Banking, securities, derivatives law

A bank owes the customer a duty of care, which is to take reasonable care in carrying out its contractual obligations with the customer.

A bank does not owe a fiduciary duty to a customer, except in special circumstances where it has gone further than normal.

A bank has no general duty to advise a customer that a loan or a purchase is not a good decision. A bank can look after its own interests ahead of the customer. The playing field is not necessarily level.

Our financial services, in the form of financial consulting, investment, securities and derivatives advice, structuring strategic investments, banking and financial planning and strategic decisions, helps level the playing field for customers.

Tyndall & Co. offers legal services in these  areas of banking and credit law:

Banker-customer relationship
Cheques
Code of Banking Practice
Debentures
Derivative security agreements
Contracts for difference
Duties of the banker to the client and others
Finance
Financial hardship applications and Uniform Consumer Credit Code
Independent legal advice about financial contracts, mortgages and guarantees
Instruments
Options
Futures
Placements
Rights issues
Submissions to Ombudsman

Articles published about banks and securities:

Wives can ‘walk away’ from debt
Wives can escape bank mortgage guarantee, Garcia v. NAB, Yerkey v. Jones
Updated 1 January 2015, originally published in The Land on 22 July 1999

What happens when receivers are appointed
Removing bank receivers within the law
Updated 30 March 2015, originally published in The Land on 20 January 2000

Banks? No thanks! 
Immediate right to vacant possession upon default in mortgage
Updated 6 April 2015, originally published The Land on 28 October 1999

Why banks like mediation
Cheap mechanism of foreclosure for mortgagee
Updated 2 April 2015, originally published in The Land on 27 May 1999

Mediation: farmers/banks should be equal
Farmers perceive mediation as unfair, legal representation a must
Updated 6 April 2015, originally published in The Land on 17 June 1999

Watch bank’s small print in court action
Successful defendant borrower may not get legal costs if they win
Updated 30 January 2015, originally published in The Land on 24 February 2000

That mortgage – you can’t bank on it
There are multiple events of default, not just non-payment of interest
Updated 7 January 2015, originally published in The Land on 6 April 2000

Stand up to bank mortgage demands
The “acceleration clause” in a mortgage, default, foreclosure, possession, payment of arrears (non-consumer)  demand repayment of whole principal
Updated 6 April 2015, first published The Land paper on 1 June 2000, currently published The Land Farm Online