Investor Presentation - Agence France Locale
Transcription
Investor Presentation - Agence France Locale
THE FRENCH LOCAL GOVERNMENT FUNDING AGENCY INVESTOR PRESENTATION Agence France Locale Disclaimer This presentation has been prepared and is distributed by Agence France Locale (the “Company”) for information purposes only and does not constitute or form part of any recommendation, solicitation, offer or invitation to purchase or subscribe for any shares, securities, bonds and/or notes (together, if any, the “Securities”) that may be issued by the Company. Neither this presentation nor any part of it shall form the basis of, or be relied upon in connection with, any contract or commitment whatsoever. If any offer or invitation is made, it will be done pursuant to separate and distinct documentation in the form of a prospectus or other equivalent document (a “Prospectus”) and any decision to purchase or subscribe for any Securities pursuant to such offer or invitation shall be made solely on the basis of such Prospectus and not this presentation. This presentation is not a Prospectus and does not contain all of the information which would be required to be disclosed in a Prospectus. Any person who subsequently acquires Securities must rely solely on the final Prospectus published by the Company in connection with the offer of such Securities, on the basis of which purchases of or subscription for such Securities shall be made. Each recipient of this presentation shall independently assess the relevance of the information contained herein and shall consult with its own legal, regulatory, tax, business, investment, financial and accounting advisers to the extent it deems necessary, and make its own investment, hedging and trading decisions (including decisions regarding the suitability of an investment in the Securities) based upon its own judgment and advice from such advisers as it deems necessary and not upon any view expressed in this presentation. This presentation does not constitute the giving of any investment, legal, tax or business advice by the Company or any of its affiliates, shareholders, directors, officers, advisers, agents or representatives. No representation or warranty, express or implied, is made as to, and no reliance may be placed for any purposes whatsoever on, the fairness, accuracy, completeness or correctness of the information or opinions contained herein. The information presented in this presentation is subject to change by the Company without notice. Neither the Company, nor any of its affiliates, shareholders, directors, officers, advisers, agents or representatives shall have any liability whatsoever (in negligence or otherwise) for any loss arising from any use of this presentation or its contents, any errors or omissions contained herein or otherwise arising in connection with this document. This presentation may contain projections, forecasts, estimates and other forward-looking statements including those concerning the Company’s plans, objectives, goals, strategies, future events, future revenues or performance, investments, financing needs, plans or intentions relating to competitive strengths and weaknesses, business strategy and the trends the Company anticipates as regards the political and legal environment in which it operates, as well as the local government political and legal environment and any other information that does not constitute historical information. By their nature, forward-looking statements involve inherent risks and uncertainties, both general and specific, and there is the possibility that the predictions, forecasts, projections and other forward-looking statements will not be achieved. Forward-looking statements are subject to significant business, economic and competitive uncertainties and contingencies, many of which are or may be beyond the control of the Company. The Company does not make any representation, warranty or prediction that the results anticipated by such forward-looking statements will be achieved, and such forward-looking statements represent, in each case, only one of many possible scenarios and should not be viewed as the most likely or standard scenario. Such forward-looking statements are only relevant on the date on which they are made. Any opinions expressed in this document are subject to change without notice and the Company does not undertake any obligation to update or revise any forward looking statement, whether as a result of new information, future events or otherwise. 