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Composition administrative : des effets pervers pour celui qui ne transige pas ? – Finascope, 01/25/2022

Frank Martin-Laprade writes a new legal column on Finascope.fr The administrative composition, which can now be proposed to any person implicated by the AMF Board – and no longer only to professionals under the disciplinary supervision of the stock market regulator – including for grievances related to market abuse (insider trading, dissemination of false or […]

Publications

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

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AMF et ACPR : analyse comparative des procédures de contrôle et de sanction – Bulletin Joly Bourse, 01/01/2022

On September 27, 2021, the AMF published an update of its investigation and control charters. The ACPR, for its part, has not revised its charter for conducting an on-site inspection mission since June 2014, which, for example, still mentions in the introduction that the ACPR is an AAI, even though its status changed with Law […]

Publications

Paris | BANK-FINANCE-REGULATORY

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[FLASH NEWS] Commercial leases: when is an exclusively upward indexation clause divisible?

By a decision of January 12, 2022 n°21-11.169, the 3rd civil chamber of the Court of Cassation consolidates its jurisprudence on indexation clauses deemed not written. The Supreme Court thus considers that the mention of the determining and essential character of the indexation clause in the lessor’s consent is not sufficient to pronounce its indivisibility. […]

Paris | REAL ESTATE

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Alignement des intérêts dans le private equity et la sécurisation de la fiscalité des management packages – Option Droit & Affaires, 05/01/2022

Jacques-Henry de Bourmont participated in the round table organized by Option Droit & Affaires entitled Alignment of interests in private equity and securing the taxation of management packages. Six experts take stock of the social and fiscal case law relating to management packages and the uncertainties arising therefrom and analyze the risks associated with existing […]

Medias

Paris | PRIVATE EQUITY | TAX | MANAGEMENT

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Contrôle des investissements étrangers : protéger l’innovation des énergies renouvelables – Journal de l’éolien, 01/12/2021

The recent decree of September 10, 2021 is an opportunity to revisit the foreign direct investment (FDI) policing system. Through this reform, R&D activities involving renewable energy production technologies benefit from a form of control designed to ensure the protection of activities that are essential to guarantee the greening of the French energy mix. Thus, […]

Publications

Paris | ENERGY | MERGERS & ACQUISITIONS (large & mid cap)

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Le Code Middlenext se met au goût du jour – Bulletin Joly Bourse, 01/11/2021

True to its character of combining flexibility, pragmatism and a culture of responsibility, the third version of the Middlenext Code emphasizes the “societal commitment” expected from companies. Under the dual influence of the legislative movement, in particular the PACTE law, and the expectations of civil society, the Code reinforces, through concrete recommendations, the consideration of […]

Publications

Paris | CORPORATE LAW AND GOVERNANCE

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Transition énergétique – Vers un nouveau durcissement progressif de la réglementation encadrant la rénovation énergétique des bâtiments – Loyers et Copropriété, 01/12/2021

Energy renovation of buildings is a national responsibility, and the government has been steadily developing a progressive but strict regulatory framework with an arsenal of measures that will eventually require all buildings to reduce their environmental impact and meet minimum performance standards. The “green value” in real estate is therefore emerging this time to ensure […]

Publications

Paris | REAL ESTATE | ENERGY TRANSITION AND CLIMATE CHANGE

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Enhanced secured creditors in france after cornerstone reform of security law and collective proceedings of september 15, 2021, october 2021

Ordinances n°2021-1192 and 2021-1193 of September 15, 2021, respectively reforming security law and amending Book VI of the French Commercial Code, implement mandates of the PACTE Law of May 22, 2019[1] to: modernize security law[2], improve the articulation of security law with collective proceedings law[3] and transpose the (EU) Directive 2019/1023 of June 20, 2019[4], known as […]

Publications

Paris | INSOLVENCY PROCEEDINGS | RESTRUCTURING – LAW OF COMPANIES IN DIFFICULTY | BANK-FINANCE-REGULATORY

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