The modern financial environment is complex and dynamic, characterized by a large number of transactions and operations of varying complexity. Settlements of financial products and services are a crucial aspect of the functioning of contemporary financial markets. Implementing innovative technologies, compliance with regulations, and the ability to anticipate and respond to changes in the financial environment have become essential elements of the strategies of financial institutions aiming for long-term success in a dynamic and competitive market environment.
An expert witness specializing in reconciling financial products and services plays a crucial role in the legal and judicial system. Their task is to provide independent, expert analysis, and opinions in matters related to financial issues, such as voiding contracts, preparing settlements, estimating losses, analyzing financial instruments, and other aspects associated with the financial sector. Here are some tasks that an expert witness specializing in this area may perform:
Financial documentation analysis: The expert conducts a thorough analysis of financial documentation, contracts, transactions, and other relevant materials to understand the financial context of a particular case.
Estimation of losses: The expert can assess financial losses resulting from improper practices or breaches of contracts. This may include voiding credit agreements, cases of money laundering, financial fraud, etc.
Analysis of financial instruments: The expert witness can analyze complex financial instruments such as structured products, options, or derivatives to assess their intricate financial implications and risks for the parties involved in the agreement.
Expert testimony in legal proceedings: The expert witness may be called to testify during a court or arbitration process, providing their professional opinions and analysis.
Expert opinions: The expert witness prepares written expert opinions containing their analysis, findings, and recommendations regarding financial issues.
Mediations and arbitrations: The expert witness can participate in mediations or arbitrations, assisting in resolving financial disputes between the parties to a contract.
Invalidation of agreements denominated in foreign currencies – Swiss franc loans
Invalidation of agreements for loans indexed to the Swiss franc poses a significant challenge for both parties to the agreement containing abusive clauses, both for borrowers and financial institutions. The process of settling accounts between borrowers and banks after the invalidation of a Swiss franc loan agreement requires a precise approach and an understanding of the legal and financial context. The invalidation of a Swiss franc loan agreement can result from various factors, such as violations of legal regulations, improper information for borrowers, or incorrect practices in the loan approval process. As a result of the invalidation of the agreement, both parties may have the right to a refund of the amounts paid for capital, interest, commissions, and other fees specified in the agreement.
Expert witness opinions aim to provide the court with a reliable and independent technical and economic analysis of aspects related to Swiss franc loan agreements and their invalidation. Expert witnesses with specialized knowledge in accounting, finance, and economics can accurately understand and assess the consequences of invalidating Swiss franc loan agreements for both parties to the agreement. They can calculate the receivables and obligations of each party resulting from the invalidation of such agreements.