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This presentation shall accordingly not be made available or distributed in such countries and it is the recipient’s responsibility to assess whether it may use and/or review this presentation and/or the information contained herein. Nothing in this presentation or in the information contained herein constitutes an offer of Securities for sale in the United States or in any other jurisdiction where it is unlawful to do so. This presentation is not provided for, or intended to be directed at, any person in the United States or any U.S. Person (as that term is defined in Regulation S under the United States Securities Act of 1933, as amended (the “U.S. Securities Act”)) or any person in any other jurisdiction where it is unlawful for the information to be provided or directed. Any Securities that may be issued by the Company have not been, and will not be, registered under the U.S. Securities Act or the securities laws of any state or other jurisdiction of the United States and may not be offered or sold, directly or indirectly, in the United States or to, or for the account or benefit of U.S. Persons, except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the U.S. Securities Act and applicable state or local securities laws. The Company invites the recipients of this presentation to inform themselves and comply with such restrictions and/or regulations. The presentation may not be forwarded or distributed to any other person and, in particular, may not be forwarded to any U.S. Person or U.S. address. January 17 Agence France Locale 2 Summary The high creditworthiness of Agence France Locale is based on: • A strong governance based on a dual company entity • An online credit distribution to local authorities (e-bank) • An efficient model as demonstrated by the Nordic LGFAs • A high quality balance sheet due to the strong credit profile of French local authorities • Aa3 (stable) / P-1 ratings to Agence France Locale assigned by Moody’s • 20% risk weight securities, eligible to the Public Securities Purchase program of ECB • Outstanding capital commitments from local authorities representing almost 25% of AFL long-term objective January 17 Agence France Locale 3 Contents I Characteristics and financial framework II Operational activities and Development III Financial Objectives and Funding Strategy A credit institution dedicated to the funding of local authorities in France • Agence France Locale is a local government funding agency fully owned by French local authorities AFL- Key Dates • The banking law dated 26 July 2013 has conferred upon Agence France Locale the mandate to finance local authorities in France • Agence France Locale is a fully regulated specialized financial institution supervised by the French banking regulator • Agence France Locale is rated Aa3 (stable)/P-1 by Moody’s. January 17 26 July 2013 12 January 2015 6 March 2015 2 June 2016 Authorized by the banking law Banking licence as a specialized credit institution Visa on AFL’s EMTN programme granted by the French Financial Market Authority AFL bond issues eligible to the ECB Public Sector Purchase Program (PSPP) Agence France Locale 5 Agence France Locale, a bridge between capital markets and local authorities Agence France Locale funds itself in international capital markets. Bond market €M €750 M 800 700 600 500 400 300 200 100 0 0,375% fixed rate March 2022 €500 M 0,250% fixed rate March 2023 March 2015 Dedicated to Local Authorities (online plateform) May 2016 Last public transactions January 17 A specialized credit institution Local Authorities (exclusive shareholders and guarantors) Agence France Locale 6 The model of Local Government Funding Agencies (LGFAs) has proved highly efficient over the years Over 115 years in Northern Europe A proven model The model of a national funding agency bringing together local authorities to pool their borrowing needs in the bond market has already proved successful in various Northern European countries. An emulating model A number of other countries are following suit: New Zealand and the United-Kingdom have just set up their own local government funding agencies and a similar analysis is conducted in various other countries throughout the world. 