Brice Mathieu

Subscribe to all posts by Brice Mathieu

The fiducie-sûreté: the most effective French security interest?

The French fiducie, introduced following years of debate into French law in 2007, is directly inspired by the English trust mechanism.  Even though there is no significant case law supporting this, some academics have gone so far as to refer to this mechanism as “the queen of securities”.  It has also been made more attractive … Continue Reading

The Macron Bill about to introduce a right to remove shareholders of distressed companies: a new threat for investors or new opportunities for creditors of French companies in need of turnaround?

In its 2014 insolvency reforms, the French Government contemplated allowing a French Commercial Court (Tribunal de commerce), faced with a company under judicial reorganisation (redressement judiciaire), to remove that company’s shareholders. In the end, the Government did not include such proposal in the 2014 legislation for fear that the French Constitutional Court (Conseil Constitutionnel) would … Continue Reading