Coronavirus : Task Force Jeantet

 

The spread of coronavirus arises many challenges to businesses, employees, customers, suppliers, investors and financial partners.

Jeantet has set up a multi-disciplinary Task Force to answer all questions on the impact of the Coronavirus on labour, financing, capital markets, data protection, contract law, mergers and acquisitions, export control, real estate investments…

For any question you can contact us at the following address: taskforcecovid19@jeantet.fr

ALL ITEMS AVAILABLE

(updated daily)

PARISINTERNATIONAL OFFICES

LABOUR LAW

Employee safety: the employer facing up to its responsibility – Éditions Législatives, 11 May 2020

While some companies are reopening their premises, employers are worried. Will the measures planned to limit the risks of contamination be sufficient? And will they enable them to protect themselves from litigation in the event of contamination of an employee? The legal risks are real, even if they remain difficult to identify today.

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[Interview] – Eva Kopelman : “During the lockdown, social dialogue must continue”, Liaisons Sociales, 26 March 2020

Eva Kopelman, a labour law counsel at Jeantet, recommends that companies maintain as much social dialogue as possible during the period of lockdown related to the coronavirus pandemic.

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[Covid-19] Can the employer be held criminally responsible?

The law extending the state of public health emergency of 11 May introduced a new article in the public health code requiring the judge to assess possible criminal liability in concreto in the event of Covid-19 contamination. What are the consequences?

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Security obligation: with covid-19, are employers right to worry about their liability to judges? – Éditions Législatives, 12 mai 2020

Employers are concerned that they may be liable for contamination in the workplace. Will compliance with the ministry’s fact sheets be sufficient to prove that they have taken all necessary steps to avoid the risk, as required by their safety obligation? Both employers’ lawyers and trade unionists advise that all measures taken should be documented […]

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Coronavirus: Flash re. Executive Order dated April 22nd, 2020 and the Decree dated April 21st, 2020

During the state of health emergency, the Government has amended the partial activity scheme on several occasions in order to facilitate its use by companies. Today, more than 10 million employees in France are covered by this scheme, i.e. more than one employee out of two in the private sector. Until now, applications for partial […]

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Flash re. Executive Order dated April 15th, 2020 and the Decrees dated April 16th,2020

The Government has resized the partial activity system and opened it to new categories of employees. As implied by the Executive Order dated March 27th, 2020, which refers to “employees who are not subject to legal or conventional provisions relating to working time”, senior executive employees (cadres dirigeants) are now officially covered by the partial […]

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Cronavirus: Flash re. staff representative bodies Clarifications provided by the Decree dated April 10th, 2020

By Ordinance dated April 1st on emergency measures relating to staff representative bodies (“IRP”), the Government had provided for the possibility for companies to hold meetings with their IRP via videoconference or conference call but also by instant messaging app if the two first means cannot be used. By Decree published on April 10th, 2020, […]

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Flash Partial Activity The Administration’s clarifications

As part of the state of health emergency, the Government has adopted a series of exceptional measures to support businesses. Thus, the Government has extended the partial activity scheme to cover 100% of the compensation paid to employees by companies, up to 70% of 4.5 SMIC. Difficulties, particularly procedural, have arisen regarding the implementation of […]

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Coronavirus: Flash about the Ordinances published on April 2, 2020

On Wednesday 1 April, the Council of Ministers adopted new ordinances to deal with the covid-19 epidemic. These orders issued on April 2, 2020 include emergency measures regarding: staff representative bodies, vocational training, the payment of the exceptional purchasing power bonus, the postponement of the ballot to measure the trade union hearing of employees in […]

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CORONAVIRUS: Flash on the Partial Activity Ordinance of 27 March 2020

In addition to Decree No. 2020-325 of 25 March 2020 facilitating the use of partial activity for all companies, an order relating to partial activity was issued pursuant to Article 11 of the Emergency Law of 23 March 2020 to deal with the covid-19 epidemic. The ordinance n° 2020-346 of 27 March 2020 was published […]

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Coronavirus: Do we have to work when there is no such thing as zero risk? – 20 minutes, 29 March 2020

It’s not easy to navigate the flow of information that comes across the coronavirus. Is there a particular question you’re curious about? Every day, “20 Minutes” makes sure to bring you the answer.