1926 (Aaa/Aaa/NR) No default recorded since the Nordic agencies were established 1989 (Aa1/Aa+/NR) 1986 (Aaa/Aaa/NR) 1899 (Aaa/Aaa/NR) 1914 (Aaa/Aaa/Aaa) An exclusive mission Based on this model, an exclusive mission : funding the investments of the French local authorities. January 17 1954 (Aaa/Aaa/NR) Agence France Locale 2013 (Aaa3/NR/NR) Moody’s/S&P/Fitch ratings NR: Non Rated 7 Structure and Governance of the Agence France Locale Group Governance is based on a dual company entity Separating the specialized credit institution operations from member local authorities strategic management Ensuring a greater accountability of stakeholders through a system of transparent checks and balances Shareholder base Agence France Locale Société Territoriale Agence France Locale The credit institution (Aa3/P-1) Fully-owned by member local authorities Mission Determination of strategic guidelines Nomination of the Supervisory Board members More than 99.99% of the capital owned by Agence France Locale - Société Territoriale Governance Board of Directors representation rule: weighted percentage of outstanding debt General meetings Management of the guarantee system Executive management Fund-raising via bond markets Supervisory Board Loan provision to local authorities Majority: independent Directors minority: ounding member local authorities Executive Board professional bankers only January 17 Agence France Locale 8 French local authorities as exclusive shareholders and borrowers Shares of total debt held by French local authorities (€141,5 bn as of 31/12/2014) 45 % 16 % 24 % 15 % Cities Intercommunal entities Departments Regions Main responsabilities: Local actions Almost all French cities are part of a tax-raising intercommunal cooperation public entities Main responsabilities: Social work, public roads and middle schools Main responsabilities: Economic dvpt, transports and high schools The current subdivision may evolve with the promotion of Metropolitan areas and the territorial reform January 17 Agence France Locale 9 The strong sub-sovereign risk of French local authorities The regulatory framework governing French local authorities is highly stringent. Local authorities: The outstanding debt of French local authorities amounts to 8% of the GDP French local authorities made a budget surplus of EUR 700M€ in 2015 French local authorities contributes to the bulk of public investment. They especially focus on infrastructures. 70% of their investment expenditure is self-financed. 2015 Are compelled to balance their budget Central government Social security entities Local governments Other central public entities Other local public entities TOTAL* Total expenditures 463,3 579,1 226,8 86,1 22,4 1243,3 Investment expenditures 9,9 7,7 39,1 16,2 2,4 75,3 Debt as of 31/12/2015 1 661,2 220,3 145,8 18,9 50,7 2096,9 (in billion euros) May only borrow funds in order to finance their investments Must repay debt interests and capital on their own resources French local authorities cannot go bankrupt or undergo liquidation proceedings. * Financial transfers between sectors are consolidated and, as a consequence, the sum of data from all sectors is higher than the consolidated data for «TOTAL » Sources :Direction Générale des Collectivités Locales, Les collectivités locales en chiffres 2016, septembre 2016 ; INSEE, Les comptes des administrations publiques en 2015, mai 2016, (www.collectivites-locales.gouv.fr) INSEE January 17 Agence France Locale 10 A Dual First Call Guarantee System • Each member local authority provides an explicit and irrevocable first call guarantee to the financial creditors of AFL up to the amount of its outstanding debt received from AFL, • AFL - ST also provides an explicit and irrevocable first call guarantee to the financial creditors of AFL up to an amount which is set annually by the Board Guarantee beneficiaries Société Territoriale Guarantee Call by Creditors to AFL- ST Independent first call guarantee undertaking made by Agence France Locale - Société Territoriale to the benefit of Agence France Locale’s creditors. Agence France Locale Société Territoriale Members Guarantees Call by AFL- ST to Local Authorities Agence France Locale - Société Territoriale can call the Members Guarantees in two situations: Preventive call by AFL to the ST Agence France Locale can call the Société Territoriale Guarantee preventively in order to avoid any financial difficulty Local Authorities as guarantors If the Société Territoriale Guarantee is called by creditors Preventively in order to avoid any late payments by Agence France Locale if this latter decides to call the Société Territoriale Guarantee Agence France Locale Members Guarantees Call by Creditors to any member Local Authoritiy Independent and individual first call guarantee undertakings made by each member to the benefit of Agence France Locale’s creditors Each creditor is allowed to call the guarantee against any member up to this member’s guarantee ceiling January 17 Agence France Locale 11 Based on the scoring of local authorities A scoring scale from 1 to 7 A two-component scoring : 1 is the highest score • Firstly, a financial scoring1 is realized for membership application A local authority which is scored above 6 is not allowed to join Agence France Locale as