Banking and Financial Law
We provide specialized legal consultancy in relations with financial institutions, the drafting and negotiation of banking contracts, as well as the management of disputes related to loans, guarantees, or enforcement proceedings.
What services do we provide in the field of financial and banking law?
Banking contracts often contain standard clauses imposed by credit institutions, with little or no real possibility of negotiation on the part of the client. Some of these clauses may be abusive in nature, infringing consumers’ rights and generating unjustified additional costs
Negotiation and structuring of financing agreements
Legal assistance is provided for obtaining bank or alternative financing, including in relations with credit institutions, non-banking financial institutions (NBFIs), or investors. The services include...read more negotiation of contractual terms, risk analysis, and drafting of the related documentation (credit, leasing, factoring, etc.)
Analysis and drafting of credit and leasing agreements
Financing agreements are subject to a detailed legal analysis in order to identify unbalanced clauses or potential risks related to enforcement. Services are provided for...read more the drafting, amendment, and optimization of such agreements, including those concerning the establishment of guarantees.
Litigation concerning the determination and removal of abusive clauses from credit agreements
Banking litigation requires a thorough knowledge of case law and a detailed analysis of each individual case. The support provided aims not only to protect clients’ rights, but also to achieve genuine contractual balance through the legal analysis of...read more credit agreements from the perspective of consumer protection legislation, the filing of court actions for the determination of the abusive nature of contractual clauses and their removal, as well as assistance in recovering amounts unduly paid on the basis of clauses found to be abusive, etc.
Frequently asked questions about Financial and Banking Law
Below are some of the most frequently asked questions we receive from our clients regarding financial and banking law. For any additional questions, please do not hesitate to contact us.
01
Can I negotiate the terms of a credit agreement with the bank?
Yes, this right is provided for by law. The removal of certain clauses, the reduction of fees, or the adjustment of the repayment schedule may be requested. It is important for every consumer to be aware of their rights.
02
My accounts were frozen without receiving any notification. What can I do?
In such cases, an enforcement challenge may be filed before the court, especially if no prior notice was served, if there are errors in the calculation of the amounts, or if the right to enforce has become time-barred. The court may order the annulment of the unlawfully imposed measures and the unfreezing of the accounts, in accordance with the law.
03
I have a loan denominated in Swiss francs. Can I request the removal of abusive clauses?
Yes. Many loan agreements denominated in CHF or other foreign currencies contain clauses that may be annulled. Recalculations may be requested, abusive fees may be removed, and even the reimbursement of amounts unduly collected may be claimed, updated with statutory interest from the date of payment until full recovery.
04
What does credit restructuring mean and when is it recommended?
Credit restructuring involves modifying the original terms of a loan—such as temporarily reducing instalments, extending the repayment period, or rescheduling debts. This solution is useful in situations where temporary financial difficulties arise and foreclosure or enforcement proceedings are to be avoided. It is important that the restructuring be negotiated on clear terms and properly reflected in the contractual documentation.
Comprehensive legal services
With 18 years of experience, we deliver reliable and effective legal solutions for a wide range of legal challenges, including intellectual property, public procurement, business law, and beyond.
Legal insights
Current articles and information across diverse legal fields, intended to enhance understanding of the legal framework and its practical implications.
