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Banking-Monetary Department

The team of experienced lawyers of Gersha Legal Group is ready to serve you.
You can contact our experts right now to receive advice.

Expert Legal Counsel in Financial and Banking Matters

Our department’s experienced attorneys, with years of experience in financial and banking matters, are ready to provide you with expert advice. They will carefully review your case and the relevant laws to provide you with the best legal solutions tailored to your specific circumstances. From drafting bank contracts to resolving issues related to loans and guarantees, our department offers a wide range of advisory services to meet your needs.

Providing Expert Legal Advice in Financial and Banking Matters

Our department’s experienced attorneys, with years of experience in financial and banking matters, have a deep understanding of the circumstances, the relevant laws, and the full details, providing you with the best practical solutions. From drafting bank contracts to resolving issues related to facilities and guarantees, our department offers a wide range of advisory services to achieve the desired outcome.

Our consultation services include
  • Thorough review of the matter and the governing conditions: Our department’s experienced attorneys, with their mastery of financial and banking laws and regulations, have a complete understanding of the details of your case.
  • Providing the best legal solutions: Based on the specific circumstances of your case, our attorneys will provide you with the best legal solutions to ensure you fully protect your rights.
  • Answering legal questions: You can ask our department’s attorneys your legal questions at any stage of your case and benefit from their guidance.

Drafting and Writing Legal Documents and Briefs

In financial and banking disputes, accurate drafting of legal documents is crucial. Our department’s specialized attorneys, by drafting all types of documents and briefs, from petitions and defense briefs to appeals and cassation requests, and by utilizing the latest laws and judicial procedures, ensure the accuracy of your documents and defense and increase your chances of success in your case. Drafting of briefs includes:

  • Drafting all types of petitions, defense briefs, appeals, and cassation requests: Our department’s specialized attorneys, with their skills and experience, will accurately and professionally draft your legal documents and briefs.
  • Ensuring the accuracy and validity of documents: By entrusting the drafting of documents and briefs to the Financial and Banking Department, you can be sure of their legal accuracy and validity.
  • Compliance with all legal requirements: Our attorneys, with their full knowledge of laws and regulations, will consider all necessary legal points in drafting your documents and briefs.

Negotiations and Arbitration for Dispute Resolution

Resolving financial and banking disputes does not always require going to court. If you agree with the other party, our department’s attorneys, using negotiation techniques and relevant laws, will seek to find consensual solutions that satisfy both parties. Our team can also act as arbitrators in the dispute resolution process, relying on their legal knowledge to act fairly and guide the arbitration in the fairest possible way. These negotiations include:

  • Negotiating with the other party: If you wish, our department’s attorneys can negotiate with the other party to the case and reach a satisfactory agreement to resolve the dispute.
  • Arbitration in financial and banking disputes: If necessary, our department’s specialized attorneys can act as arbitrators to resolve your financial and banking disputes.
  • Utilizing the expertise and experience of our department’s attorneys in dispute resolution: By entrusting the resolution of your disputes to the Financial and Banking Department, you will benefit from the expertise and experience of our attorneys in this field.

Representation and Defense of Clients in Courts and Arbitration

Our Financial and Banking Department’s attorneys will vigorously defend your rights by closely following your case and actively participating in all court and arbitration hearings, providing strong and documented defenses. They will ensure the legal soundness of your case at all stages, and by relying on their knowledge and mastery of the law, they will strive to achieve the best possible outcome. The services of our law firm in this section include:

  • Active participation in court hearings: Our department’s attorneys will actively participate in court hearings to defend your rights in courts and arbitration.
  • Providing strong defenses: Relying on the legal knowledge and experience of our attorneys, strong and well-reasoned defenses will be presented in courts and arbitration.
  • Following up on cases until a result is obtained: Our Financial and Banking Department’s attorneys will follow up on your case until a satisfactory outcome is achieved.