a shareholder • Secondly, for the purpose of loan provision, a socio-economic scoring is performed in addition to the financial scoring, complemented by a qualitative analysis if : The financial score is > 5 The local authority debt volume is > 20 M euros The ratio requested amount / outstanding local debt is > 20 % 1Financial 7 is the lowest score January 17 scoring is based on 3 criterias : Solvency Budget sustainability indebtedness Agence France Locale 12 A Stringent Credit policy Membership, loan granting and theoretical loan pricing are subject to AFL internal scoring and credit analysis I II Stringent membership and credit policy Ceiling applicable to loan extension and diversification of the loan portfolio Membership only possible for Local Authorites qualifying a minimum score Maximum lending limited to 50% of a member’s outstanding debt1 Membership and guarantee undertakings necessary to be able to get a loan Distribution of vanilla loans only to local authorities: III I Loan pricing depends on each member local authority’s credit quality Pricing based on a central margin +/- 30 bps according to the internal score of the local authority Short term facilities Mid-term and Long-term fixed and variable loans No structured products Refer to Appendix 4 for more details 1 non applicable for local authorities under 10M€ debt January 17 Agence France Locale 13 Asset-Liability management policies Hedging of interest and currency risk Low liquidity risk Conservative investment policy Objective Significant Liquidity Buffer Liquidity Requirement Immunize AFL from undesired exposure to changes in interest and currency rates Objective of 12 months net cash requirement Invested in liquid and ECB eligible assets 70% minimum investment into HQLA securities Full ECB-elegibility of the loan portfolio Strong credit profile Hedging essentially with Swaps Limited transformation Maximum 1-year gap between the average life maturity of assets and the average life maturity of liabilities January 17 Agence France Locale Highly rated securities Mainly issued by Supranational Institutions, Sovereigns and governement related entities from the European Economic Area and North America 14 A Strong and Stable Shareholder Base In case of changes in the field of competences of a member local authority Financial position impact * Improved financial position * Worsened financial position * Local authority classified as a Sleeping Member If the local authority does not pay an additional ICC* due to the new competences Cannot receive fresh loans neither nor sell its shares * Initial capital contribution January 17 … thus the local authority is classified as a Sleeping Member If the local authority pays an additional ICC due to the new competences … thus the local authority maintains its eligibility as a FullyOperating Member In case a member requests to leave • Each member’s capital contribution is for a minimum 10-year period. Following the 10-year lock-up period, no member will be allowed to leave Agence France Locale unless it has fully repaid its loans; • Similarly, all members shall remain guarantors of Agence France Locale up to the level of their outstanding loans with Agence France Locale (principal, interest and incidentals) until they have fully repaid their loans; • Should a member request to leave, Agence France Locale - Société Territoriale will not automatically redeem the shares held by the leaving member. The member is requested to find a new shareholder approved by the Agence France Locale - Société Territoriale’s Board of Directors to acquire its shares. Agence France Locale 15 Contents I Characteristics and financial framework January 17 II Operational activities and Development Agence France Locale III Financial Objectives and Funding Strategy 16 Member local authorities of the Agence France Locale Group As of 31 August 2016, the Agence France Locale group had 161 members Main cities and intercommunal City of Grenoble City of Marseille Metropolis of Bordeaux Metropolis of Brest Metropolis of Lille Metropolis of Lyon Metropolis of Marseille Metropolis of Nantes Metropolis de Rouen Metropolis of Strasbourg Metropolis of Toulouse Departments Department of Aisne Department of Ariège Department of Essonne Department of Savoie Department of Meuse Region Region of Pays de la Loire The Outstanding Debt of Members Local Authorities is equivalent to approximatively 13 % of total outstanding debt of French local authorities January 17 Agence France Locale 17 Main balance sheet items as of 30 June 2016 IFRS K€ Customs loans and receivables 590 Debt represented by security 1367 Liquidity reserve 847 Equity 96 Cash collateral paid 34 Cash collateral received 6 Others assets 76 Others liability 78 Total 1547 Total 1547 Ratios: LCR : 4402% NSFR : 283% CET1 : 32,63% Leverage : 5,48% January 17 Agence France Locale 18 Paid-in Capital and Loans Granted to Local Authorities by scoring Committed ICC1 Distribution by rating 124 loans granted as of 30 June 2016 Oustanding Loans Distribution by rating Exposure amount: 585.9 M€ Commited ICC: 122.8 M€ 30/06/2016 30,3% 30/06/2016 52,52% 25,8% 22,5% 14,1% 20,13% 7,1% 12,04% 10,26% 5,05% 0,00% 0,1% 1--2 2--3 3--4 4--5 5--6 6--7 The weighted average rating of the committed capital was 3.87 as at 30 June 2016. 