Expertise

Banking and Insurance

Our expertise

Insurance law

Both in advisory and litigation, our team has developed a significant practice in insurance law. Our team represents all types of stakeholders: insurers, mutual insurance companies, provident institutions, social protection groups, insurance intermediaries, and insured parties. With its strong experience, the team has expertise in life insurance, property and casualty insurance, reinsurance, as well as in insurance intermediation and distribution.

Banking Law

For more than 20 years, our team has been assisting credit institutions in their corporate banking activity, notably in an international context. Our expertise is particularly recognized with respect to Trade Finance and banker’s liability disputes. Our team also advises credit institutions in all aspects of their activity.

  • Insurance
    – Life insurance
    – Property & casualty insurance
    – Insurance intermediation
    – Distribution of insurance products
    – Reinsurance
    – Proceedings before supervisory and  regulatory authorities

  • Trade Finance
    – Foreign trade instruments (letters of credit, documentary collection, standby letters of credit, independent guarantees, bills of exchange) and their integration in complex contractual structuring (back-to-back L/Cs, assignment, reverse factoring)
    – Trade finance contracts (buyer’s credit, supplier’s credit, commodity trading financing)
    – Issues specific to international environments: international sanctions, seizures and immunity from execution (foreign states, foreign central banks), asymmetric jurisdiction clauses

  • Financing
    – Agreements for deconsolidating “Dailly” assignments of claims
    – Financing (structured or simple) of acquisitions, assets or WCR
    – Setting up securities under French law
    – Syndication agreements, risk participation agreements, subordination agreements…
    – Loan restructuring

  • Representing banking institutions in the context of legal proceedings
    – “Stop payment” emergency interim proceedings (with regards to independent guarantees)
    – Liability lawsuits in relation to fraud (“Fake President” frauds, IT frauds, cryptocurrency frauds …), erroneous execution of payment orders, wrongful termination of credits, …
    – Disputes with corporate clients

  • Representing banking institutions in the context of bankruptcy proceedings
    – Conciliation, “ad hoc mandate”, creditors’ committees
    – Filing claims or defending against their contestation, obtaining the allocation of a secured asset
    – Managing lines of signed commitments during the observation period
    – Controller mission

  • Assisting credit institutions in their internal management
    – Customer relations: terms and conditions, account opening agreements, cash pooling agreements, specific master agreements
    – Transfer of non-performing loan portfolios (NPL),
    – Ensuring compliance with regulations (internal audit, subcontracting, compliance…) and assisting in drafting internal documentation
    – Relations with ACPR (French supervisory authority), notably in the context of inspection missions
    – Banking intermediation

  • Insurance
    – French insurance companies
    – Foreign insurers
    – Mutual insurers companies
    – Provident institutions
    – Social protection groups
    – Brokers
    – General agents
    – Insurance intermediary representatives

  • Banks
    – Large French banks
    – French subsidiaries of foreign banks
    – Foreign banks not established in France
    – Cooperative banks
    – Banks specialised in a specific business or a specific geographic region

  • Drafting of agreements for deconsolidating “Dailly” assignments of claim portfolios
  • Representing a banking group in the context of various liability proceedings further to payment instruments frauds
  • Training in independent guarantees for a bank
  • Representing banks in “stop payment” proceedings with regards to first rank guarantees or counter-guarantees
  • Revising the standard contracts used by a bank for collaterals granted by clients
  • Representing a bank in a liability lawsuit in relation to a letter of credit
  • Assisting a bank with regards to a company in bankruptcy benefitting from a line of “Dailly” assignment and managing the recourses against the assigned debtors
  • Assisting a bank in the context of the sale of a portfolio of non-performing loans (NPL)
  • Representing a consultant in an ICC arbitration held in English
  • Assisting a bank with regards to a company in bankruptcy benefitting from a syndicated loan secured by a pledge on the trademark on the one hand, and a line of letters of credit on the other hand
  • Restructuring the financing of a building
  • Representing banks, both in capacity of defendant and plaintiff, vis-à-vis a dealer in petroleum products from a Gulf country that had received various credits, including by issuance of letters of credit and stand-by letters of credit, and had ceased all reimbursement further to financial difficulties
  • Assisting a syndicate of banks in connection with the complex financing of a WCR, a producer of Malagasy shrimp and its French, Portuguese and Spanish distribution companies
  • Representing a foreign company in an ICC arbitration concerning a contract governed by English law

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