COMMERCIAL LAW / CORPORATE LAW
- Skills
- drafting and negotiation of all contracts for the purposes of creating and carrying on a business (pre-contracts, NDA, purchase, sale, transfer/license of trademark, commercial lease etc...)
- introduction of debt-recovery proceedings and assistance of the creditor within the context of insolvency proceedings (statement of claim on behalf of the creditor, contacts with procedure appatus - receiver, representative of creditors - management of suspension of individual lawsuits...)
- assistance in due diligences and drafting of audit reports indentifying litigation matters, contractual and liability/ regulatory issues.
- contribution to the drafting of a guarantee agreement (based on audit reports) and assistance in the implementation of a guarantee agreement
- assistance in the creation and incorporation of commercial companies
- Selected operations
- assistance of any commercial and industrial companies in the review and negotiation of commercial leases, within the context of their execution or renewal
- assistance of a foreign supplier in the food-industry sector within the context of a debt-recovery proceedings against a French distributor under liquidation (introduction of the legal action before bankruptcy, coordination of proceedings in France and Italy)
- participation in data-rooms in all types of sectors: food-industry, healthcare, transport, industry, services (media, entertainment, equipment)
- Related publications
- Infringing the legal cap on payment terms is now punishable by a fine of 2 million euros (see publication)
- The legal cap on payment terms in international contracts: the French case (see publication)
- The trial period as a way to avoid the commercial agent’s indemnification (see publication)
- Joint-venture : the framework agreement as a necessary prerequisite (Impulser , septembre 2006)
- Joint-venture : PME-PMI, beware of weddings without contractual precautions (Le Moci, 19/10/06)
- Which compensation in case of a faulty breach of discussions (Option Finance, 11/12/06)
- The soft reform of sales (Fashion Daily News, 08/09/06)
- Updated news on general conditions terms since 2005: what is new for industrial? (Cahiers juridiques – Journal des Fluides, novembre 2007)
- Commercial practices: first overview (Les Echos, 5 décembre 2007)
- The importance of being compliant with new compulsory payment terms (Usine Nouvelle, juin 2009)
- Payment terms: the new rules in 3 questions (Revue de la Confédération Générale du Patronat des Petites et Moyennes Entreprises – CGPME, juillet 2009)
- Useful information on the application of maximum contractual paymeent terms effective since January 1, 2009 (see publication)
- Automatic application of late penalties in the absence of a contractual clause (see publication)
- Maximum contractual payment terms effective since January 1, 2009: recent developments (see publication)
- Joint and several liability of parent companies for infringements of competition rules by their susbsidiaries (see publication)
- Unfair commercial practices: the advertiser, even when acting in good faith, is solely liable in case of misleading practices (see publication)