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

By Anker Sorensen & Brice Mathieu on November 3, 2015
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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 for both borrowers and lenders as the 2014 Amending Budget Law modified the fiducie’s tax treatment, which was previously considered as unsuitable.

Read the full article, “The fiducie-sûreté: the most effective French security interest?” by clicking here. (PDF)

Photo of Anker Sorensen Anker Sorensen

Anker is a senior partner of the Financial Industry Group of the firm, practicing predominately in the area of Commercial Restructuring & Corporate with extensive experience in upper mid-market M&A work including in particular the sale and acquisition of underperforming companies, complex joint…

Anker is a senior partner of the Financial Industry Group of the firm, practicing predominately in the area of Commercial Restructuring & Corporate with extensive experience in upper mid-market M&A work including in particular the sale and acquisition of underperforming companies, complex joint ventures, pre-bankruptcy strategy, restructuring companies, debt restructuring and related litigation.

Anker is one of the founding members of the French Division of the Turn Around Management Association (TMA), which he chaired until September 2007; and a member of the Editorial Board of the monthly publication “International Corporate Rescue”.

Anker gained extensive exposure and experience in the restructuring field after the publication of two of his books in English (Corporate Rescue Procedures in France and Director’s liabilities in case of insolvency) in 1996 and 1999. Over the years, a number of large foreign clients, for whom Anker worked on pure restructuring matters, also instructed him on transactional work and large cross border projects.

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Photo of Brice Mathieu Brice Mathieu
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  • Posted in:
    Business and Commercial
  • Blog:
    Global Restructuring Watch
  • Organization:
    Reed Smith LLP
  • Article: View Original Source

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