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Jeantet

Jean-Francois Adelle

Jean-Francois Adelle

Partner

Expertise

  • Banking and Finance
  • Financial Institutions and Services

WSG Practice Industries

Activity

WSG Leadership

Banking and Finance
Chair
Banking & Finance Group
Member
IBA Group
Member
WSG Coronavirus Task Force Group
Member

Jeantet
France

Profile
Jean-Francois Adelle specializes in financial law, dealing in transactional and regulatory advice as well as litigation on behalf of financial institutions, investment funds and corporate groups. He heads the Finance Banking Group and the Firm's Legal Opinions Committee.

He has significant experience in debt financing transactions (club deals, bilateral and syndicated loans) in relation to acquisitions, secured lending, international trade, cash flows management, projects, hedging contracts and asset-based finance. He has developed expertise in trust (fiducie), collateral, derivatives, issue and marketing of financial instruments. He assists his clients before State courts or arbitral tribunals in disputes relating to financial and investment transactions. His activity is mostly international and includes the North and West African continent.

Author of many publications and frequent speaker in conferences on finance and banking topics, he has led Paris Europlace market committees that inspired legislative reforms on fiducie and collaterals and the ad hoc regime of security agent. He has co-chaired the Work Stream International Financing ICC Task Force on Financial institutions and international Arbitration (2016). He serves as Vice Chair of the IBA banking Committee.

He is listed in Who s Who Legal in banking since 2015: Jean-Francois Adelle is a finance specialist who wins high praise from sources for his practical approach to regulatory matters and disputes across the banking sector.

Bar Admissions

Admitted to the Bar 1979 , member of the Paris Bar

Education

- Specialized Graduate Studies Diploma of Counsel and Corporate Lawyer (DESS), University of Nancy
- Graduate Study Diploma (DEA) in Community Law, University of Paris 2 Pantheon-Assas
- Institute of Comparative Law, University of Paris 2 Pantheon-Assas
- Sciences Po - Paris (economic and social policy section) (alumni)
- LL.M, Penn
Areas of Practice

Banking and Finance | Financial Institutions and Services | Restructuring

Professional Career

Significant Accomplishments

-Assisted Enbridge in Saint Nazaire and Fecamp offshore wind farms
- Assisted Castorama and Bricdépot in 600M state guaranteed loan
- Assisted Coface Finanz in connection with cross breeder receivables finance documentation
- Assisted BCI Mer Rouge in connection with the refinancing of corporate loans in East Africa
- Assisted Bank of America in the refinancing of the acquisition of Brandsintown by HLD Europe
- Assisted Credimundi in the refinancing of secured export loan receivables
- Assisted Assicurazioni Generali in its indirect cash pooling arrangement
- Assisted several investment firms from the United Kingdom in connection with validity and enforceability opinions of collateral management documentations
- Assisted for Eurofins Scientific in connection with several listed bond issues
- Assisted Caisse des Dépôts in the putting in place of a Fiducie
- Assisted Deerfield Management Company, L.P. in connection with the acquisition financing of Flamel Technologies
- Management trust for Caisse des Dépôts
- Assisted Clarins in the financing of the acquisition of all its listed shares and its delisting,
- Assisted Africa Merchant Bank in several financings of Sub-Saharan Africa Telecommunication Operators
- Assisted the Libyan Investment Authority in investment litigation
- Assisted an international consortium of submarine cable operators in an action for indemnification of frozen deposit in the bankruptcy of the Bulgarian bank SVB
- Assisted SNCF and SOCRIF in mediatised litigation against Crédit Immobilier de France related to the banking group governance structure

Professional Associations

  • International Bar Association
    International Chamber of Commerce (ICC)
    Paris Europlace, Financial law committee
    AEDBF
    International Bar Association, Vice Chair Banking