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Congress passed the Families First Coronavirus Response Act

On March 18, 2020, Congress passed the Families First Coronavirus Response Act , a sweeping legislative bill to address the growing concerns surrounding the novel coronavirus, COVID-19. The FFCRA includes measures aimed at expanding paid employee leave in connection with the coronavirus emergency and providing employers with tax credits to cover the cost of those benefits.

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Coronavirus: How to respect obligations without panicking

LAST MINUTE NEWS   Every day, coronavirus disease “nCoV-2019” outbreak is getting bigger, the national territory as a whole is now affected, with several so-called “cluster” areas. How to respect its obligations without giving in to panic, to adapt its activity and organization, to limit the negative consequences for the company, to deal with suspected […]

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Coronavirus stage 3: what changes for employees and their managers?

“Stage 3” is on everyone’s lips and the authorities are no longer making a mystery of it: France could soon move to the highest stage in the plan to combat the coronavirus epidemic. A stage that should shake up the way companies operate for several weeks, but also – and this is why Cadremploi investigated […]

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FINANCING COMPANIES

French State guarantee scheme to secure loans: clarifications and first feedback

(Update pursuant to publication of French Ministry of Economy Q&As dated 31 March 2020 and 2 April 2020, of arrêté modificatif dated 1 April 2020, Q&A date 22 April 2020 and second Amendment to the French budget law dated 25 April 2020) The French State guarantee of 300 billion euros scheme to secure loans granted […]

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Temporary flexibility in the dates for submission of European prudential reporting statements, additional national requirements and public disclosure in the insurance sector

The European Insurance and Occupational Pensions Authority (EIOPA) believes that insurance companies should currently focus their efforts on monitoring and assessing the impact of the situation caused by the health crisis and ensuring their operational continuity. On 20 March this year, the EIOPA issued three recommendations concerning a relaxation of the dates for submitting European […]

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Additional measures to support companies particularly affected by the Covid19: creation of a state fund of solidarity

Updated pursuant to publication of decree n°2020-371 dated 30 March 2020 and decree n°2020-394 dated 2 April 2020 The French Government Ordinance enacted on 26 March 2020[1] create a solidarity fund intended to provide financial aid to natural and private law legal persons having economic activity severely affected by the Covid19 crisis. The Solidarity Fund […]

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Coronavirus: what consequences on financing agreements?

The covid19 global crisis and the relating lockdown measures will strongly impact the activity of borrowers and the value of their assets. Their repayment capacity and their liquidity needs will also be affected. The crisis also impacts lenders and the operation of financial markets. We outline advice to meet the difficulties that may arise in […]

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GOVERNMENT PUBLICATIONS AND ORDINANCES

CORONAVIRUS: Content of the government’s Social Law Ordinances

After the publication in the Journal Officiel of the Law “emergency to deal with the Covid-19 epidemic”, the Government presented, Wednesday in the Council of Ministers, 25 ordinances and several decrees to deal with this health and economic crisis. These texts were published in the Official Gazette of 26 March 2020 and are therefore applicable. […]

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COVID -19 Ordinances dated 25 March 2020: More flexible conditions for meetings of the corporate bodies and for approval of financial statements

Under the terms of Emergency Law No. 2020-290 of 23 March 2020 dealing with to the spread of the covid-19 epidemic, the Government was authorized, inter alia, to take any measure by ordinance: “(f) simplifying and adapting the conditions under which general meetings and collegial management bodies of legal persons governed by private law and […]

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Coronavirus COVID-19 crisis: emergency measures bill passed – 22 March 2020

On Sunday 22 March 2020, the deputies definitively adopted the ordinary bill on emergency measures related to the Coronavirus-COVID crisis19 . On Saturday, 21 March 2020, the deputies had adopted in first reading the bill and definitively adopted the organic bill. Presented by the Government in the context of the Coronavirus-COVID19 epidemic, the ordinary bill […]

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Information: Fact sheets on support measures

The government has just published a summary of the support measures and useful contacts to accompany businesses. You can download it here.

