
Jean-Francois Adelle
Partner
Jeantet
France
WSG Leadership
Banking and FinanceFrench 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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