Jean-François Adelle advises financial institutions, investment funds and major French and international groups on transactional, regulatory and litigation matters (mainly in international cases). He heads the firm’s Legal Opinions Committee.
He assists clients in a wide range of general and structured finance transactions: fund financings, asset-based facilities, acquisition financings, equity and debt financings, bond issues, project financings (energy, telecom), trade finance, as well as in refinancing, debt restructuring, acquisitions and disposals of claim portfolios (including NPLs) and cash management transactions.
His practice also includes regulatory advice and financial engineering related to credit disintermediation (debt funds, alternative financing, crowdfunding platforms, etc.), payments, crypto-assets, financial product marketing, trust, derivatives and prime bokerage.
Finally, he provides his clients with expertise in litigation matters before state or arbitral courts in disputes relating to financial transactions (financial sanctions, wrongful termination, claw back, enforcement of security interests, liability claims, etc.), mainly in international cases.
Jean-François is the author of many publications and is a frequent speaker at conferences on financial and banking matters. He is Senior Vice-Chair of the Banking Law Committee of the International Banking Law Committee. He has also led the work that inspired legislative reforms in the areas of trusts and security interests, as well as the ad hoc regime for security trustees. He co-chaired the Work Stream International Financing of the ICC Financial Institutions and International Arbitration Task Force (2016).
Skills
Lawyer since : 1979
Bar. : Paris
Language(s) : French - English
Training :
- Specialized Graduate Studies Diploma of Counsel and Corporate Lawyer (DESS) – University of Lorraine
- Graduate Study Diploma (DEA) in in Community Law – University Panthéon-Assas (Paris II)
- Institute of comparative law – University Panthéon-Assas (Paris II)
- Sciences Po – Paris (economic and social policy section) (alumni)
- LL.M, Penn
Member of :
- International Bar Association (IBA) – Senior Vice Chair du Banking Law Committee (2022-2023)
- International Chamber of Commerce (ICC)
- Paris Europlace, Financial law committee – chair of the fiducie and security law committee (2003 – 2011)
- Association européenne de droit bancaire et financier (AEDBF)
Publications
- Enhanced secured creditors in France after cornerstone reform of security law and collective proceedings of 15 september 2021 – Butterworths Journal of International Banking and Financial Law, 01/02/2022
- Enhanced secured creditors in france after cornerstone reform of security law and collective proceedings of september 15, 2021, october 2021
- IBA Banking Law Committee Survey: Covid-19 emergency measures relating to funding and claims recovery, november 2020
- Asset-backed credit: a relevant financing tool for companies weakened by the covid crisis19 – La lettre du trésorier, September 2020
- Support for asset-based financing as a relay for EMPs: exceptional government measure in favor of factoring – Option Droit & Affaires, update 28/09/2020
- Derivatives 2020 – International comparative legal guide French Chapter
- Decoding: “Brexit, the new Withdrawal Agreement” – 01/01/2020
- Best practices, legal certainty and dispute resolution under French law
- Converging reform of security law and insolvency law in France
- French collateral trust, an attractive mechanism to support asset-based lending in France, 15/09/2019
- Brexit : French update as of D-25 days
- Nantissement de titres financiers enregistrés sur un DLT (blockchain) : reconnaissance d’une universalité fictive – Option finance, 21/01/2019
- 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
- Motion Picture Finance, IBA, Rome, 10 October 2018
- Trends and perspectives of international arbitration in disputes involving financial institutions, (avec A. Fessas ICC Secretary general, Mohamed Abel Wahab (FCIarb), Jeffrey Goldman (chairman, PRIME Finance)), IBA, Rome, October 2018
- L’arbitrage dans les financements bancaires, FBF CCI France, avec Charles Nairac (White & Case), 29 mai 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, Malta, mars 2018
- Sapin II : le nouveau marché de la dette, DII, Paris, Octobre 2017
- Insolvency in Step in rights in project finance, IBA, Washington DC, September 2017
- Funding Africa’s growth, IBA, Paris, 2016
- Sanctions libyennes : Impact sur la conclusion et l’exécution des contrats de crédit et de garantie, CIAN, Paris, 2015
- Finance islamique, Applications et perspectives au Maroc, 5e convention des Juristes de la Méditerranée, Rabat, Octobre 2013