Key Cases in Financial and Banking Matters

1. Disputes Regarding Bank Contracts

  • Loan Agreement Disputes: Our department’s attorneys are fully familiar with the following laws and regulations and will assist you in cases of disputes over your loans:
    • Civil Code: Articles 219 to 234, 645 to 667
    • Law on Facilities Granted to Natural and Legal Persons: Approved in 1386
    • Implementation Regulations of the Law on Facilities Granted to Natural and Legal Persons: Approved in 1387
    • Common cases:
      • Claiming the loan amount
      • Demanding interest on unpaid amounts
      • Termination of contracts due to contractual breaches
  • Guarantees:
    • Civil Code: Articles 684 to 726
    • Check Issuance Law: Approved in 1355 and subsequent amendments
    • Implementation Regulations of the Check Issuance Law: Approved in 1356
    • Common cases:
      • Claiming the face value of the guarantee
      • Investigating claims of forged guarantees
      • Claims for the cancellation of guarantees
  • Documentary Credits:
    • Commercial Code: Articles 582 to 614
    • Uniform Customs and Practice for Documentary Credits (UCP600): Issued by the International Chamber of Commerce
    • Common cases:
      • Disputes over the interpretation of documentary credits
      • Claiming the face value of documentary credits
      • Claims of non-compliance of documents with the terms of the credit document
  • Other Legal Issues in Bank Contracts:
    • Law on Non-Interest Banking Operations: Approved in 1362
    • Implementation Regulations of the Law on Non-Interest Banking Operations: Approved in 1363
    • Regulations and circulars of the Central Bank of the Islamic Republic of Iran
    • Common cases:
      • Interpretation of bank contracts
      • Claiming deposit interest
      • Resolving disputes related to opening bank accounts

2. Disputes Regarding Checks and Promissory Notes

  • Claiming the Face Value of Checks:
    • Check Issuance Law: Approved in 1355 and subsequent amendments
    • Implementation Regulations of the Check Issuance Law: Approved in 1356
    • Common cases:
      • Issuing a certificate of non-payment
      • Criminal complaint related to bounced checks
      • Seizure of the check issuer’s property
  • Check Requests:
    • Check Issuance Law: Approved in 1355 and subsequent amendments
    • Implementation Regulations of the Check Issuance Law: Approved in 1356
    • Common cases:
      • Filing a timely check request
      • Objecting to the enforcement proceedings of a check request
  • Asset Seizure:
    • Civil Enforcement Law: Approved in 1356
    • Law on the Manner of Enforcement of Financial Convictions: Approved in 1394
    • Common cases:
      • Seizure of bank deposits
      • Seizure of movable and immovable property
  • Other Issues Related to Checks and Promissory Notes:
    • Commercial Code: Articles 310 and 319
    • Civil Code: Articles 684 to 726
    • Regulations and circulars of the Central Bank of the Islamic Republic of Iran

3. Disputes Regarding Bank Accounts

  • Opening Accounts:
    • Civil and Commercial Laws
    • Regulations and circulars of the Central Bank of the Islamic Republic of Iran
  • Account Blocking:
    • Civil and Criminal Procedure Laws
    • Law on Non-Interest Banking Operations
    • Regulations and circulars of the Central Bank
  • Unauthorized Withdrawals from Bank Accounts:
    • Computer Crimes Law: Approved in 1388
    • Islamic Penal Code

4. Disputes Regarding Credit Institutions

This section includes disputes related to the bankruptcy of credit institutions, the settlement of depositors’ claims, and other similar disputes. Commercial laws, civil procedure laws, and central bank circulars are widely used in these disputes.

5. Disputes Regarding Financial and Banking Crimes

Financial and banking crimes encompass a range of illegal acts that target a country’s financial and banking system. These crimes have many legal complexities, and the Financial and Banking Department, with its mastery of the relevant laws, will assist you in pursuing these claims:

  • Money Laundering: The conversion or transfer of assets with the intention of concealing or changing the nature of their illegal source or origin is considered money laundering.
    • Anti-Money Laundering Law: Approved in 1386 and subsequent amendments
    • Implementation Regulations of the Anti-Money Laundering Law:
    • Common cases:
      • Investigating allegations of involvement in money laundering of illegal funds
      • Defending against accusations of unintentional money laundering
      • Claims for tracing proceeds of crime
  • Embezzlement: The misappropriation of funds or property that have been entrusted to someone by virtue of their position.
    • Islamic Penal Code (Book Five – Tazir and Deterrent Punishments): Approved in 1375, specifically Articles 673 and 674
    • Law on the Aggravation of Punishment for Perpetrators of Bribery, Embezzlement and Fraud: Approved in 1367
    • Common cases:
      • Filing a complaint about bank embezzlement by employees
      • Defending against embezzlement charges
      • Claims for the recovery of funds
  • Fraud: Deceiving or misleading another person by using fraudulent means to take their property.
    • Islamic Penal Code (Book Five – Tazir and Deterrent Punishments): Approved in 1375, Article 1
    • Law on the Aggravation of Punishment for Perpetrators of Bribery, Embezzlement and Fraud: Approved in 1367
    • Common cases:
      • Issuing bad checks
      • Fraud through forgery of bank documents
      • Fraud in the granting of loans
  • Other Financial and Banking Crimes:
    • Counterfeiting of banknotes and coins
    • Use of a stolen bank card
    • Disrupting the economic system by disrupting the monetary and banking system

Banking-Monetary Department

The team of experienced lawyers of Gersha Legal Group is ready to serve you.
You can contact our experts right now to receive advice.

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