Ferchiou & Associés

Tunisia

Address:
34, Place du 14 Janvier 2011
Tunis 1001
Tunisia

+216 71 12 0500

+216 71 35 0028


Key contacts:

Managing Partner: Noureddine Ferchiou
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Partner: Amina Larbi
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Quick facts:

Number of lawyers: 65 (lawyers, tax advisors and legal staff)
Network memberships: LinkedIn
Languages: Arabic , French, English, Italian, Spanish


With more than 30 years of experience in providing legal counsel and assistance to its clients, Ferchiou & Associés has been consistently involved in the country’s high-profile projects whether in terms of investment or complexity and is well known for its high level of negotiating skills. Clients of the firm are predominantly international corporations and investors seeking to develop a business activity on the Tunisian market.

The firm is recognized for its involvement in the country's highest profile projects, its cross-border expertise and its valuable insight into emerging and established markets. The firm is also strategically positioning in the Sub-Saharan African market where it started its business development in relation to renewable energy practice.

Nourredine Ferchiou, founder and managing partner, has over 30 years of government and institutional expertise and professional knowledge of the country's opportunities, challenges, and ongoing business and legal environment. Amina Larbi who's leading the firm as partner offering more than a decade of experience with a prominent international law firm located in Tunis. Ms. Larbi is recognized for her expertise in projects and foreign investments, acting both for government bodies and private companies in their partnership ventures in an array of industry and trade sectors. With Mr. Ferchiou and Ms. Larbi leading the Firm, clients will draw upon the experience of the country’s most connected, respected, and integrated law firm.

  • Banking & Finance
  • Corporate & M&A
  • Competition and antitrust laws
  • Employment & Labour
  • Energy, Oil & Gas, Natural resources
  • Legal Assessments
  • Privatization
  • Real estate
  • Litigation & Arbitration
  • Environmental
  • Intellectual Property
  • IT-Communications
  • Tax

Banking & Finance
Ferchiou & associés has a long history of representing both international and local lenders and is recognised today as the market leader in Tunisia’s banking and leveraged financing industry. Provides expert counsel in acquisition and asset finance, syndicated loans and credit facilities, financial services, capital markets, private equity, debt financing and regularly advises international financial institutions on the feasibility of transactions under Tunisian Law (AFD, JP Morgan, Credit Suisse, Commerzbank, Société Générale, HSBC, BNP Paribas, Merrill Lynch, Bank of Scotland, Goldman Sachs, Standard Chartered Bank, Natixis, Deutsch Bank, QNB, Citi Bank).

Corporate & M&A
Ferchiou & associés is very dynamic in the Corporate sector representing emerging companies and investors in a variety of industries including: recapitalisation, restructuring, commercial partnerships, joint ventures and liquidation. The firm provides expertise in private acquisitions, takeovers of listed companies, share acquisition and sale, stock exchange transactions, and corporate transition strategies. Additionally, the Firm advises on transfers of ownerships, transfer of dividends, security packages and buyout of public corporations.

The firm has assisted a shareholder with the sale and bid process of its stake held by the Tunisian Government in Ennakl Vehicules Industriels, assisted Emirates International Telecom with the sale of its 35% stake in Tunisie Telecom estimated at USD$2 billion, advised on the restructuring of the Bukhatir Group estimated at USD$150 million, advisor to a French and British oil and gas exploration company on the legal acquisition of hydrocarbon assets in Tunisia, legal advisor to a merger and acquisition in the oil and gas sector whereby Kulczyk Oil Ventures Inc. Acquired all of Winstar Resources Limited.assets.

Employment & Labour 
As a full-service law firm, F&A advises on employment issues including; advising multinationals on the implementation of internal employment policies and their compliance with Tunisian legislation (IBM Tunisie, Autoliv, Coca Cola, Ericson, Hewlitt Packard); advising on the legal means to regularise expatriate employees working with Tunisian subsidiaries of foreign entities, services relating to the registration of local branches for multi nationals (Kufpec Tunisia Limited (KTL) Kuwaiti Foreign Petroleum Exploration Company,  ETAP, Public establishment, Maretap, S.A., Butagaz Tunisie, S.A., Shell De Tunisie, S.A., CGG Tunisie, S.A., MCX North Africa Co. Ltd., Branch, Perenco Tunisia Company Limited, Branch, Socrate Tunisia, Branch, YNG Exploration Lmtd., Branch, Quimex Tunisia, Sarl, Philip Morris, Ericson Tunisie); advise on compliance procedures and negotiate social redundancy plans under local law with  company unions, credit institutions, regional and national trade unions, Labour Inspectors, and central political authorities ( PA Resources, Petrofac, Kufpec).

Energy, Oil & Gas, Natural ressources:
Ferchiou & associés is a market leader in the energy industry offering expertise in project financing, acquisitions and dispositions, environmental due diligence, regulatory compliance, and policy counselling. In addition, the Firm advises on all aspects of concessions, exploration and drilling, oil refineries, oil storage facilities and distribution, oil field development (Yug-Neftegaz , British Gas ,Perenco, Qatar Petroleum, Serinus Energy Inc. ENI, Storm Ventures, PA resources, Petrofac, Kufpec).

Legal Assessments:
The firm regularly performs research and analysis of industry matters under Tunisian law for multi nationals and is consulted on legislature reform by local and government entities( the European Bank for Reconstruction and Development “EBRD").