- Interbanks relations, a house divided, IBA, Washington, 2013
- Paris Europlace Caisse des dépôts, la Fiducie en action, Gestion de crédits, Paris, 2012
- Financements internationaux : reconnaissance en droit français du trust et de la parallel debt, avec Emmanuelle Naulais, Option Finance, 10 octobre 2011
- Technical Guides EACT: Regulatory framework, legal and tax constraints for centralized cash management. Rédaction du chapitre France, European Association of Corporate Treasurers, Numéro spécial EACT, March 2009
- L’évolution récente du droit chinois : ouverture ou protectionnisme ? avec Emmanuel Meril, La Revue Internationale et Stratégique, n°81, printemps 2011
- L’agent des sûretés en droit français : pour une clarification des régimes de l’article 2328-1 du Code civil et de la fiducie de sûretés, Revue de droit bancaire et financier n°5 de Septembre-Octobre 2010, (aussi publié in : Trusts e attività fiduciarie N° 3/2011)
- Enforcement of different security agent structures: parallel debt, trusts and alternative solutions, 29th International Financial Law Conference, Istanbul, October 2010
- International Guide to Hedge Fund Regulation’, Chapitre France, Mason and Cornish, Bloomsbury Publishing Plc, 2009
- Bank confidentiality, IBA, Singapore, 2007
- La fiducie-sûreté, facteur de compétitivité du droit du financement français, Etudes à la mémoire de Fernand-Charles Jeantet, Coll. Mélanges, LexisNexis – LITEC (2010)
- Assisted Telecom Invest in the establishment of a management trust with Natixis.
- Assisted Banco Santander S.A. with the setup a bridge facility agreement and an ancillary overdraft facility agreement to the benefit of Axa IM InMOTION RCF FUND
- Assisted Enbridge in connection with three offshore wind farm financings off Fécamp, Courseulles and in Mediterranean Sea.
- Assisted CRODA International PLC, CRODA INC and SEDERMA SAS in the contexte of a multi-currency issuance of notes to the benefit of pension fund.
- Assisted Coface Finanz in connection with international financing.
- Assistance to EDFI Management Company NV in connection with the financing of the purchase/refinancing of solar installations and associated energy efficient equipment and appliances for distribution in Mali and Niger.
- Assisted Chinese bank in connection with the protection of their rights and sale of their interests in multi-currency RCF facility to Casino Guichard Perrachon, in the context of Rallye SA and Foncière Euris’ safeguards
- Assisted Innergex Inc, / wind energy producer in relation with the refinancing by Saar LB and BPI France of project loans granted by Commerzbank and Nord LB in connection with wind farms in France
- Assisted Enbridge Inc. in connection with the financing of offshore wind farms in Saint Nazaire by an international syndicate of banks including parent equity support
- Assisted ABN AMRO Bank NV in connection with asset based and netting lending arrangement to Planon France SAS
- Assisted Ceetrus SA in connection with project company subsidiary mezzanine financing and related hedging arrangements for property developments in Italy
- Assisted Swedbank AB (PUBL) in relation with the re financing of French subsidiaries of Brenderup Holding AB
- Assisted Europe Equity VI in connection with multicurrency uncommitted revolving bridge facility agreement
- Assisted Assicurazioni Generali in its indirect cash pooling arrangement
- Assisted for Eurofins Scientific in connection with several listed bond issues
JEANTET ADVISES THE AMERICAN FUND THOMA BRAVO IN ITS ACQUISITION OF TALEND
Paris, May 20th 2022 – Jeantet advised US investment fund Thoma Bravo in its financing of the acquisition of the Talend group, a leader in the field of integration and data integrity to the cloud valued at 2.4 billion US dollars. The transaction was financed by a bank debt arranged by the American fund Owl […]
Paris | BANK-FINANCE-REGULATORY
Jeantet advises FGI Worldwide on the financing of the ACAL BFI Group
Paris, 21 April 2022, Jeantet advised the US financing company FGI Worldwide LLC in support of the acquisition of the Acal BFI group by H2 Equity Partners. The credit facility was structured as an asset-based lending facility backed by a pool of assets in across multiple jurisdictions in Europe. ACAL BFi is a pan-European supplier […]
Paris | FINANCING | FINANCING
Enhanced secured creditors in France after cornerstone reform of security law and collective proceedings of 15 september 2021 – Butterworths Journal of International Banking and Financial Law, 01/02/2022
Jean-François Adelle reviews the reform on security interests and collective proceedings of September 15, 2021.
