Boris AYACHE BOURGOIN 

Maître Boris Ayache Bourgoin is an avocat à la Cour (member of the Paris and Luxembourg Bars), admitted before the Court of Appeal of Paris (France) and in Luxembourg (Grand Duchy). He practises principally in business law, banking and finance law and the law of the fiducie (the French-law fiducie), as well as in litigation and international arbitration.

Maître Ayache Bourgoin regularly assists and advises company directors in their commercial and financial transactions, in particular as regards legal and tax structuring. He also defends their interests before the French, Luxembourg, European and arbitral courts.

In recent years, he has developed significant experience, recognised at European level, in financial leasing agreements and banking regulation, with more than 850 sets of proceedings to his credit in this field of activity alone. He represents lessees as well as service providers and brokers, and also numerous financial institutions, and is, in this respect, closely involved in the banking sector and in asset management.

Beyond these litigation activities, he is regularly instructed to defend and represent Politically Exposed Persons (whether members of governments or dignitaries who are nationals of foreign countries) in order to defend their interests and their reputation in Europe, both before the courts and before independent administrative authorities. In arbitration matters, he acts on behalf of States.

His practice also leads him to act in business criminal law before the criminal courts, most often alongside civil parties and in support of the financial prosecution offices with which he cooperates regularly throughout Europe within the framework of his various admissions.

Closely involved in the defence of victims and in the development of the law, he is also the founder of the Association française des victimes d’escroquerie financière (AFVEF), whose purpose includes carrying out substantial intelligence and awareness-raising work with the public authorities as to the consequences of economic and financial laws and regulations. He now supports the development of this association abroad.

Frequently appointed as Data Protection Officer (DPO), he also handles the compliance of numerous public-law and private-law bodies with the European “GDPR” Directive, the “Data Service Act” and the “Digital Market Act”.

Lastly, Maître Ayache Bourgoin is also one of the few French avocats to carry on fiduciary activity, that of protector over a security fiducie and that of security agent arising from Order No. 2017-748 of 4 May 2017, as well as that of intermediary insurance agent registered with ORIAS.

He is also the founder of Harlington | Services, a software development company whose purpose is to ensure the development and distribution of IT services for legal and accounting professionals.

Previously, he practised as an associate in several American law firms, both in France and abroad (Australia, Canada, New Zealand, South Africa, Luxembourg), at the Cour de cassation and with the International Court of Arbitration (ICC).

2009 – University of Oxford, Oxford, United Kingdom.
Course in common law & QLTS examination – Law Society (SRA).

2006 – Université Aix-en-Provence, Diplôme de Juriste Conseil en Entreprise (DJCE), Aix-en-Provence, (Institut de Droit des Affaires), France.
Graduated in business law and tax law.

2006 – Master I & II  (Institut de Droit des Affaires), Aix-en-Provence, France.
Master’s degree in international business law.

REPRESENTATIVE CORPORATE | INVESTMENT FUNDS EXPERIENCE

  • Advised several international creditors against the Republic of Iceland in relation to a proposed domestic law purporting to deprive non-domestic creditors from their rights further to the country bankruptcy – (several billions at stake) ;

  • Advised an US fund in its issuance of notes program for an amount of EUR 680,000,000 ;

  • Advised the Luxembourg subsidiary of a leading US investment bank for a capital increase of EUR 1,000,000,000 ;

  • Structured the first Luxembourg SCSpé unregulated fund for a contemplated capital contribution of EUR 10,000,000 to 20,000,000 ;

  • Advised several EU and non-EU investment funds in respect of the regulatory issues arising in connection with the European AIFM Directive and its implementation under Luxembourg law ;

  • Advised several European funds in relation to the structuring and regulatory issues of their UCITS transactions ;

  • Advised an offshore Delaware venture fund to set up a new fund dedicated to SME and debts instruments for a contemplated capital commitment of USD 50,000,000 ;

  • Advised a Cayman Island based investment fund in respect of its investments in an European real estate program for a capital commitment of USD 500,000,000 ;

  • Advised the European Investment Bank and the European Investment Fund in setting up the Luxembourg based investment vehicles dedicated to investment in eastern Europe for an amount of EUR 3,000,000,000 ;

  • Advised two French ISF funds in the restructuring and refinancing of Ekyog Group under the article L611-11 of the French Commercial code for an amount of EUR 15,000,000 ;

  • Advised Tembec Canada in its acquisition of a French distribution company for an amount of EUR 20,000,000 ;