Seminars

-Réforme des sûretés et financements sur actifs, Paris, avril 2019
- Arbitrating Banking and Finance Related Disputes: A New Paradigm? Project Finance Transactions, Cairo - 10 February 2019 CRCICA
- Trends and perspectives of international arbitration in disputes involving financial institutions, (with A. Fessas ICC Secretary general, Mohamed Abel Wahab (FCIarb), Jeffrey Goldman (chairman, PRIME Finance)), IBA Rome October 2018
• Need to know about insolvency? IBA IFLC, Amsterdam, mai 2018
• 5th Banking and Finance Law Seminar, the 2016 reform of the law of obligations in the French civil code: Impact on banking and finance transactions, mars 2018
• Insolvency in Step in rights in project finance, IBA, Washington DC, September 2017
Key note speaker at the 5th Financial law seminar, Malta, « The reform of the French Civil Code law of obligations, impact on financial operations »
- Speaker at the conference «The Debt Market at the time of the Sapin 2 Law 2 » Development institute international
- Speaker at the conference “Significant progress in the competitiveness of the French financial regulatory environment” r Paris Europlace
- Moderator of the panel Funding Africa’s growth, IBA, Paris, June 2017
- Speaker at the Conference SGG / Jeantet : “securisation of investment structures of family business: the luxembourg FIAR and applications of fiducie”, February2017
- Speaker at the Conference ICC International Arbitration, Arbitration and international financing, Vienna, October 2016,


Professional Activities and Experience

Coward Chance (Cifford Chance), London, 1985
Shearman & Sterling 1986 - 1988
Bignon Lebray: 1989 - 2003
Jeantet: since 2003
Articles

French State Guarantee Scheme to Secure Loans: Clarifications and First Feedback
Jeantet, April 2020

The French State guarantee of 300 billion euros scheme to secure loans granted by banks to companies affected by the Coronavirus pandemic. This was set up by Amendment to the French budget law for 2020 dated 23 March 2020[1] (completed by two arretés dated 23 March 2020 and 17 April 2020 and modified by the second amendment to the budget law dated 25 April 2020[2]) is already a success...

Extension of contractual deadlines expiring during the state of health emergency
Jeantet, April 2020

Adopted as part of the measures supporting enterprises in the context of the Covid-19 crisis, the ordinance n° 2020-306 of March 25th, 2020 contains the following temporary provisions applicable to contractual deadlines:   SUSPENSION OF THE CONTRACTUAL STIPULATIONS SANCTIONING THE NON-PERFORMANCE OF AN OBLIGATION According to Article 4 of the ordinance: “Penalty payments, penalty clauses, termination clauses and acceleration clauses, the purpose of which is to sanction the non-

COVID-19 Crisis – Towards Eased Distant Execution of Documents in Financing Transactions Under French Law
Jeantet, April 2020

Covid19 related lock down measures implemented in France since mid-March make it quite difficult if not impossible to hold physical meetings for signing financing transactions under French law / involving French parties. For notarised deeds, the emergency measures enacted by a decree dated 3 April 2020 have suspended the requirement of physical presence during and replaced it by remote signature mechanism. This applies to the remote signature of notarised loan agreement and mortgage deeds...

Additional Articles

-Derivatives 2020, ICLG
-Reform of security law and insolvency law in France: Towards a simpler architecture and a better protection of security value in workouts, Butterworths Journal of International Banking and Financial Law, 11/2019
- French collateral trust, an attractive mechanism to support asset-based lending in France’, SFN French Chapter, 10/2019
Effective from 3 January 2018, France has taken a major step towards alternative debt financing Butterworths Journal of International Banking and Financial Law, 02/2018
- The ad hoc French security agent regime becomes peer to the Anglo-Saxon trust in secured financings, with Etienne Gentil, Latham & Watkins
- ICC report Financial institutions and international arbitration, co-author, international financing 2016,
French Law of Bonds Reform: the impact on financing transactions, Butterworths Journal of International Banking and Financial Law, 10, 2016
- "Asymmetrical jurisdiction clauses in financial contracts: France is back in the ranks", with H. Payen, Option Finance, 01/2016
- International Sanctions: What effects on financial obligations and litigation involving a party under sanction, Option Finance, with L. Mongin-Archambaud, 01/2015
- Macron Law two further steps in banking and collaborative financing, Butterworths Journal of International Banking and Financial Law, 10/2015
- Financing: The French Supreme Court refuses the possibility for credit institutions to the civil law regime of pledge over inventory, Butterworths Journal of International Banking and Financial Law, 04/2013
- International financing: recognition in French law of the trust and parallel debt, with Emmanuelle Naulais, Option Finance, October 10, 2011
- The trust in infrastructure financing, with Xavier Paper, Bank Review N ° 739, 09/2011
- Recent developments in Chinese law: openness or protectionism? with Emmanuel Meril, The International and Strategic Review, n ° 81, spring 2011
- The trust-surety, factor of competitiveness of the law of the French financing, Studies in the memory of Fernand-Charles Jeantet, Coll. Mixtures, LexisNexis - LITEC (2010)
- The fiduciary lawyer: what positioning for which markets? Right & Business Option N ° 15 of 27 January 2010



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