France Publishes Restructuring and Insolvency Law Reform Ordinance

Latham & Watkins LLP

Ordinance 2021-1193, which effects into law the European Directive on preventive restructuring frameworks, applies to proceedings opened from 1 October 2021.

Key Points:

..Certain preventive mechanisms are strengthened and certain measures, which are part of the COVID legislative framework are confirmed.

..New accelerated safeguard proceedings (‘”sauvegarde accélérée”) are introduced to serve as the key proceeding for effecting into law the European directive.

..The Ordinance introduces classes of affected parties and the application of cross-class cram-downs.

..The “post-money” privilege is confirmed.

..The Ordinance reinforces the differentiation between safeguard and reorganisation proceedings and limits the application of a “term-out”.

..The Ordinance clarifies the applicable regime to securities in insolvency proceedings.

Please see full Alert below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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