Project:
General legal advice and assistance to incorporate a Dutch company.
Company:
French companies.
Pennec Legal Consultancy worked:
- providing general legal advice and assistance;
- drafting required legal documentation (articles of association; power of attorney; etc) together with the Dutch notary;
- liaising with the French client, the Dutch notary, the tax advisor(s) and any other Dutch authority.
Result (in progress):
Efficient preparation (timing and costs) of the incorporation of a Dutch company and any other legal documentation required for starting doing business in the Netherlands.
Project:
General legal follow-up of different Dutch companies with French parent companies.
Company:
Franco-Dutch companies.
Pennec Legal Consultancy worked:
- providing general legal advice;
- drafting day-to-day necessary legal documentation (board resolutions; powers of attorney…);
- compliance with the legal and regulatory framework and the group's legal policy;
- drafting articles of association;
- drafting legal documentation for the annual accounts;
- analysing contracts.
Result (in progress):
Legal follow-up of Dutch companies in consultation with French lawyers of the French parent companies.
Project:
Restructuring of the Dutch companies of a major French pharmaceutical group.
Company:
French pharmaceutical group operating across the globe.
Pennec Legal Consultancy worked:
- on drafting deeds amending the articles of association of the Dutch companies and foundation;
- on drafting deeds establishing Dutch companies;
- on drafting deeds of share transfer, deeds decertifying shares and deeds formalising contributions in kind;
- on drafting all necessary legal documentation (in French and in Dutch);
- as a team member of the working group set up to develop an optimal structure;
- on coordinating the closing together with in-house French lawyers;
- maintaining close cooperation with the Dutch notary and French lawyers.
Result:
A new efficient legal structure for the group.
Project:
Restructuring and repairing the entire French property portfolio and of the collateral.
Company:
Dutch financial organization.
Pennec Legal Consultancy worked:
Legal advice to the business unit of the bank in the areas of French/Dutch:
- corporate law, including corporate litigation;
- financing and restructuring;
- contract law;
- property law, attachment and enforcement;
- insolvency law.
Activities included:
- assignment of claims/loans between the financial company and third parties; analysing loan and security documentation;
- drafting and preparing closing;
- assisting in the different procedures and consulting with the bankruptcy trustee, clients and private detectives in the framework of a moratorium on payments/bankruptcy of clients in the Netherlands and/or France;
- review of documentation concerning loans and securities, their extension and amendment; cooperation agreements, asset agreements, standstill agreements, shareholder agreements, cooperation agreements, non-disclosure agreements;
- levying execution on collateral, assistance in the levying of attachments, drafting notices requiring payment, writs, auction and redemption of mortgages in consultation with French and Dutch lawyers/notaries;
- assistance and consultation with French and Dutch law firms involved in the projects in proceedings before French and Dutch courts.
Result:
Optimal restructuring of the French loan portfolio.
Project:
Assignment of claim in a high risk complex property project in the French loans portfolio of a Dutch bank.
Company:
Dutch bank.
Pennec Legal Consultancy worked:
- legal advice in negotiations with different potential buyers;
- internal due diligence on loans, securities documentation and corporate documentation;
- French and Dutch legal advice in the areas of corporate law, property law, financing and corporate governance;
- drafting and checking different protocols and draft deeds of assignment under French law;
- preparing pre-closing and closing in France;
- coordinating the project with French lawyers and the French notary;
- preparing all post-closure stages.
Result:
Optimal assignment of the claim without reputational risks to the bank in the future.
Project:
In-depth legal investigation of the history of a complex property project in the French loans portfolio of a bank.
Company:
Dutch bank.
Pennec Legal Consultancy worked:
- study and analysis of all existing legal documentation with respect to this project;
- French and Dutch legal advice in the areas of corporate law, property law, financing and corporate governance;
- analysis and monitoring of the internal approval procedure within the bank for this project;
- preparation of internal legal reports and conclusions on the project.
Result:
Clear legal picture of the history of the project.
Project:
Review of the reorganisation of the company, drafting the documentation and insertion of different corporate bodies into the board of a Dutch company following the death of the founder/director of the family company's French parent company.
Company:
French family company.
Pennec Legal Consultancy worked:
- review and amendment of the Dutch company's articles of association;
- check of the translation from French into Dutch of the articles of association;
- drafting all necessary legal documentation (in French or in Dutch);
- collaboration with the working group set up by the family company;
- contact with the Dutch notary and French lawyers.
Result:
New articles of association of the Dutch company amended in line with the wishes of the French parent company.
Project:
Preparation for the sale of a French and Dutch loans portfolio.
Company:
Dutch financial organization.
Pennec Legal Consultancy worked:
- drafting of non-disclosure agreements;
- preparation of the data room, data room process, data room protocol and due diligence reporting;
- legal advice in negotiations with different potential buyers;
- French and Dutch legal advice in the areas of corporate law, property law, financing and corporate governance;
- coordinating the project with French lawyers and a French notary.
Result:
Efficient and optimal preparation of the sale of the French property financing portfolio.
Project:
Sale-purchase of important properties in France.
Client:
Dutch private persons.
Pennec Legal Consultancy worked:
- Legal advice on the preliminary agreement of sale;
- Contact with the French real estate agent;
- Contact with the French notary;
- Assistance for the signing of the preliminary agreement of sale;
- Contact with various French authorities (SAFER; etc);
- Legal advice on the notarial deed of sale;
- Assistance for the signing of the notarial deed of sale;
- Legal assistance for all other required formalities.
Result:
Sale-purchase of properties in an effective and optimal way for the clients.
Project:
Renewal of lease contracts in "Résidences de tourisme" for Dutch owners.
Client:
Dutch private persons.
Pennec Legal Consultancy worked:
- Legal advice on proposals of renewal of lease contracts;
- Preparation of counter-proposals of renewal of lease contracts;
- Assessment of legal risks;
- Negotiations with the tenant developer;
Result:
Renewal of lease contracts in an effective and optimal way for the owners (Dutch private persons).
Project:
Legal assistance in French-Dutch projects.
Client:
De Brauw Blackstone Westbroek.
Pennec Legal Consultancy worked:
- Assessment of French legal documents;
Result:
Effective and optimal way of working for De Brauw Blackstone Westbroek.
