Section 3: Formation of the credit agreement

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L315-9L315-10L315-11

Article L315-9

French Consumer CodeIn force
Ask for lawyer reviewed or certified translation

Updated 8 Nov 2023

The life mortgage or advance transfer loan transaction is concluded under the terms of a prior offer containing the following information:

1° The identity of the parties and the date of acceptance of the offer;

2° The exact description of the mortgaged property, in accordance with the requirements of the land registry;

3° The value of the mortgaged property estimated by an expert chosen by the parties and the costs relating to the expertise, when they are charged to the borrower. In the case of an advance transfer loan, the appraisal may be carried out by the lending institution;

4° The nature of the loan;

5° The terms of the loan and, in particular, the dates and conditions for making the funds available ;

6° In the case of instalments of the capital, the schedule of periodic payments distinguishing the share of the capital from that of the interest accumulated on these sums during the expected term of the loan and enabling the borrower to know when he will have exhausted the net assets of his home...;

7° Where the capital is paid in a single instalment, a statement of the interest accrued on these sums over the expected term of the loan, enabling the borrower to know when he will have exhausted the net assets of his home;

8° Using representative examples drawn up on the basis of assumptions relating, in particular, to the term of the loan, the overall cost of the credit, the overall effective rate defined in accordance with the provisions of Articles L. 314-1 à L. 314-4 and, if applicable, the terms of indexation;

9° The period of validity of the offer;

10° In the case of periodic interest repayments, the schedule of periodic interest payments for loans with a fixed interest rate, or a simulation of the impact of a rate change on the monthly interest payments for loans with a variable interest rate. This simulation does not constitute a commitment by the lender to the borrower as to the actual change in interest rates during the loan and its impact on the monthly interest payments.

The offer reproduces the provisions of articles L. 315-10 to L. 315-15, L. 315-20and L. 341-55.

Mariela Petrova

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Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

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The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

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Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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