1Initial 1--2 2--3 3--4 4--5 5--6 6--7 The weighted average rating in the notional amount was 3.36 as of 30 June 2016 capital contribution The ratings used for the purpose of the graphs are the financial ratings of member local governments of Agence France Locale, which are not weighted either by socio economic factors or by a qualitative analysis. January 17 Agence France Locale 19 Strong Capital and Liquidity position In June 2016, Agence France Locale - Société Territoriale completed its 10th capital increase Agence France Locale also enjoys a sound liquidity position LCR: >4000 % Commited Capital: €123.83 million CET1 Ratio: >30% Leverage Ratio: >5 % Source: AFL January 17 NSFR: >200 % Source: AFL These indicators favourably underpin the creditworthyness of AFL, which is rated Aa3 (stable)/P-1 by Moody’s Agence France Locale 20 Liquidity Reserves of Agence France Locale as of End October 2016 Our Bond Portfolio: Distribution by rating Our total liquidity reserves: AAA 14% Distribution by geographical location A 4% A+ 19% AA+ 9% Supra 1% Americas 7% Asia 7% AA4% CASH 30% AA 50% BONDS 70% Distribution by counterparty type Other 5% Sub Sovereign 26% LGFA 42% January 17 Distribution by LCR classification Corporate 5% Supra 2% State Guaranteed 22% Financials 3% Public Sector 95% Agence France Locale Europe 85% Non-HQLA 12% Non-HQLA 12% HQLA 1 70% HQLA 2A 18% HQLA 88% 21 Contents I Characteristics and financial framework January 17 II Operational activities and Development Agence France Locale III Financial Objectives and Funding Strategy 22 Agence France Locale’s 2015 Inaugural Bond issue AFLBNK<GOV> 65 investors participated in Agence France Locale’s inaugural bond issue Order book closed in excess of EUR 1.3 bn Size EUR 750 million Documentation EMTN programme Trade Date 24 March 2015 Maturity date 20 March 2022 (7-year) Coupon 0.375% annual ACT/ACT Reoffer Spread MS+2,2 bps, OAT+22 bps Reoffer Price 99.671% Yield-to-Maturity 0.423% Distribution by geography 10% 16% 18% 17% Asia Nordics Other Europe Distribution by type of investors 6% Central Banks and official institutions Fund managers 13% 45% the biggest order was only EUR 75 million and no investor took more than 10% of the amount of the issue; Germany, Austria and Switzerland Benelux 17% High diversification of the order book 16% Insuers and pensions funds banks and private banks 20% January 17 22% France Agence France Locale corporates 23 Agence France Locale’s 2016 Issue AFLBNK<GOV> Size Documentation Trade Date Maturity Date Coupon Reoffer spread Reoffer price Yield-to-Maturity EUR 500 Million Distribution by geography EMTN programme 11 May 2016 8% 20 March 2023 (7-year) 0,250% annual ACT/ACT Benelux Germany, Austria UK 99,62% 0,31% 15% 50 investors participated in Agence France Locale’s bond issue Nordics 25% Other Europe Distribution by type of investor 12% 70% of foreign investors 13% Fund managers 43% Order book closed in excess of EUR 800 million Banks and private banks Insurers and pensions funds 32% January 17 30% 16% OAT + 31bps France 6% Agence France Locale Central Banks and Official Institutions 24 Agence France Locale’s 2017 Tap AFLBNK<GOV> Distribution by geography Size EUR 250 Million Documentation Trade Date 8% 23/01/2017 Maturity Date Coupon 8% EMTN programme Germany & Austria & Switzerland 31% 20 March 2023 (6-year) 0,250% annual ACT/ACT Reoffer spread Reoffer price Yield-to-Maturity OAT + 27bps 20% 0,396% Benelux Asia 22% 99,117% France 11% 0% Nordics / UK Other Europe Southern Europe Distribution by type of investor 70% of foreign investors 31% 23% Central Banks & Official Institutions Fund Managers Order book closed in excess of EUR 350 million 11% Insurers & Pension Funds 35% Banks & Private Banks January 17 Agence France Locale 25 Aggregate distribution of bond issues 2015, 2016 and 2017 tap Distribution by geography Distribution by type of investors 3% 8% 8% 30% 31% 31% 22% 11% 14% 20% France Fund Managers Germany, Austria & Switzerland Banks and Private Banks UK & Nordics Insurers & Pension Funds Southern Europe January 17 23% Asia Central Banks & Official