  • Advised AXA Insurance in its acquisition of several buildings in Paris for an amount of EUR 50,000,000 ;

  • Advised a banking corporation on the removal of their online payment service on the WikiLeaks’ website further the US Department of Justice’s allegations in respect of the illegal nature of the information communicated by Julian Assange ;

  • Advised Stockland Property Trust Pty Ltd and Stockland Management Ltd in their transfer of debt under the Division 7A of the Tax Assessment Act ;

  • Advised Taralga Wind Farm Pty Ltd (NSW) in its acquisition of a Victoria’s state incorporated wind farm company. Drafted the share purchase agreement ;

  • Advised a HNW Australian family in their acquisition of one the Sydney main skyscrapers (52MP) for an amount of AUD 450,000,000 ;

  • Advised a New-Zealander group of companies in relation with a facility loan agreement for an amount of AUD 15,000,000.

REPRESENTATIVE LITIGATION EXPERIENCE

 

  • Worked on the current largest winding down proceeding in the PACA region further to several fraud and financial misconducts for an amount of EUR 12,000,000 ;

 

  • Represented over seventy plaintiffs in a large white-collar procedure (criminal investigations pending) ;

 

  • Represented over hundred associations and commercial and public companies/institutions against seven of the largest French banks in the largest financial fraud in the PACA region in last decade for an amount of EUR 12.000.000, (cases pending before the Commercial Court / High Court of Toulon / Criminal Court of Toulon, Nice, Versailles, Vienne) ;

 

  • Worked on the largest Luxembourgish real estate litigation further to an investment in a S.C.A, for an amount at stake of over EUR 1,500,000,000. Worked in close connection with Clifford Chance and Freshfields London on prospective enforcement (District Court of Luxembourg) ;

 

  • Worked on a cross-border litigation involving French, Luxembourgish and Cayman Island companies for an amount of USD 150,000,000 ;

 

  • Advised Swiss Life (Luxembourg) in a cross-border litigation against a business introducer company in Ireland ;

 

  • Worked on the recovery of LuxAlpha’s assets (in the Bernie Madoff case) further to the global so-called Ponzi scheme, for an amount at stake of over EUR 500,000,000 ;

 

  • Represented a former commercial director against his employer on enforceability of a non-competition clause for an amount of EUR 750,000 (Labour Court of Toulon) ;

 

  • Represented a shareholder against his former partner on misuse of company’s assets (Criminal court of Montpellier) for an amount of EUR 175,000 ;

 

  • Represented a former member of the Moulinex S.A. board in the largely reported “Moulinex case” in relation to the alleged corruption and misuse of the company’s assets (Criminal court of Paris) ;

 

  • Represented an Italian telecom company in an arbitration arising in relation to a fairness opinion on growth of the Czech Republic’s mobile market (ICC Arbitration, Paris) ;

 

  • Represented the Arab Republic of Saudi Arabia in an arbitration against construction companies in the Gulf (ICC Arbitration, Bahraïn) ;

 

  • Represented a French citizen against an Italian company on illegal use of intellectual property rights. Reached settlement out of court for an amount of EUR 750,000 ;

 

  • Represented an Italian company before the Supreme Court on applicable taxation in the wind farm industry (Council of State – Paris) ;

 

  • Represented an European reinsurance company in a claim for reimbursement against a French insurance company further the 9/11 terrorist attack against the World Trade Center in New York (ICC Arbitration – Paris) ;

 

  • Represented AXA against a local broker on the “usages Lyonnais du courtage” in relation to outstanding premiums (Commercial Court of Lyon – France) ;

 

  • Represented a French company to dismiss a claim for damages arising after brutal termination of a contract governed by the CISG Convention. (International trade – Commercial Court of Paris – France) ; 

 

  • Assisted the agent bank of a EUR 110,000,000 syndicated loan in connection with the insolvency proceedings opened against a pharmaceutical group. Drafted statement of claims and documentation in respect of all assets owned (Commercial Court of Versailles).

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portrait-boris

CONTACT

  • contact@harlington.eu
  • +352 24 669 74-1
  • English | French | German | Luxembourgish

Admissions

  • Paris Bar
  • Luxembourg Bar
  • Quebec Bar

Associations

  • ICC YAF Europe Chapter
  • AFVEF – IOBSP (Founder)
  • AFIDU – Member

University teaching

  • Former lecturer at the University of Toulon
  • Former lecturer at the University of Luxembourg