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Latest data in the context of the regulation of displacement to combat the spread of the COVID-19 virus

Link to Decree No. 2020-260 of 16 March 2020 regulating movements as part of the fight against the spread of the COVID-19 virus: https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000041728476&categorieLien=id Attestation de déplacement dérogatoire à remplir pour tout déplacement (à retrouver également sur le site du Ministère de l’Intérieur:  https://www.interieur.gouv.fr/Actualites/L-actu-du-Ministere/Attestation-de-deplacement-derogatoire)

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RISK MANAGEMENT AND DATA PROTECTION

Statement on the processing of personal data in the context of the COVID-19 outbreak

On Friday 20 March, the European Data Protection Board (EDPB) issued a statement on the use of personal data in the context of the COVID epidemic.19 The EDPB thus allows the use of personal data by Member States and competent authorities while respecting anonymity or at least public security.

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TAX

The European Union put to the test by COVID-19 – The issue of State aid remains topical

Aware of the political and economic challenges facing by the European Union, the European Commission has decided to act swiftly as part of its task of monitoring state aids under Articles 107 et seq. of the Treaty on the Functioning of the European Union, which require Member States to notify, prior to their implementation, measures […]

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“State of health emergency: criminal risks for company managers” – L’Opinion, 04/09/2020

Because of the current health crisis linked to covid-19, company managers have to make decisions in a hurry and without being aware of the criminal risks that could result.

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“Coronavirus infects the economy: additional fiscal remedies needed to sustain growth” – L’Opinion, 04/02/2020

Advocacy for an improvement of the support system for the self-employed and for the introduction of generalised carry-back.

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Adoption of the ordinances of 25 March 2020 by the French Government: What are their tax consequences?

Article 10 of the French government’s Ordinance no. 2020-306 of 25 March 2020 on the extension of the time limits during the health emergency period and the adaptation of procedures during said period provides for specific provisions aiming at adjusting certain time limits applicable to tax audits and, more specifically, at suspending their application as […]

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COVID-19: what are the main tax impacts?

Taxation: emergency measures to be taken to deal with the coronavirus (COVID-19) crisis: transcription of the crisis into the companies’ accounts, reduction of the tax burden, preservation of the company’s cash flow and choice of financing and restructuring tools.

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CAPITAL MARKETS / M&A

INSOLVENCY DURING COVID-19 PERIOD

The French Parliament has by virtue of an emergency law dated 23 March 2020 empowered the French Government to take all necessary measures in order to cope with the economic, financial and social consequences of Covid-19 spread. The Government enacted a first batch of 25 ordinances, two of which directly impact the French legal insolvency […]

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COVID-19: Renegotiation in case of an upheaval in the contract economy

The exceptional circumstances resulting from the measures imposed in order to prevent the propagation of COVID-19 may make it excessively onerous for companies to fulfil their contractual obligations, without, however, preventing them from doing so. In order to cope, statutory and contractual provisions allow debtors to request the renegociation of their engagements. If it has […]

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Listed companies facing coronavirus

Although the coronavirus is an extraordinary situation making financial communication both necessary and particularly sensitive, there is no indication at this stage that listed companies will benefit from any exemptions regarding compliance with their legal obligations or from any forbearance from the Autorité des Marchés Financiers (“AMF”). Therefore, in this difficult context, issuers have to […]

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Coronavirus also affects corporate governance

The Financial Markets Authority reminds that physical presence at the general meeting is not necessary. It recommends live webcasting.

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CASE OF FORCE MAJEUR

Extension of contractual deadlines expiring during the state of health emergency

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:

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Coronavirus, a force majeur event ?

COVID-19 was declared as a pandemic by the WHO on 11 March 2020. Can force majeure then be raised to justify a temporary or permanent breach of contractual obligations?

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EUROPEAN CONSUMER LAW

Coronavirus, an update on the implications for Economic Law

This newsletter focuses in particular on the practical consequences that the crisis could have on: payment deadlines, single agreements and GCS, but also in consumer law; issues that fall under the jurisdiction of the European Commission and the Competition Authority (mergers, cartels and crisis state aid).  

