Founded in Paris in 1920, Gide is a leading international law firm with 12 offices spread throughout the world.
Gide is physically present in six regions of the world, with 11 offices, enabling it to act on cases globally.
For over 100 years now, Gide has been accompanying its client companies in their development, notably by providing them with an ever acuter insight into the issues shaping the future of business law, both in France and Europe.
You will find below our different issues of the Newsletter "Must Read", elaborated under the supervision of our scientific council.
In this issue, you will find French news, with decipherments of the Act of 30 March 2023, tending towards a latest attempt to "balance" commercial negotiations and relations and Article 6 of the French Finance Act for 2023 is intended to provide a more favorable regulatory framework for reinsurance captives; European news, with the analysis of the transposition of the Company Mobility Directive of 27 November 2019 and the legislation applicable to the market in crypto-assets that do not constitute financial instruments brought about by the MiCA Regulation of 31 May 2023 and the MiCA regulation of 31 May 2023 (Markets in Crypto-Assets) which introduces a European regime for crypto-assets; and international news, with the use of Alternative Dispute Resolution (ADR) and, in particular, international arbitration in the light of the recent decision by a Mexican court, to resolve disputes relating to blockchain and smart contracts.
At a time when ChatGPT is on everyone's lips, we will ask ourselves whether Artificial Intelligence can be the creator of a work of the mind or the inventor of a patent... or whether it is not rather an infringer by nature. And we will probe the deep purposes of a Corporate Social Responsibility that is gaining in importance every day to the point of becoming the support of a true CSR Law. Three topical insights will complete these fundamental reflections: first, on the improvement of value sharing for the benefit of employees introduced by the national interprofessional agreement of February 10, 2023 ; second, on the perspectives drawn by the "Listing act package" proposal of December 7, 2022 to reduce administrative constraints on companies wishing to raise funds and to make voting rights more flexible ; finally, on the Commission's proposal of March 14, 2023 to amend the REMIT Regulation of October 25, 2011 concerning the integrity and transparency of the wholesale energy market in order to draw lessons from the energy crisis.
Firstly, in the field of corporate law: shareholder exclusion clauses in simplified joint stock companies (sociétés par actions simplifiées - SAS) are currently making headlines ; further clarification is needed regarding the original mechanism for the sharing of capital gains on the sale of securities with the employees of a company ; the extension of the measure to lower the control threshold to 10% for listed companies and the publication of new guidelines by the French Treasury are having a direct impact on foreign investment law in France.
Secondly, in the field of civil law: the notion of nature's legal personality is making headway around the world and is now a subject of debate in France, while a reform of "special contract" law is looming on the horizon.
This issue includes: a contribution by Thierry Bonneau on the current state of unfair terms in banking agreements; thoughts by Olivier Dauchez on the uncertain future of international holding companies; an analysis by Philippe Dupichot, Etienne Chesneau and Yannick Granjon of the judgments handed down by the French Supreme Court on 30 June 2022, ruling in favour of lessors on commercial rents due during lockdown; as well as insight by Romain Rard and Didier Martin on the CSRD Directive, a new pillar of extra-financial information and the Green Pact for Europe.
The ten authors of our Legal Guide to CSR, a useful reference for companies, also give you insight into their publication.
In this issue, you will find the analyses of our Ukraine Taskforce, our booklet on Non fungible tokens (NFTs), an article on the duty of care of companies, a presentation on the re-domiciliation regime instituted by the United Kingdom Government, as well as an article on securities on financial assets.
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You will find details on the Taxonomy Regulation, the announcement of a new European anti-money laundering agency or the proposal for a European Carbon Border Adjustment Mechanism (CBAM), important judgments of the Council of State relating to the first sanctions imposed by the CoRDiS of the Energy Regulatory Commission as well as a first assessment of the Hard Brexit, one year later, also appear.
You will find enlightened views on the meteoric rise of Non fungible tokens as well as on the international tax law foreshadowed by the Biden era, a didactic presentation of the new regulation applicable to central counterparties, a panorama of the difficulties raised by the enforcement of court decisions between France and the United Kingdom post-Brexit, an invaluable statistical survey of the decisions rendered on the obligation to pay commercial rents in the era of Covid and an important decision of the Conseil d'Etat on the role of the CNIL.
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In 2021, under the impulse of our new Executive Committee, we are committed to continuing to be at your side and to listen to you in order to support you in your development projects and to think together about solutions to build the future. Impacts of Brexit, ecological transition, digitalisation, economic recovery will be among the starting points of our reflections.
