P2P Consultants
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Acquiring a French Distressed Company: Practical Considerations for an Indian Buyer

JusticeFrance’s acquirer-friendly insolvency laws make it an attractive destination for Indian corporates in search of acquisitions.

This article is published in the April 2009 issue of India  Business law Journal.

by Francois Montrelay, Ulrike Heidegger and Stéphane Béraud (1). This article details some practical and legal aspects for an Indian buyer to successfully complete the acquisition of a distressed company in France. French insolvency Law includes the potential transfer (sale) of some or all of the assets of an insolvent Company to a 3rd party. This is called a Transfer Plan.Though it is a relatively simple process, acquiring a distressed company must take legal procedures and time frames into account. It also requires the establishment of a relationship and dialogue with several business and institutional stakeholders.

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(1) Francois Montrelay is Managing Partner at P2P Consultants; Ulrike Heidegger is a lawyer at the bars of Marseilles (France) and Stuttgart (Germany); Stéphan Béraud is a Partner at Oxigen, a French consulting firm specializing in assistance to distressed companies.