CANCELLATION OF A BANK DEPOSIT
What are the new features to integrate?
There are many elements to finance to create a restaurant, hotel or café. Equipment, building work, stock, not to mention taxes such as VAT, increase the sums to be expected for the launch of its activity. However, if the banks check the reliability of the projects and the solvency of the project leaders before accepting the loan, many entrepreneurs embark on the creation of a restaurant without having any experience in the sector.
The risks of a failure are much more proven than one might think, and the bank can threaten to implement your bank guarantee at the slightest financial difficulty.
So how to prevent it?
The establishment of a bank guarantee must comply with the rules of law provided for in the Consumer Code (art. L.341-4 ). The bank cannot request to take advantage of a contract of suretyship concluded by a natural person whose commitment was, at the time of its conclusion, manifestly disproportionate to his property and income, unless the assets of his surety, at the time when this one is called, does not allow him to face his obligation.
The bank has no obligation to verify the state of the surety's assets at the time of signing the surety contract. It will then be up to the surety to demonstrate that his surety commitment was, when it was concluded, manifestly disproportionate to his property and income. In practice, if the guarantor was not considered to be aware of the risks incurred due to his profession or his status (an executive assistant or company director are, for example, considered to be aware), the sanction of disproportion of the surety can be pronounced.
In this case: the guarantee is not void, but a forfeiture will deprive the bank of the right to act against the guarantee. However, the deposit will not be released before the end of the contract and the bank can always act if you return to a better fortune before the end of the contract.
However, in order to avoid recourse to the bond and the verification of its proportionality at the time of its conclusion, it is always possible to negotiate payment terms and attempt an amicable resolution.
Otherwise, the procedure before the Court will be carried out in two stages:
“the pre-trial hearing” which respects the adversarial principle and allows each of the parties to put forward their arguments;
“the pleading hearing”, where the parties present their arguments orally to the Commercial Court and debate before a judge.
NB: A pleading before the Commercial Court involves the intervention of a lawyer. If you wish to set up such an action, we will put you in contact with a specialized lawyer who will take over in this procedure. The specialized lawyer will then communicate to you his rates and packages.
Essential Formula (48 H): 300 euros including tax
Blooming Consulting offers you the analysis of your deposit by expert lawyers.
How to proceed ? Contact us and tell us your request. Based on the information you have given us, a dedicated lawyer will get back to you within a maximum of two working days to send you a free quote. If this quote suits you, all you have to do is validate it and confirm your order. Your dedicated lawyer will analyze the documents that you have communicated to him and will offer you a one-hour telephone meeting (or physical, at your place of work) to give you a precise and clear inventory of your situation and the possibilities of actions.
The Essential Formula includes:
analysis of your documents;
A one-hour interview with a lawyer to get an exact idea of your situation.
Premium formula (24 H): for 360 euros including tax
The Premium formula is exactly the same as the Essential but with faster delivery.