Banking & Finance
Lexence’s areas of specialisation within banking & finance include financial regulatory law and financing transactions.
The finance team at Lexence advises borrowers, national and international banks, loan funds and lenders on raising and providing loan capital. The team has extensive expertise on the most common forms of finance, including property finance, leveraged and acquisitions finance, working capital finance, and restructuring.
Our specialised banking & finance team has extensive experience assisting and advising parties in the financial sector, including managers of investment institutions, investment firms, payment service providers and other financial enterprises. The advice they give covers both Dutch and European financial laws and regulations.
A more detailed description of our experience and expertise in these areas is given below.
Banking & Finance - Regulatory
Do you need advice on financial regulations? Or are you looking for high-quality assistance in obtaining the correct licences from financial regulatory authorities such as the AFM or the DNB? The lawyers at Lexence who specialise in the laws and rules that govern financial institutions will help you find the right solution. Our specialist team provides advice on Dutch and European financial regulations to managers of investment institutions, investment firms, payment service providers and other financial enterprises (including fintechs and parties working with cryptocurrencies).
What we do
The financial sector is subject to strict rules and regulations. For a financial enterprise, it is therefore important to ensure that their internal practices and procedures are adequate and compliant. Extensive and up-to-date knowledge of financial regulations is crucial in this respect, as these regulations are frequently amended. The team’s specialised and experienced lawyers will be happy to advise you on questions concerning the rules applicable to your current or future business, as well as with regard to ongoing supervision. They can also advise you on the rules and regulations governing the purchase or sale of a financial enterprise.
The team advises on and assists with applications for licences from the financial regulators the AFM and DNB. This includes advice on a firm’s internal documentation, client documentation, onboarding and KYC procedures, as well as help preparing for talks with the regulator about the licence and the client due diligence.
- National financial regulations;
- European financial regulations;
- Ongoing supervision (Wft, Wwft, AIFMD, PSD2, MiFID2, IFR/IFD, etc.);
- Licence applications to financial regulators (AFM, DNB)/
"Always on time and pro-active communicators, they always create a clear roadmap of the process and update us along the way."Legal 500 (2021)
Banking & Finance - Lending
Are you a lender who needs advice on your financing documents and security package? Or are you looking for high-quality assistance with the financing of your business or real estate acquisition? The banking lawyers at Lexence will help you complete the transaction successfully. Our specialised team advises national and international banks, loan funds and providers on maintaining their financial position and risk levels. The team also advises all types of borrowers on raising finance and negotiating the best possible terms and conditions.
What we do
Finance and security
When a lender and a borrower want to enter into a transaction, it is of prime importance to all parties that the transaction is completed quickly and smoothly. Lexence’s team of lawyers takes a pragmatic approach to this: closing the transaction is paramount. While documenting the transaction, the lawyers and notaries involved will of course safeguard your interests. The security package must be in order for the lender, and the conditions mustn’t be unreasonably onerous for the borrower. As lending is a long-term relationship between the relevant parties, the team bears in mind the bigger picture throughout the process and provides proactive advice to help find realistic solutions that will stand the test of time.
The team regularly issues legal opinions on Dutch companies and documents governed by Dutch law. This involves both capacity opinions and enforceability opinions, or a combination of the two. The team issues these opinion letters in the context of national and international financing transactions as well as in other types of transactions if required by a foreign party.
- Financing and security documentation (LMA or general credit terms);
- Acquisition finance;
- Property finance (development, acquisition and operation);
- Corporate finance (leverage-based, asset-backed, factoring and leasing);
- Establishment and enforcement of security interests (rights of mortgage and of pledge, and personal collateral);
- Guarantees, surety, joint and several liability;
- Legal opinions;
- Advice on the termination of credit agreements,
"Charles Destrée and Bas Zandvliet are hands-on, down to earth and easy to deal with. "Legal 500 (2020)