Institutions Other Europe Corporates Agence France Locale 26 Comparables of Agence France Locale French public banks AFLBNK 0.375 03/20/2022 AFL benefits from a fair spread compared to those of its French peers (AFD and BPI France) ASW Spread vs AFD and BPI AFLBNK 0.375 03/20/2022 Govt AGFRNC 2.125 02/15/2021 Govt Spread AFL vs OAT OSEOFI 2.375 04/25/2022 Govt 35 ASW Mid (bps) 20 15 30 10 25 5 0 20 -5 15 -10 10 -15 -20 -25 January 17 5 0 Agence France Locale 27 Comparables of Agence France Locale French public banks AFLBNK 0.25 03/20/2023 AFL benefits from a fair spread compared to those of its French peers (AFD and BPI France) ASW Spread vs AFD and BPI Spread AFL vs OAT 35 30 25 20 15 10 5 0 January 17 Agence France Locale 28 Comparables of Agence France Locale French Local Authorities issuers AFLBNK 0.25 03/20/2023 Local Authority Issuance Spreads 85 ISSUANCE SPEAD vs OAT (bps) 80 Aix-Marseille-Provence Métropole 75 Departement de la Gironde 70 Departement des Bouches du Rhone 65 Departement du Bas-Rhin 60 Departement du Puy-de-Dome Region Auvergne-Rhône-Alpes 55 Departement du Val d'Oise 50 Ville de Paris Region Bretagne 45 Region Ile de France 40 Region PACA 35 Region Pays de la Loire 30 Ville de Lyon 25 Ville de Marseille AFLBNK 20 Ville de Paris Region Ile de France Ville de Rennes 15 0 5 10 15 20 25 30 AFLBNK MATURITY (TENOR in YEARS) January 17 Agence France Locale 29 Two debt issuance programmes run by AFL A multicurrency EURO 3bn EMTN programme that allows to issue medium to long term notes in various currencies in the form of public or private placement transactions January 17 A short term EURO 1bn ECP programme • Issuance in various currencies for maturities up to 1 year • STEP registered (eligible as collateral for open market operations of the ECB) Agence France Locale 30 Borrowing programme for 2017 Up to EUR 900 million of medium to long term funding • Euro benchmark • Opportunistic private placements • Taps of existing Euro bonds • Other currency public transactions January 17 Up to EUR 200 million of short term funding in the form of ECP transactions Agence France Locale 31 January 17 Agence France Locale 32 Your Contacts at Agence France Locale (1/3) Yves Millardet Thiébaut Julin Chairman of the Executive Board Chief Financial Officer and member of the Executive Board Yves Millardet has spent his entire career in financial advisory to the local sector and in investment banking as a front office operator in the interest rate and debt markets. He began his investment banking career at CDC in 1996 and subsequently joined ABN AMRO in 2001 and Natixis in 2007, where he occupied various positions such as Bond Originator and Senior Banker covering the public sector in both France and Europe. Having advised French local representatives' associations on the agency concept for local authority funding, he joined Agence France Locale in December 2013 as Chairman of the Executive Board. +33 (0)4 81 11 29 33 +33 (0)4 81 11 29 27 [email protected] January 17 Thiebaut Julin held the position of Senior Banker for the international public sector at Natixis, notably covering sovereign clients, multilateral development banks and central banks, thus following on from his previous position as debt product originator for the public sector in both France and Europe. Thiébaut previously held various asset management positions for third parties, notably at Daiwa Securities, before spending 7 years between 1998 and 2005 at the African Development Bank as head of funding. He joined the Executive Board of Agence France Locale in June 2014, heading up the Finance Department. Agence France Locale [email protected] 33 Your Contacts at Agence France Locale (2/3) Philippe Rogier Ariane Chazel Credit Director and member of the Executive Board Chief Risk Compliance and Control Officer and member of the Executive Board Philippe Rogier is a renowned expert in the field of local public finance. Having headed FCL, the market leader in financial advisory to local authorities, for nearly 10 years, he returned to the banking sector and was notably a member of the Executive Committee of BFT, a bank of the Crédit Agricole Group specialised in local government financing, where he was responsible for a credit activity dealing with €2 billion per year. In December 2013, he joined the Executive Board of Agence France Locale, where he has particular responsibility for credit, commitments and local authority relationships. January 17 Ariane Chazel is a graduate of Ecole Polytechnique, ENSAE and EHESS, and has a deep understanding of the banking industry, its environment and its risks. She started her career in the marketing department of La poste, with the