with a view to ending my company's overdraft. What can I do?
If your bank refuses to authorize an overdraft or if your bank wants to end the overdraft it has previously authorized, we can diagnose your company‘s situation.
Then, depending on the situation, we will propose to contact your bank or set up an agreement or a procedure adapted to the situation.
Can my lawyer help me renegotiate my current loans?
We regularly work with our clients to renegotiate their current loans in order to reduce their rate and duration.
I have an important debt on a client, what guarantee should I take to ensure its payment?
We can assist you and take the necessary steps to secure the payment of your guarantee (security) to ensure the payment of your debt.
The choice of security (the security) will depend on the extent and structure of your debtor’s assets. It will be necessary to choose the most appropriate coverage for the situation.
These mechanisms will increase your chances of securing yourself against insolvency of your debtor or to protect yourself from non-payment of a debt.
I have lent money to a third party; can I guarantee the loan with an IOU (acknowledgement of debt)? Can my lawyer draft this IOU?
An acknowledgement of debt (IOU) allows you to guarantee the validity of a loan. The drafting of such document is complex and must observe certain substantive and formal rules. For this reason, we can put our expertise at your service and help you draft the necessary documents and implement the necessary measures to protect your interests.
