2020 took uncertainty to new heights. Deals came to an abrupt halt in Q2 as corporates focused on preserving cash and stabilizing their businesses in the wake of the COVID-19 pandemic. Private equity firms looked for...more
An order was published on December 23, 2020, amending the order of September 5, 2007, relating to the nonfinancial activities that French investment firms may conduct.
As a matter of principle, and similarly to credit...more
The European Union's new reporting requirement under Regulation (EU) 2015/2365 of November 25, 2015—known as the Securities Financing Transactions Regulation ("SFTR")—will go into effect beginning on April 11, 2020, for...more
The Fédération Bancaire Française ("FBF") published in February 2020, two new sets of documentation to enable users of the FBF market documentation to comply with the requirements of Regulation (EU) 2016/1011 of June 8, 2016,...more
The Situation: The increased use of financial sanctions (in particular "sectoral" or targeted sanctions) by the United States and European Union has the potential to cause short-term illiquidity, contagion, and market...more
Recent laws—such as the 2016 Sapin 2 Law and the new EU General Data Protection Regulation—provide for rules that are intended to ensure compliance with the French Blocking Statute, which prohibits any French party from...more
6/18/2019
/ Blocking Statutes ,
Cross-Border ,
Data Protection ,
Discovery ,
Document Productions ,
Evidence ,
Extraterritoriality Rules ,
France ,
General Data Protection Regulation (GDPR) ,
Hague Convention ,
Litigation Strategies ,
Regulatory Standards
The Situation: In the event of a "hard Brexit," establishing a new contractual framework with EU-based clients will be a protracted and costly task for investment service providers based in London.
The Result: The French...more
The endorsement of Europe's largest asset management association should promote use of the new 2002 ISDA Master Agreement (French law) on the European OTC derivatives market....more
The Situation: In 2017, French authorities amended laws to permit the use of blockchain, or distributed ledger technology ("DLT"), for trading nonlisted securities.
The Result: The regulation governing the use of DLTs and...more
The Situation: The French government has presented a new bill in order to prepare for a "Hard" Brexit scenario.
The Result: If the United Kingdom leaves the European Union in March 2019 without an overall deal—or with a...more
11/9/2018
/ Consumer Financial Products ,
Cross-Border ,
EU ,
European Economic Area (EEA) ,
Financial Services Industry ,
France ,
Insolvency ,
ISDA ,
Legacy Contracts ,
Safe Harbors ,
UK ,
UK Brexit
The Situation: The Legal High Committee for Financial Markets of Paris ("HCJP") recently published a synopsis of its three Brexit reports on contracts continuity.
The Result: In the event of the United Kingdom crashing out...more
9/5/2018
/ Banking Sector ,
Consumer Financial Products ,
Cross-Border ,
EU ,
European Commission ,
Financial Services Industry ,
France ,
Investment ,
Third Country Entities (TCEs) ,
UK ,
UK Brexit
The Situation: English law-governed documents have largely dominated the European swaps and derivatives markets since the landmark ISDA Master Agreement was published in 1987.
The Development: The International Swaps and...more
7/2/2018
/ Brussels Regulation ,
Choice-of-Law ,
Cross-Border ,
Derivatives ,
EU ,
Financial Instruments ,
Foreign Jurisdictions ,
France ,
ISDA ,
ISDA Master Agreement ,
Over The Counter Derivatives (OTC) ,
UK Brexit
The Situation: Delayed by two months, the long-awaited bill of President Macron's government relating to economic reforms and simplification of companies' day-to-day operations was tabled to the Cabinet on June 22, 2018....more
7/2/2018
/ Capital Markets ,
Cryptocurrency ,
EU ,
Financial Collateral Directive (FCD) ,
Financial Institutions ,
Financial Markets ,
Financial Regulatory Reform ,
Financial Services Industry ,
Foreign Investment ,
France ,
Initial Coin Offering (ICOs) ,
President Macron ,
Privatization ,
Proposed Legislation ,
Regulatory Agenda ,
Risk Management ,
UK Brexit
President Trump has signed into law the Economic Growth, Regulatory Relief, and Consumer Protection Act ("Act"), with the principal goals of promoting U.S. economic growth, recalibrating burdensome rules, and strengthening...more
6/11/2018
/ Banks ,
Dodd-Frank ,
Economic Growth Regulatory Relief and Consumer Protection Act ,
Federal Reserve ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
Mortgage Loan Originators ,
Mortgages ,
Popular ,
Trump Administration ,
Volcker Rule
The Situation: Regulation (EC) No 593/2008 of the European Parliament and of the Council of June 17, 2008, on the law applicable to contractual obligations (Rome I Regulation) does not cover the question of third-party...more
4/19/2018
/ Capital Markets Union ,
Conflicts of Interest ,
Cross-Border ,
European Commission ,
Financial Instruments ,
France ,
Member State ,
Proposed Regulation ,
Rome Regulation ,
Securitization ,
Third-Party
The Situation: On October 4, 2017, ordinance no 2017-1432, which addresses the modernization of the legal regime of assets management and financing debt, was published.
The Result: The reform introduces four new exceptions...more
10/31/2017
/ AIFs ,
Asset Management ,
Banking Sector ,
Debt Financing ,
ELTIF ,
EU ,
France ,
Investment Funds ,
Loans ,
Minibons ,
Monopolization ,
Securitization