AlbanCaillemer du Ferrage

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Alban Caillemer du Ferrage is chair of the EMEA and APAC regions of Jones Day's Financial Markets Practice. His practice is global and expands over a broad range of asset classes. Alban has in-depth experience in handling the most complex banking and financial transactions and disputes.

His practice is particularly well recognized in derivatives, securities financing transactions (SFTs), and financial structured products. Alban has been acting as the official French counsel to the International Swaps and Derivatives Association (ISDA) for 25 years and to the International Capital Markets Association (ICMA), the Securities Industry and Financial Markets Association (SIFMA), the French Banking Federation (FBF), and the Association of German Banks (BDB) for many years. Alban has notably drafted the ISDA 2002 Master Agreement (French law) and its related collateral documentation.

He is recognized in the market for his mastery of the most sophisticated legal and regulatory issues and for the quality of his relations with regulators and institutions in the Paris financial marketplace.

In recent years, he has carried out a number of major assignments for multilateral global institutions on legislative and regulatory reforms in emerging countries in Asia, Africa, and the Caribbean.

Alban is a professor at the College of Law of the University of Paris II (Assas), a visiting professor at the French National School for the Judiciary (Ecole Nationale de la Magistrature/ENM), an expert and arbitrator at P.R.I.M.E. Finance (The Hague), and a governor of The UNIDROIT Foundation (International Institute for the Unification of Private Law).

He has authored many articles, publications, and reports on a range of financial and international private law issues.

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Experience

  • BNP Paribas issues €375 million Non-Dilutive Cash-Settled Zero Coupon Convertible Bonds linked to BNP Paribas sharesJones Day represented BNP Paribas, as issuer and sole bookrunner, in connection with the offering by BNP Paribas of €375 million Non-Dilutive Cash-Settled Zero Coupon Convertible Bonds due 2025 linked to BNP Paribas shares.
  • BNP Paribas completes three-year total return equity swap agreement with JAB Holdings N.V.Jones Day advised BNP Paribas in connection with a three-year total return equity swap agreement with JAB Holdings N.V. (JAB Holdings) for up to 6.5 million shares of Krispy Kreme, Inc., one of JAB Holdings' portfolio companies.
  • ISDA publishes ISDA U.S. Renewable Energy Certificate AnnexJones Day advised the International Swaps and Derivatives Association, Inc. (ISDA) in the development of the ISDA U.S. Renewable Energy Certificate Annex (REC Annex) to enable market participants to efficiently sell and purchase renewable energy certificates (RECs) under the ISDA Master Agreement.
  • Financial institution obtains advice regarding internal ISDA Benchmarks Supplement and ISDA IBOR presentationJones Day reviewed slide deck on behalf of a financial institution relating to its obligation regarding the bank's derivatives trading book under the Benchmarks Regulation and the implementation of fallbacks in derivatives documentation, notably the ISDA Benchmarks Supplement and the ISDA IBOR Fallbacks initiative.
  • Financial institution obtains assistance in drafting information notice relating to transaction documentationOn behalf of a financial institution, Jones Day drafted an information notice intended to be circulated to the institution's clients who have entered into derivatives transactions documented under standard documentation published by the Fédération Bancaire Française ("FBF").
  • Fédération Bancaire Française drafts documentation to enable users of FBF market to comply with requirements of EU Benchmarks RegulationJones Day advised the Fédération Bancaire Française (FBF) in connection with the drafting of two new sets of documentation to enable users of the FBF market documentation to comply with the requirements of the EU Benchmarks Regulation.
  • Financial institution obtains advice regarding interest rate provisions of standard loan documentationJones Day advised a financial institution in relation to the interest rate provisions of their standard loan documentation with retail clients, SMEs, and public local authorities.
  • Companhia Brasileira de Distribuiçao sells Ordinary Shares of Via Varejo S.A.Jones Day represented Casino Guichard-Perrachon SA, as a counterparty, in connection with the sale by Companhia Brasileira de Distribuiçao (GPA) of 50,000,000 Ordinary Shares of Via Varejo S.A., representing 3.86% of its share capital, in the form of total return swap entered into with a Brazilian financial institution.
  • Group Casino, Guichard-Perrachon sells 15% stake in Mercialys for €213 millionJones Day advised Group Casino, Guichard-Perrachon SA, a leading food retailer, in connection with the sale of 15% stake in Mercialys for €213 million (US$249 million) through an equity swap.
  • Vivendi sells stake in Ubisoft Entertainment for approximately €2 billionJones Day advised Crédit Agricole Corporate and Investment Bank (CACIB) in connection with the sale by Vivendi of its stake in Ubisoft Entertainment (Ubisoft) for approximately €2 billion.
  • Fédération Bancaire Française and French Banks seek advice in drafting FBF collateral documentationJones Day assisted Fédération Bancaire Française (FBF) and French Banks with drafting FBF collateral documentation which complies with variation margin and initial margin requirements as set forth in Regulation (EU) No 648/2012 of July 4, 2012 ("EMIR") and its delegated regulation and issued legal opinions.
  • Euronext attempts to acquire LCH.Clearnet SAJones Day advised Euronext N.V. in its attempted €510 million (US$530 million) all-cash offer to LCH.Clearnet Group Limited and London Stock Exchange Group plc to acquire LCH.Clearnet SA, a leading EMIR-authorized central counterparty serving Euronext's markets, pan-European electronic trading platforms, and OTC markets, which is headquartered in Paris with branches in Amsterdam and Brussels, as well as a representative office in Porto.
  • La Banque Postale finances four wind farms in PicardieJones Day represented La Banque Postale in connection with the €50 million (US$56.2 million) project financing for the development, design, construction, and operation of four wind farms with an aggregate target capacity of 32 MW located in Picardie, sponsored by Quadran, one of the key players in the renewable energy field in France.
  • BNP Paribas acquires certain assets and liabilities from RBS relating to its structured retail investor products and equity derivatives businessJones Day advised BNP Paribas on its acquisition of certain assets and liabilities from Royal Bank of Scotland PLC relating to the structured retail investor products and equity derivatives businesses.
  • BNP Paribas, Finint, and UniCredit act as arrangers in trade receivables securitization facility for leading Italian-based industrial groupJones Day advised BNP Paribas, along with Finanziaria Internazionale (Finint), and UniCredit, as arrangers, in connection with a €300 million trade receivables securitization transaction originated by a leading global Italian-based industrial group through the issuance of asset-backed securities with a partly paid structure by a securitization vehicle established pursuant to law 130/1999.
  • Fédération Bancaire Française seeks advice in drafting of Execution AnnexJones Day is providing advice to Fédération Bancaire Française (FBF) regarding the coordination of a working group set up by the FBF in connection with the drafting of an Execution Annex.
  • Fédération Bancaire Française seeks advice in drafting of clearing documentationJones Day is providing advice to Fédération Bancaire Française (FBF) regarding the coordination of a working group set up by the FBF in connection with the drafting of a Clearing Annex to the FBF standard master agreement for derivatives transactions.
  • Casino Guichard-Perrachon issues €500 million of bonds redeemable in shares (ORA) by MonoprixJones Day represented Casino Guichard-Perrachon in connection with its €500 million (US$684.2 million) issuance of bonds redeemable in shares (ORA) by Monoprix S.A., a subsidiary of Casino Guichard Perrachon SA and French retail chain.
  • BNP Paribas acquires equity derivatives and structured products book from Credit Agricole Corporate and Investment BankJones Day advised BNP Paribas in connection with the transfer of the equity derivatives and structured products book from Credit Agricole Corporate and Investment Bank.
    • View All