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REAL ESTATE LAW

Real Estate News: State of health emergency: measures relating to commercial rents

By decree 2020-1310 of 29 October 2020 prescribing general measures to deal with the Covid-19 epidemic as part of the state of health emergency, the Government renewed the decision to close certain businesses. The decision to close is general with (art 37 of the decree): an exception in principle for click and collect activities, which […]

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Real Estate News: decision of 10 July 2020 and commercial rents

Judgment of the Paris Court of Justice of 10 July 2020 a new step towards the interpretation of Article 4 of Order 2020-306 of 25 March 2020?

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Covid-19-proof commercial lease rents – RCL, mai-juin 2020

Faced with a sudden drop in their customer base or a ban on carrying on their business, can merchants suspend or even exempt their landlords from paying rent? On what basis? What can mayors do? RCL questioned Catherine Saint Geniest, an associate lawyer at Jeantet & Associés, a specialist in real estate law.

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Flash ordinance of May 13th and ordinance 2020-539 of May 7th

Ordinance n°2020-560 duof May 13th 2020 setting the time limits for various procedures during the period of health emergency. Order No. 2020-539 of May 7th 2020 setting specific deadlines applicable to town planning, development and construction during the period of health emergency.  

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The new rules to conclude a real estate purchase during lockdown – Le Monde, 04/21/2020

Signing a promise of sale, finalizing a real estate purchase or carrying out real estate diagnostics is once again possible with the publication of new regulatory texts. But there are still areas of vagueness.

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Covid-19 : Retailers ask for the cancellation of rents – CosmétiqueMag, 04/17/2020

A group of retailers including the groups Rocher, Provalliance, Nocibé perfumeries (Douglas group), Beauty Success and Passion Beauté signed a tribune against a large majority of lessors’ representatives, first and foremost the National Council of Shopping Centers, which is asking retailers to pay their rents, “even though our stores are forced to remain closed. This […]

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Order N°2020-427 dated 15 April 2020 on various time limits dispositions regarding the COVID-19 pandemic

Order n°2020-427 dated 15 April 2020 on various time-limit dispositions regarding the covid-19 pandemic  modifies the provisions of Order 2020-306 of 25 March 2020 on the extension of the time limits during the period of health emergency and the adaptation of procedures during the same period. It should be reminded that Order No. 2020-306 of […]

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Coronavirus: what to do if my tenant does not pay? – Les Echos, 04/15/2020

Because of the health crisis of Covid-19, lessors can be confronted with the financial difficulties of their tenants to pay their rents. How to secure its land incomes ? What it is necessary to know.

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Impact of the COVID-19 outbreak on real estate sales

This newsletter explains the consequences of the texts adopted by the government on the withdrawal period granted to the non-professional buyer (i), the fulfilment of the conditions precedent provided for in the sale commitment (ii) and the notarial deed of sale (iii).  

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How Covid-19 has already transformed the real estate industry – CF News Immo, 03/26/2020

Between the legitimate demands of tenants who are losing business and the legal obligations quickly announced by the government, landlords must juggle the demands of tenants who are losing business so that they, in turn, do not see their revenues wiped out. While they have already announced short-term measures, the new coronavirus has already made […]

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COVID-19 and lease: reflexions and recommendations

Donors are concerned both about their obligations in the face of the current coronavirus outbreak and also about the demands that may come from stakeholders affected by the outbreak. The impact of several legal concepts needs to be addressed. The obligation to guarantee the safety of the lessee (i) and the more general obligation to […]

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BANKING & FINANCIAL LAW

Jeantet advises the german Group Schwarz in the exclusive negotiations for the acquisition of part of the Suez group’s waste recycling and recovery activities

Paris, 22 septembre 2020 – Jeantet, along with the German Law Firm Noerr, advised PreZero, the environmental branch of the Schwarz Group and one of the European leaders in waste management and recycling, in connection with the acquisition of SUEZ’ Recycling and Recovery activities in Germany, Luxembourg, the Netherlands and Poland. This operation, valued at […]

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Covid19 Crisis – Towards eased distant execution of documents in financing transactions under French law

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 […]

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Banks facing ACPR call and ECB recommandations not to pay dividends

The Autorité de contrôle prudentiel et de résolution (ACPR) issued a statement on 30 March 2020 calling on credit institutions under its direct supervision and finance companies to refrain from distributing a dividend in the context of theCOVID-19 pandemic[1]. This appeal is in line with the injunctions expressed to date by the Minister of the […]