Litigation & Arbitration:
F&A’s litigation and ADR department is experienced in arbitration proceedings under the rules of all major arbitral institutions (both in Tunisia and international venues) and have successfully engaged in litigation mat-ters and ADR proceedings  in all manners of dispute, including those related to contracts, products liability, maritime, and other commercial matters.

Advisor to a company belonging to the Arab State League in a dispute before the Singapore International Arbitration Centre; legal counsel for CMA CGM in litigation over a dispute arising from a joint venture; advisor to ETAP in an arbitration matter under ICSID rules regarding a petroleum concession agreement valued at USD$21million.

Privatization:
The firm has advised the Tunisian government as well as foreign investors on privatisation matters in the energy, banking (UIB, Banque du Sud, BTK, BFT), textile, cement plants and tourism industries.

Real Estate:
The firm advises  major UAE real estate developers for implementation of their mixed use integrated real estate projects in Tunis area including the development of their residential and commercial complexes.

Investments & Tax:
Advises on the structure for investments to take advantage of local tax breaks, investment incentives, state guarantees for the repatriation of capital and profits and any foreign exchange related issues.

IT - Communcations:
The firm has broad experience in the telecommunications industry. It advised the successful bidder of the GSM license, participated in the privatisation of Tunisie Telecom along with the purchase of Top Net (ISP). 
The firm has assisted a famous audiovisual company in relation to the incorporation of its subsidiary in Tunisia and the process of establishing the first MVNO in Tunisia with Tunisie Telecom.

Nourredine Ferchiou
n.ferchiou@falaw.tn

Amina Larbi Ezzine
a.larbi@falaw.tn

Omar Ferchiou 
o.ferchiou@falaw.tn

Rym Ferchiou
r.ferchiou@falaw.tn


2017 transactional highlights
:
Banking and Finance:

  • Legal advisor of Natixis, one of arranging banks of a 1 Billion EUROS bond done by CBT acting on behalf of the Republic of Tunisia. The issue of this Eurobond was closed at 850 million EUROS over 7-year maturity;
  • Legal advisor of Qatar National Bank QNB in relation to its issuance of 1 Billion Euros bonds;
  • Legal advisor of EBRD for the providing a loan of up to TND 4 million to a newly established microfinance institution in Tunisia;
  • Legal advisor of BNP - UBCI in Tunisia for implementing factoring services (drafting of general and special conditions – regulatory advice);
  • Legal advisor of BNP - UBCI in preparing a regulatory questionnaire applicable to a trade finance instrument: bank payment obligations;
  • Legal advisor of CITIBANK in relation to the Citi supplier finance product and the adaptation to Tunisian law of a template of a receivable purchase agreement to be entered into between CITIBANK and a Tunisian supplier, as assignor, pursuant to which such supplier may assign to CITIBANK the receivables it has against a Tunisian buyer, as debtor, under their commercial relationship;
  • Legal advisor of JP Morgan and Goldman Sachs in relation to a 500 million USD sovereign bond done by Central Bank of Tunisia and guaranteed by USAID.

Mergers & Acquisitions:

  • Legal advisor of Shire in relation its restructuring (acquisition of Baxalta) and its implications for Tunisian entity Baxalta -TUNISIA;
  • Legal advisor of HP in relation to its plan to spin off and merge its worldwide enterprise services business (ES Business) with Computer Sciences Corporation (CSC), the objective was to separate the local ES Businesses in the various countries and gather them under a common new holding company (the ES Split);
  • Legal advisor of Sanofi in the acquisition of the Consumer Health Care activity of Boehringer-Ingelheim; and in the project of acquisition by Boehringer-Ingelheim of the branch of Sanofi operating in animal health (Merial);
  • Legal advisor in relation to the acquisition of a participating interest in UNIMED (one of the main Tunisian pharmaceutical drugs producer) including the IPO of the said company on the Tunisian Stock Exchange. 

Regulatory:

  • Assistance of (Unilever, IBM, Pierre Fabre, Caterpillar, Philip Morris, CMA CGM, Glaxo Smith Kline, Decathlon, Sanofi) by the expectation of national and international regulations that could affect operations or corporate strategy. For that purpose, we study project's legal and regulatory framework and set up a global regulatory data appropriate for the need of information of clients and applicable in their activities' area.

Employment and Labour:

  • Legal advisor of Colgate Palmolive for all labor and social aspects of their business in Tunisia;
  • Legal advisor of Unilever for all labor and social issues regarding their activity in Tunisia;
  • Legal advisor of an Italian Textile manufacture company for the implementation of its redundancy plan;
  • Legal advisor of Huawei company for social and labor aspects, including all steps for getting residence and work permits for about 50 Chinese Expatriates;
  • Legal advisor of PA Resources company for a redundancy plan including about 160 employees. 

Energy:

  • Legal advisor of the National agency for energy conservation (ANME) and Tunisian Company of Electricity and Gas (STEG) regarding the preparation of the PPA applicable to wind project in relation to the new legal framework;
  • Legal advisor to “Rénergi+D” (Spanish Company) for the development of a windfarm in the center of Tunisia (self-production) for a Tunisian industrial group.

Retail and Commercial Real Estate:

  • Legal advisor to a major local group in relation to the construction of its mall in Sousse together with the setup of commercial lease agreements and their finalization tenants of the mall;
  • Legal advisor to a major sportswear French Brand in connection with their development projects in Tunisia.

  • Banking
  • Energy
  • Financial services
  • Industrials
  • Media
  • Oil and gas
  • Pharm and life sciences
  • Social infrastructure
  • Real estate 
  • Tech and telecom
  • Accounting