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The fiducie-sûreté: the most effective French security interest?

The fiducie has been the subject of increased interest by lenders over the past few years in France. Even though there is no significant case law supporting this, some academics have gone so far as to refer to this mechanism...more

The Macron Bill about to introduce a right to remove shareholders of distressed companies: a new threat for investors or new...

In its 2014 insolvency reforms, the French Government contemplated allowing a French Commercial Court (Tribunal de commerce), faced with a company under judicial reorganisation (redressement judiciaire), to remove that...more

Commercial Restructuring & Bankruptcy Alert - November 2013

In this issue: - Consequences of the Failure of a Secured Creditor to File a Timely Proof of Claim - Private Equity Funds Potentially Liable for Portfolio Company’s Unfunded Pension Liability -...more

ROME II – Opportunities and Risks for the Financial Sector

This alert reports a French case that relates to a hedge fund registered in the Cayman Islands, the investment agreement of which was governed by Cayman law, and where the actions complained about (withdrawing from the fund)...more

Distribution of dividends in kind: a useful way to divest company holdings in favour of shareholders: TCI, EADS, Dassault and Co.

Summary - Like English and U.S. laws, French law allows, under certain conditions, public joint stock companies (“sociétés anonymes”) or simplified joint stock companies (“sociétés par actions simplifiées”) to...more

9/30/2013  /  Dividends , EU , Shareholders

French Ruling reinforces board members’ right to information prior to their revocation

Summary - The French Court of cassation recently decided that it is a prerequisite that board members of public companies (“sociétés anonymes”) be informed of the reasons for their revocation, prior to this issue being...more

Crowdfunding: first steps from French regulators until specific regulation next September

Crowdfunding basically consists in the funding of a project by raising many small amounts of money from a large number of people, typically via the Internet. Primarily used in specific artistic sectors, such as the music or...more

A Story of Stock, Security and Simplicity Sacrificed Under French Law

Introduction - In matters of security over personal property, France for a long time had a complex system of general and particular regimes. It had been hoped that legislative reform in this area, brought about by a...more

4/25/2013  /  Creditors , Debtors , Private Property , Stocks
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