Area 10
Banking Law
The relationship with a financial institution is asymmetrical by design: the contract is standardised, the charges are hard to read, and collection tends to move faster than customer service. We work to rebalance that relationship, for individuals and companies alike.
- 🇧🇷 Brasil
- 🇵🇹 Portugal
Overview
Need an assessment on this subject? The initial consultation establishes the right framework before any step is taken.
Book a consultationOn the customer side, recurring matters involve charges applied outside the agreed terms, fees never agreed to, insurance bundled without request, improper compounding of interest, and adverse credit records for debts already settled or never owed. Contract review begins with a technical reading of the instrument and of the account history.
Fraud and electronic scams now account for a significant share of the demand. Unauthorised transfers, loans taken out in someone else’s name and cloned payment instruments engage the institution’s duty of security, which answers for the risks inherent in its activity.
For companies, the work is largely preventive and transactional: analysis of credit instruments, security required, covenants, personal guarantees given by shareholders and renegotiation terms, before default turns into enforcement.
What we do
Services in this area
Each scope may be engaged on its own or combined with others, according to what the matter requires.
Review of credit agreements
Analysis of interest, fees, compounding, bundled insurance and default charges in loans, financing and credit cards.
Defence in enforcement and repossession
Defence in recovery proceedings, enforcement of instruments and repossession of financed goods, including challenges to the amount claimed.
Fraud and unauthorised transactions
Electronic scams, improper transfers, loans taken out by third parties and cloned payment instruments.
Adverse credit records
Removal of improper entries, challenges to time barred or settled debts and compensation for the harm caused.
Over indebtedness and renegotiation
Global restructuring of debts, preservation of a minimum income and conduct of negotiations with creditor institutions.
Corporate credit and security
Analysis of credit instruments, real and personal security, shareholder guarantees and renegotiation terms.
Frequently asked
Questions we are asked often
The answers below are for information only and do not replace individual analysis of your matter.
I was the victim of a banking scam. Is the bank responsible?
As a rule, the institution answers for the risks inherent in its activity, particularly where there has been a failure in its duty of security or an unusual transaction was not blocked. The analysis depends on the specific circumstances and the available evidence.Is it worth challenging the interest on my financing?
It depends on what the contract provides and what was actually charged. Review is available where there is a divergence between the agreed and the applied terms, charges that were never agreed, or compounding without contractual basis. A technical reading of the instrument determines the prospects.I owe several banks. Is there a way out?
Yes. The law provides mechanisms for dealing with over indebtedness, allowing global restructuring while preserving the income necessary for subsistence. A structured negotiation usually secures better terms than isolated approaches.
Banking Law
Need guidance on banking law?
The initial consultation assesses the legal viability of your objective and sets out the available paths, with stages and timelines defined. Online, by video call or in person in São Paulo.
Monday to Friday, 9am to 6pm (Brasília time). We reply within one business day.