Paris | FINANCING | INSOLVENCY PROCEEDINGS
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 […]
Paris | INSOLVENCY PROCEEDINGS | RESTRUCTURING – LAW OF COMPANIES IN DIFFICULTY | BANK-FINANCE-REGULATORY
Jeantet on the acquisition of Emagine Group by Prodata Consult
Paris, September 20, 2021, Jeantet acted on the sale of emagine Group by its founders and managers and by the investment fund MBO&CO to ProData Consult A/S, supported by the Danish investment fund Axcel. The emagine group has been involved in IT, digital and cyber security projects in more than 24 countries, with offices in […]
Franco-German team, Paris | CORPORATE – M&A – PRIVATE EQUITY | BANK-FINANCE-REGULATORY | EMPLOYMENT | IP, TECH & DATA | REAL ESTATE
Jeantet advised Telecom Invest in the establishment of a management trust with Natixis
Paris, 12th April 2021 – Jeantet AARPI advised Telecom Invest in the establishment of a management trust with Natixis CIB, fiduciary.
Paris | FINANCING
Covid-19: Adapting measures to help businesses – focus on state-guaranteed loans (so called “PGE”), 01/26/2021
Following the return of the restriction and containment measures linked to the second wave of Covid-19, some economic aid and emergency measures set during the first wave of the pandemic have been reactivated, amplified and completed. In this context, the State-guaranteed loans (so-called « PGE ») system has been extended and modified for the current PGEs. Introduced […]
Covid-19: Focus on revised EBA guidelines on legislative and non-legislative moratoria on loan repayment
In response to the persistent health crisis due to the outbreak of the Covid‑19 pandemic, the European Banking Authority (EBA) decided on 2 December 2020 to revise and reactivate its guidelines on legislative and non-legislative moratoria on loan repayments (EBA/GL/2020/02, originally issued on 2 April 2020) (the “Guidelines“). The purpose of this decision is to […]
Paris
Legislative reversal regarding the nullity of clauses limiting the assignment of receivables
Recently, the Law No. 2020-1508 of 3 December 2020 containing various provisions adapting to European Union law on economic and financial matters (so-called “DDADUE law”) dated 3 December 2020 has empowered the government to implement several European directives in the field of financial law into national law but has also brought a legislative shift in […]
Paris
Second wave of Covid-19 in France: adapting emergency measures – overview
The extension of the state of public health emergency by a law of 14 November 2020[1] due to the second wave of the Covid‑19 epidemic and the related restrictions and lockdown measures in France, rendered necessary the reactivation, amplification or supplementation of pre-existing measures to help companies overcome their negative effects. [1] Law n°2020-1379 dated […]
New European framework for crowdfunding
Crowdfunding has emerged in recent years as a new form of alternative finance for start-ups and small and medium-sized enterprises, further restricting the banking monopoly, particularly through the techniques of crowdequity (raising capital by offering Internet users equity investments) and crowdlending (raising capital by borrowing from Internet users). Increasingly appreciated and used by companies unable […]
Paris
Covid-19: Adaptation of measures to support business financing – focus on the system of equity loans granted by the state
In the context of the Covid-19 health crisis and its repercussions on economic activity, and as part of the exceptional measures set up by the government to support companies affected by it, the 2nd Amended Finance Law for 2020 No. 2020-473 of 25 April 2020 supplemented by decree No. 2020-1314 of 30 October 2020 (the “Decree”) set […]
Paris