responsibility of saving and investment products for financial institutions. Then, she joined Caisse des Dépôts Group where she successively was financial engineer in the structuration group of IXIS and after, member of the team in charge of the strategy of the wholesale banking at Natixis. Finally, she was in charge of the scarce resources team at Natixis, before joining Agence France Locale in September 2015 as a Chief Risk and Compliance officer. +33 (0)4 81 11 29 32 +33 (0)4 81 11 29 34 [email protected] [email protected] Agence France Locale 34 Your Contacts at Agence France Locale (3/3) Romain Netter Executive Director - Medium and long-term funding Romain Netter has spent most of his career in investment banks as a front office operator in the interest rate and debt derivatives market. He began his career at Crédit Lyonnais (today CACIB) in 1998 before joining CDC Marchés and Natixis, where he held various positions including interbank sales, EMTN dealing and bond origination. His responsibilities have led him to work in several financial centres including Paris, London and Hong Kong. Following his position as a bond originator specialised in the French public sector, he joined Agence France Locale in May 2014 as Manager of the medium and long-term funding unit within the Finance Department. Raphaël BellanPayrault Executive Director - Treasury and short-term funding Before joining Agence France Locale in November 2014 as Executive Director, Treasury and short-term funding within the Finance Department, Raphaël Bellan-Payrault spent 6 years, from 2008 to 2014 with the African Development Bank where, among other roles, is has been Head of investments between 2011 and 2014. He started is professional carrier in 1999 at CDC-Marchés (now known as Natixis) where he has held different positions as a fixed-income trader over a 8-year time period. Flavien Douetteau Amandine Deguin Executive Director - Asset and liability management Communication Manager As a University Paris Dauphine graduate, Flavien Douetteau has extensive knowledge of ALM in Europe and the United States. Flavien began his career at Schroders in Paris in charge of product development, before joining the BNP Paribas Group in 2008. As a ALM manager in Paris, he became in 2013 Head of the liquidity management within Bank of the West in the United States. He notably supported the new regulatory indicators management strategy and the implementation of new US regulations on Bank Holding Companies. He joined Agence France Locale in June 2015 as Head of ALM. Amandine joined Agence France Locale on its creation, in 2013 as the communication Manager. Upon joining Agence France Locale, she worked during 2 years for a business cluster, Cap Digital where she has developed a communication for the French local public sector, companies and the public at large. Then she worked for the Association of French Mayors' communication service. Amandine is a graduate of University Paris Dauphine in Political Science and of the French Press Institute in Communication. +33 (0)4 81 11 29 40 / +33 (0)6 14 18 45 12 + 33 (0)4 81 11 29 43 +33 (0)4 69 84 81 01 +33 (0)4 81 11 29 31 [email protected] [email protected] [email protected] [email protected] January 17 Agence France Locale 35 Address and links Website: www.agence-france-locale.fr LinkedIn profile: LinkedIn Twitter account: @AgenceFRLocale January 17 Agence France Locale 36 January 17 Agence France Locale 37 Appendices January 17 Appendix 1 Exerpt from the law on the creation of Agence France Locale Appendix 2 The first call guarantee mechanism Appendix 3 Constant strenghtening of Agence France Locale’s equity Appendix 4 The budgetary «Golden Rule » for French local authorities Agence France Locale 38 Appendix 1:Exerpt from the law on the creation of Agence France Locale French Law no. 2013-672 of 26 July 2013 covering the separation and regulation of banking activities in Article 35 allows, subsequently codified in Article L. 1611-3-2 of the French CGCT (General Local Authorities Code), French local authorities to create a public company in the form of a limited company (société anonyme) governed by Book II of the French Commercial Code, whose corporate mandate is to contribute to their funding through a dedicated subsidiary company: "After Article L. 1611-3 of the General Local Authorities Code, Article L. 1611-3-2 is inserted, worded as follows: ‘Art. L. 1611-3-2. amended by Law No. 2015-991 of 7 August 2015 - Local authorities, tax-raising intercommunal cooperation public entities (EPCIs à fiscalité propre) and Etablissements publics territoriaux may create a public company in the form of a limited company (société anonyme) governed by