    March 2024 Commentary

    French Court Rules on Safe Harbor of Netting Agreements in Insolvency

    September 2023 White Paper

    Who, What, When: The Impact of the EU CSRD on Non-EU Companies

    November 2022 Alert

    The European Parliament Adopts New Sustainability Reporting Rules

    August 2022 Commentary

    Extraterritorial Reach of Upcoming European ESG Rules

    January 2022 White Paper

    2021 Transactional Year in Review and 2022 Forecast

    January 2022 White Paper

    FDI Regimes Continue to Expand and Increase Scrutiny of Transactions Worldwide

    June 2021 White Paper

    "Caging the Green Swan"—A Global Take on ESG Risk Management

    May 2021 Commentary

    ISDA Publishes REC Annex

    February 2021 White Paper

    2020 Transactions Year in Review

    January 2021 Alert

    French Investment Firms Permitted to Carry Out More Nonfinancial Activities
    View All

    Additional Publications

    • August 2019
      Loi PACTE et Produits DérivésNew French law (named "PACTE") strenghtens and extends the French safe harbor regime for derivatives, A. Caillemer du Ferrage et N. Debeney, Bulletin Joly Bourse
    • Septembre-Octobre 2018
      Le contrat-cadre ISDA de droit français : évolution ou révolution ?, A. Caillemer du Ferrage et N. Debeney, Bulletin Joly Bourse,
    • Juillet-Août 2013
      Petit "inventaire" de la nouvelle convention-cadre FBF 2013, Revue de Droit Bancaire et Financier

    Speaking Engagements

    • October 13, 2020
      The French and Irish Law Governed ISDA Agreements - speaker
    • November 5, 2020
      Presentation of the report on The French law governed ISDA Master Agreement for the Legal High Committee for Financial Markets of Paris (HCJP), speaker, Webinar - EIFR (European Institute of Financial Regulation)
    • 12 avril 2018
      Finale de la 4ème édition du Prix Jones Day/Paris II/ESSEC
    • Septermber 8, 2017
      Legal High Committee for Financial Markets of Paris (HCJP): BREXIT and clearing of OTC derivatives
    • May 17, 2017
      Cracks in the City? - Brexit & financial contracts - Conference at Sciences Po Paris
    • May 15, 2017
      New FBF EMIR Compliant Collateral Documentation - Conference at the French banking federation
    • May 12, 2017
      Brexit: which future for the banking and financial industry? - Conference at the French Senate
    • April 20, 2017
      Finale of Jones Day/ESSEC/Paris 2 Price 3rd edition
    • February 2, 2017
      New ISDA & FBF Master Agreements, clearing and collateral documentation for derivatives - Development Institute International
    • June 29, 2016
      Brexit: UK votes to leave the EU: What happens next?
    • 31 mai 2016
      Réforme du droit des contrats et du droit des obligations - 2ème volet : enjeux pour les banques et acteurs financiers
    • February 2016
      Structured and Derivative Products Team, seminar co-moderator
    • February 14, 2013
      European Banking – On the Road to Union and Harmonization?

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