Defacto is updating its General Terms and Conditions of Sale (T&Cs). This new version allows us to keep offering fast, straightforward and competitive financing, while meeting the most demanding standards applicable to financial institutions authorised by the ACPR (the French banking supervisor).
These new T&Cs apply to any financing requested from 8 September 2026 (inclusive).
What isn't changing
Our fees and pricing remain unchanged.
Your financing journey stays exactly the same: same platforms, same timelines, same simplicity.
Loans already in place continues to be governed by the terms in force at the time you took it out.
What's changing
1. Our administrative details have been updated
Two administrative updates:
Defacto's share capital increases from €6,163.17 to €7,479.65.
Our registered office has moved to 100 boulevard de Sébastopol, 75003 Paris (previously 50 rue Marguerite de Rochechouart, 75009 Paris).
2. The main change: assignment of receivables by way of security (Dailly assignment as security)
Provided that this option is applied to your account, invoice financing may now be secured by the assignment of the invoice submitted for financing, under the legal mechanism set out in the French Monetary and Financial Code (articles L. 313-23 et seq.), commonly known as a "Dailly assignment", as security for the amount lent.
In practice:
When you apply for financing on an invoice, that invoice may be assigned to Defacto as security for the corresponding loan. This is a well-established mechanism, used daily by French banks and finance companies.
This security arrangement doesn't change your commercial relationship with your customer in any way: you remain your customer's point of contact, and they continue to pay their invoice as normal.
Nothing happens without your involvement: the assignment only takes place with your consent, given at the time you request financing. To simplify things for you, you grant Defacto a mandate to sign the assignment deed on your behalf. This mandate is strictly limited to formalising the assignments you've agreed to.
Why this change? It allows us to strengthen our lending business and keep financing as many businesses as possible on the best possible terms, without changing the simplicity of our product, and without changing the fact that you retain the relationship with your customer, unless you fall behind on your repayments.
3. A framework for developing new products in the coming months, which may include security and guarantees (new article 2.3)
The T&Cs now include a framework allowing Defacto, where circumstances warrant it, to grant financing subject to appropriate security being put in place (Dailly assignment, guarantee, pledge, etc.).
Where applicable, each security arrangement will be documented in a dedicated agreement, setting out its scope and terms.
For the vast majority of our customers, this makes no difference to their day-to-day financing journey.
4. What happens in the event of non-payment: clearer rules
In the interests of transparency, we've clarified the consequences of non-payment:
A new case of early repayment has been added: if you're a customer who has agreed to provide security to Defacto, and that security lapses or becomes ineffective without being replaced, Defacto may demand early repayment of the financing.
Where unresolved non-payment triggers early repayment, Defacto may apply a charge. This will be equal to whichever is higher: 20% of the total amount still owed, or two hundred (€200).
These rules only apply to genuine non-payment situations, after a 7-day remediation period. If you repay your financing on schedule - as almost all of our customers do - this doesn't affect you.
No action is required on your part
From 8 September 2026 (inclusive), or by requesting new financing before that date, you accept the new T&Cs.
Where to find out more
Link to the new T&Cs
Have a question? Get in touch with support, we're here to help.
FAQ
What is a Dailly assignment?
What is a Dailly assignment?
It's an assignment mechanism set out in French law since 1981 (the "Dailly law", codified in articles L. 313-23 et seq. of the Monetary and Financial Code). It allows a business to assign a professional receivable (an invoice) to a financial institution, which can be used as security for financing.
Will my customer (the invoice debtor) be told about the assignment of my financing as security?
Will my customer (the invoice debtor) be told about the assignment of my financing as security?
In practice, no: the assignment as security isn't notified to your customer as long as your repayments are up to date. Your commercial relationship with your customer stays the same, and they continue to pay you the amount owed as normal. It's only in the event of non-payment on your part that Defacto might notify the debtor of the assignment in order to recover the debt.
Why grant Defacto a mandate to sign the assignment deeds?
Why grant Defacto a mandate to sign the assignment deeds?
Rather than asking you to sign an assignment deed for every financing request, you give Defacto a mandate to formalise the deed on your behalf, once you've consented to the assignment. This mandate is strictly limited: it only covers formalising the assignment you've agreed to. You can track all your financing and any related security arrangements from your account.
Am I required to provide security to be financed?
Am I required to provide security to be financed?
No, and never without your knowledge. Security will be requested on a case-by-case basis, depending on the financing in question. Where security is required, it will be clearly presented to you before you request the financing.
What happens to my existing loans?
What happens to my existing loans?
Nothing changes: your previous loans remain subject to the terms that applied when you took it out. The new T&Cs only apply to loans requested from 8 September 2026 onwards.