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RENEWABLE ENERGY LAW

PUBLIC LAW

Details on deadlines in terms of urban planning and the environment – ordinance n°2020-427 of 15 April 2020 on various provisions in terms of deadlines to deal with the Covid -19 epidemic

A new ordinance n°2020-427 of 15 April 2020 on various provisions regarding deadlines for dealing with the covid-19 epidemic (the “Deadlines Ordinance of 15 April 2020”), presented to the Council of Ministers on 15 April, was published in the Official Journal on 16 April 2020, as it was eagerly awaited by real estate and construction […]

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Public Procurement Code, public procurement contracts and other public contracts during the period of Covid-19, what is the situation?

The current health emergency has called for the introduction of derogating and temporary rules on public procurement, both in the field of awarding and executing public contracts, given the current difficulties of enterprises and other economic operators to carry out their services and contracts normally in a period of containment. In public procurement law, Ordinance […]

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Town planning procedures, regulatory timelines and impacts of COVID-19

The lockdown linked to the coronavirus, imposed since March 16, has had an impact on many real estate projects and operations, and in fact raises a number of questions in terms of urban planning. Since the beginning of the lockdown, many local authorities and actors in the field of urban planning law have thus found […]

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Order No. 2020-319 of the 25th March 2020 on various measures for adapting the rules for the award, procedure or execution of contracts subject to the code of public procurement and public contracts that do not fall under it during the health crisis caused by the Covid-19 epidemic

This order applies to contracts subject to the public procurement code as well as to public contracts that are not subject to it, in progress or concluded during the period from the 12th of March 2020 until the end of the state of a health emergency, increased by a period of two months. This applies […]

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CRIMINAL LAW

Jeantet takes on the criminal business world with the arrival of Philippe Bouchez El Ghozi

Paris, Thursday September 14, 2023, Jeantet is delighted to announce the arrival of Philippe Bouchez El Ghozi and his team as partners to strengthen the commercial litigation practice, and in particular the criminal business law, compliance and internal investigations practice. With this arrival, Jeantet now has 35 partners and intends to continue its growth. This […]

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Kiev

Ukraine : legal alert “Government’s steps to support businesses”

On 13 May 2020, the Verkhovna Rada of Ukraine adopted the Law Amending the Tax Code of Ukraine and other Laws of Ukraine with a view to Supporting Tax Payers for the Duration of the Measures Implemented to Prevent the Occurrence and Spread of the coronavirus (COVID-19) (the ‘Law’). The Law is expected to be […]

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Ukraine : Covid-19 legal alert n°2

Quarantine measures expanded beginning on 6 April 2020 New restrictive measures for the period of quarantine were introduced in accordance with Resolution of the Cabinet of Ministers of Ukraine no. 255 dated 2 April 2020 (officially published on 4 April 2020). New restrictions began to apply from 6 April 2020, and the main of them […]

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Moscow

Moscow Newsletter – November 2020

COVID-19. New Developments: Measures Affecting Business

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RUSSIA: COVID19: CONSEQUENCES OF NEW RUSSIA MEASURES FOR BUSINESSES – 2ND EDITION

We expect further clarifications on the aforementioned measures from Russian authorities. We are actively following the development of the issues related to the COVID-19 crisis and are fully prepared to advise our clients, particularly on post-pandemic employment compliance, including the review of employment measures implemented in connection with COVID-19 crisis and, if required, the elaboration […]

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Russia : COVID-19 : Consequence of new russia measures for business

We are actively following the developments related to those issues and are fully prepared to advise our clients.