Book II of the Commercial Code in which they hold 100% of the share capital and whose corporate mandate is to contribute to their funding through a dedicated subsidiary company. This company and its subsidiary shall perform their activities exclusively on behalf of the local authority members, tax-raising intercommunal cooperation public entities (EPCIs à fiscalité propre) and Etablissements publics territoriaux. This financing activity shall be carried out by the subsidiary using resources mainly generated by issues of financial instruments, excluding resources received directly from the State or resources guaranteed by the State. In derogation of the provisions of Articles L. 2252-1 to L. 2252-5, L. 3231-4, L. 3231-5, L. 4253-1, L. 4253-2 and L. 5111-4, local authorities, tax-raising inter-communal cooperation public entities (EPCIs à fiscalité propre) and Etablissements publics territoriaux are authorised to guarantee all of the subsidiary's commitments up to the amount of their own outstanding loans with said subsidiary. The conditions for the application of this guarantee are specified in the articles of association of the two companies.' " January 17 Agence France Locale 39 Appendix 2 : The first call guarantee mechanism The Members' Guarantee and the Agence France Locale - Société Territoriale Guarantee are both independent first call guarantees under Article 2321 of the Civil Code: they benefit holders of all securities issued and contracting parties of all acts concluded by Agence France Locale with the provision that these securities or acts shall apply based on the Guarantee of Agence France Locale or the Members' Guarantee: "The independent guarantee is the undertaking by which the guarantor is bound by virtue of an obligation entered into by a third party to pay an amount either on-demand or in accordance with agreed terms. The guarantor is not bound in the event of explicit abusive or fraudulent behaviour by the beneficiary or in the event of the latter colluding with the instructing party. The guarantor may not claim any exception against the guaranteed obligation. Unless agreed otherwise, this security does not follow the guaranteed obligation." January 17 Agence France Locale 40 Appendix 3 : Constant strenghtening of Agence France Locale’s equity • Each new local authority becomes a member through an initial capital contribution (ICC), valid for the entire duration of its membership Share capital 100% held by local authorities • The amount of this ICC is calculated based on the local authority’s economic size: • Max[0.8%x(total outstanding debt) ; 0.25%x(total operating revenues)] • No member can become a major shareholder (quick and significant capital dilution) + Annual profits added to retained earnings • Pay-out ratio of 5% maximum • Objective to strengthen the capital base as a priority = Regulatory capital January 17 Agence France Locale 41 Appendix 4 : The budgetary «Golden Rule » for French local authorities In its public report on local government finances published in October 2013*, the Cour des Comptes (National Court of Auditors) highlighted that local authorities “[...] represent in practice a sub-sovereign risk due to the golden rule: they must ensure that they are able to make capital repayments on their loans from their own resources and may only borrow to finance their investment needs. Compliance with this rule is guaranteed by the statutory budgetary audit mechanism involving regional and local Courts of Auditors acting at the behest of the State representative. It notably includes a procedure for rectifying excessive deficits in the accounts" This rule ensuring balanced budgets is notably codified in Article L.1612-4 of the CGCT: "The local authority budget is balanced when the operational and investment sections are both balanced and approved, with revenues and expenditures assessed in a faithful manner and when funding from the revenues of the operational section to the investment section, added to this section's own revenues (excluding proceeds from borrowings) and to depreciation and provisions, provide sufficient resources to cover annual capital repayments falling due during the financial year." Article L.2331-8 of the CGCT states that proceeds from borrowings represent one of the non-tax revenue items of the investment section in local authority budgets. Borrowings correspond to long-term debts taken out during the period. Borrowings may also only be used for funding investment requirements and must be differentiated from short-term debts, which only cover annual requirements and which are not included in the budget. January 17 Agence France Locale 42 January 17 Agence France Locale 43