Banking Law

PLCJ drafts or reviews guarantees to banking loans (guarantee contract, bank guarantee payable on first demand, corporate guarantee…) namely in an international context (loan granted in a country and guarantee granted by the parent company of the borrower in another country). Examination of the parties’ capacity to borrow and drafting of a legal opinion confirming the operation, its validity and legal enforceability can also be carried out.

Experience:

• Legal assistance provided to a Mauritian bank for the reviewing and analysis of the enforceability of a joint surety granted by a French parent company to its Mauritian daughter company as a guarantee to the loan granted by said bank;
• Legal advice provided to a Mauritian group in the alleged liability of a financial institution regarding several loans and bank refinancing provided;
• Legal assistance provided to a Mauritian company for the drafting of a bank guarantee payable on first demand granted by its French mother company in guarantee of a bond issue and drafting of a legal opinion assessing the validity and enforceability of this guarantee in Mauritius;
• Analysis of the possible legal actions in France and in Mauritius of a Mauritian bank against two debtors residing in France for the payment of loans granted to them in Mauritius.