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Russia : COVID -19 Consequences and Adopted Prevention Mesures

The outbreak of COVID-19 has led to the introduction of a number of restrictive measures, as well as measures aimed at supporting businesses and the economy. Measures were taken both at a federal level and in the regions, specifically in Moscow. These measures include orders providing for a quarantine for certain categories of people, for […]

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NEWSLETTER MOSCOW – MARCH 2020

Agenda: 1/High Alert Regime Introduced in Moscow Due to the COVID-19 Pandemic 2/Federal Law on Antimonopoly Compliance Adopted 3/INCOTERMS 2020 Adopted 4/Two Directors’ Principle to be Implemented 5/Mitigation of the Responsibility for the Breach of Currency Legislation 6/Salary Indexation to be Included in the Constitution 7/The Law on Electronic Employment Record Books Becomes Effective 8/Overview […]

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Our last publications

Règlement MiCA – Règlement MiCA et réglementation des abus de marché – Etude par Dominique Legeais et Olivier Lyon Lynch, Revue de Droit bancaire et financier n° 5, Septembre-Octobre 2023

Research by Dominique Legeais, Professor at the Université Paris Cité and Director of CEDAG, and Olivier Lyon Lynch, lawyer – partner, Jeantet. The MiCA regulation deals with frequent market abuse. There is a repressive component and a preventive component. Essentially, the provisions are based on the Market Abuse Regulation (MAR). The system has been simplified […]

Paris | BANK-FINANCE-REGULATORY

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Lamy Business law review – October 2023

The scope of seizures during authorized visits in securities law – Frank MARTIN LAPRADE Differences and similarities between home visits (administrative) and searches (criminal) – Frank MARTIN LAPRADE, Marie ROBIN website link

Paris | CAPITAL MARKETS AND STOCK EXCHANGE LAW | STOCK MARKET LITIGATION | CORPORATE CRIMINAL LAW

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Interview with Philippe Bouchez El Ghozi on the Finance Law Bill for 2024 that includes a new infraction: the offence of providing instruments to facilitate tax fraud. What does it involve? – Actu-Juridique, 12/10/2023

The Finance Commission is examining the Finance Act for 2024. . Among the measures it proposes are the creation of a new infraction, the offence of procuring instruments to facilitate tax evasion, and the creation of an additional tax penalty of “temporary suspension of the right to benefit from reductions and credits in income tax […]

Paris | WHITE COLLAR CRIME – COMPLIANCE – INTERNAL INVESTIGATIONS

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La position AMF DOC-2023-07 confirmant les orientations de l’ABE sur l’utilisation de solutions d’entrée en relation d’affaires à distance : une étape de plus vers l’harmonisation des pratiques en matière de LCB-FT, Bulletin Joly Bourse, 29/09/2023

In its position of July 28, 2023, the AMF declares that it is applying all the guidelines issued by the EBA concerning “the use of remote business relationship entry solutions”, published on November 22, 2022 and applicable from October 2, 2023. Here’s what our teams have to say.

Paris | BANK-FINANCE-REGULATORY

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Imprevision and transfer of shares: constitutionality of Article L. 211-40-1 of the CMF – Option finance, 03/07/2023

Dans sa décision du 26 mai dernier, le Conseil constitutionnel a déclaré conforme à la Constitution l’article L. 211-40-1 du Code monétaire et financier qui prévoit une dérogation au mécanisme d’imprévision de l’article 1195 du Code civil en matière d’opérations sur titres et contrats financiers.  

Paris | CORPORATE – M&A – PRIVATE EQUITY

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The Breach of a Mediation Clause Can Go Unpunished Under French Law: What to do? – Kluwer Arbitration Blog, 03/07/2023

The French Supreme Court (“Cour de cassation”) has ruled (1st February 2023, No. 21-25.024) that the breach of a mediation clause is not a matter of jurisdiction and as such cannot lead to the annulment of an award in which a tribunal has retained its jurisdiction, even though the mediation process has not been implemented prior […]

Paris | LITIGATION – ARBITRATION – MEDIATION | COMMERCIAL AND INVESTMENT ARBITRATION | MEDIATION

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Foreign investment control deserves greater transparency – L’Agefi, 08/06/2023 – Quote by Karl Hepp de Sevelinges and Ruben Koslar

Quel que soit le nom employé – autonomie stratégique, souveraineté économique, reconquête industrielle, etc. -, les investissements étrangers en France figurent en bonne place dans le débat. La révision des lignes directrices de leur contrôle pourrait donner l’occasion à Bercy de préciser ses exigences. Explications avec Karl Hepp de Sevelinges, associé et Ruben Koslar, counsel […]

Paris | MERGERS & ACQUISITIONS

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