Practice Areas

Elfassy Barrès Associés is a law firm with a high level of expertise in structuring and negotiating, and the regulatory aspects of, a wide range of transactions executed on the capital and banking markets.

Elfassy Barrès Associés also assists its clients with any disputes or litigation they may be faced with concerning disciplinary, judicial or tax related matters.

FINANCIAL PRODUCTS AND MARKETS

  • Legal engineering: setting up the most suitable issuance structures for equity and/or debt
  • Negotiation and drafting of EMTN programmes or stand-alone documentation
  • Advising on, negotiating and drafting OTC master agreements for derivative products (ISDA, FBF, EuroMaster) or securities lending transactions (GMRA, GMSLA…)
  • Advising on procedure, credit enhancement, etc. for admission of securities to trading on European regulated markets, collateralisation mechanisms, settlement-delivery issues, credit enhancement
  • Advising on adjustment mechanisms and any other types of corporate events

DEBT ISSUES / PUBLIC OFFERS / DERIVATIVES PRODUCTS / ISDA® / FBF / COLLATERAL / FINANCIAL GUARANTEES / ADJUSTMENT PROVISIONS

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SECURITISATION

  • Securitisation transactions on all types of assets (trade receivables loans, whole business, bank cards, CMBS, RMBS, insurance premiums, etc...)
  • Structuring, drafting and negotiating the documentation for transactions both domestic (FCT/ST, special purpose vehicles, conduits) or international
  • Formation of management companies (OPCVM - "UCITS" - and Securitisation Vehicles)

TRADE RECEIVABLES / CMBS / RMBS / SME CLO / SYNTHETIC / TANGIBLE ASSETS

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LITIGATION & ARBITRATION

  • Assistance and representation in connection with any banking, financial or stock market related disputes or litigation
  • Litigation in disciplinary matters
  • Litigation relating to capital markets activities
  • Litigation relating to investment service provider liability
  • Litigation relating to debt collection and insolvency proceedings

BANKING / FINANCIAL / STOCK MARKET / LIGITATION

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STRUCTURED FINANCING

  • Negotiation and drafting of documentation for all types of plain vanilla or structured financings, bi-lateral or syndicated lending
  • Capital leasing, finance leasing, factoring, cash pooling
  • Acquisition finance, project finance, inventory and vehicle fleet financing
  • Debt restructuring

FINANCINGS / SYNDICATED LOANS / DEBT RESTRUCTURING

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REGULATORY

  • Preparing investment service provider applications for regulatory approval
  • Assistance with and implementation of conflict of interest management in respect of the MIFID regulations, drafting Terms of Business
  • Advising on issues relating to marketing of complex financial instruments or payment of distribution commission
  • Assistance and negotiation with the supervisory authorities or market regulators (notably, the French Autorité de Contrôle Prudentiel, Autorité des Marchés Financiers, or the Luxembourg Commission de Surveillance du Secteur Financier) or any other relevant European regulatory authority
  • Assistance in relations with stock markets and rating agencies

APPLICATIONS FOR REGULATORY APPROVAL / MIF / TERMS OF BUSINESS / STOCK MARKET / AMF / ACP / CSSF

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TAXATION

  • Advising on direct and indirect tax treatment of debt issues and structured transactions
  • Assistance with tax ruling procedures

DEBT ISSUES / TAX RULING

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