Financial law

New European financial rules and regulations have increased heavily during the last decade and are having far-reaching consequences. It has become more challenging and complex to apply these rules correctly within your organisation. In addition, market developments also present constantly new challenges. We understand your need that existing financial products and services should maintain to comply with rules and regulations and that new to develop financial products or services should likewise comply. Our financial law expertise relate to the following areas:


Financing and alternatives
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What we do
We assist lenders and financial institutions with regular financing, alternative ways of financing and sustainable finance. We provide legal advice and prepare documentation, such as loan agreements, structured finance, leveraged finance and restructuring. We assist lenders with distressed loans and help them to protect their investments. We also assist investors and entrepreneurs to recover their capital and in litigation matters.
How we can help
  • > Subordinated debt
  • > Shareholders Agreements
  • > LMA documentation
  • > Alternative financing
  • > Surety
  • > Leasing
  • > Factoring
  • > Restructuring
  • > Guarantees
  • > Security documentation; charges, pledges

Our views:
  • > Ultra vires in the Dutch financing practise (Dutch language). Please click here.
Investment Management
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What we do
Our extensive expertise includes asset management, fiduciary management and asset pooling. We also have considerable expertise in structuring and assessing investment vehicles (such as private equity funds, ETFs, money market funds, hedge funds, fund of funds and infrastructure funds). We act for pension funds and other (institutional) investors with their specific legal requirements in relation to discretionary management and fiduciary management. We also act for asset managers regarding legal obligations towards their customers, such as its duty of care, information duties and warning obligations and conflict of interest issues. We also provide legal advice on sustainability issues.

How we can help
  • > Investment management agreements
  • > Fiduciary agreements
  • > Overlay services
  • > Investment advise agreements
  • > White-labelling
  • > Execution only agreements
  • > Structuring and setting-up investment funds (Offering documentation, agreements)
  • > Confidentiality agreements
  • > Termsheet
  • > Processing agreements
  • > Legal due diligence
  • > ESG Legal due diligence (SFDR, EU Taxonomy Regulation)
  • > In-control assessments
  • > Impact analyses regulatory change
  • > Assisting and advising with respect to obtaining permits and/or exemptions
  • > Providing advice in relation to rules and regulations (Mifid, AIFMD, EMIR)
Outsourcing
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What we do
It is common for (financial) parties and institutional investors, such as pension funds, to outsource certain (core) tasks and processes to group companies or third parties, such as administrative processes, management services and cloud services. When activities are outsourced, parties must comply with a range of regulatory requirements and internal policies in relation to outsourcing. After all, the risk associated with outsourcing remains with the management of the outsourcing party. If done badly, outsourcing can result in poor services, conflict of interests, higher risks and costs, and senior executives losing their jobs. We help you not lose sight of the ‘bigger picture’. We have extensive expertise in providing strategic advice and to help you prepare the necessary internal policies. We conduct pre-outsourcing analysis, undertake due diligence, draft and negotiate outsourcing agreements and ensure that the agreements comply with regulatory requirements and internal policies and help you plan an exit strategy. To make sure you are in control, we are able to periodically check the outsourced party.
How we can help

  • > Advising on outsourcing
  • > Advising on regulatory requirements
  • > Drafting outsourcing policies
  • > Conducting pre-outsourcing analysis
  • > Legal due diligence
  • > Term sheet
  • > Drafting and negotiating outsourcing agreement
  • > Confidentiality Agreements
  • > Service Level Agreements
  • > Processing agreements
  • > Planning exist strategy
  • > Assisting upon exist
  • > Periodically control


Our views:
  • > Risk management and the significance of a good outsourcing contract (Dutch language): Please click here.
  • > Please click here for the 2021 IOSCO Report on the 7 outsourcing principles for regulated entities.
Trading documentation
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What we do
We help domestic and foreign corporates, institutional investors, such as pension funds and housing corporations, financial institutions and trading companies with respect to the full range of over-the-counter and exchange traded derivatives. We draft and negotiate trading documentation, help clients in structuring new financial products and provide on-going legal risk management advise. We have practical knowledge of the way the international financial market operates and the industry documentation used therein. We combine this with our excellent knowledge of regulatory requirements, pragmatism and negotiating skills in order to truly make a difference to our clients.


How we can help
  • > ISDA architecture (analyses of various options)
  • > Advising on all aspects of regulatory and legal risk management
  • > ISDA documentation
  • > Central clearing documentation
  • > Securities Lending documentation (GMSLA)
  • > Repurchase Agreements (GMRA)
  • > Custody documentations
  • > Account opening documentation
  • > Bridge agreements
  • > Brokerage agreements
  • > Prime Brokerage agreements

Our views:
  • > The International Comparative Legal Guide - Derivatives 2022 - A practical cross-border insight into derivatives law: Please click here
  • > Force Majeure and ISDA Documentation: Please click here
  • > The impact of EMIR on ISDA Trading Documentation: Please click here
  • > EMIR: Legal Documentation – DACSI Seminar: Please click here
Regulatory
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What we do
Companies, financial investors, pension funds, banks, investment funds, asset managers and brokers are all subject to increasingly complex financial European regulatory requirements. This has a huge impact on how you run your business and what kind of financial products and services you may offer to your clients. We have extensive expertise with providing impact analyses and are happy to help you navigate the ever-changing complex playing field of regulatory requirements.
How we can help
  • > Impact analyses: Regulatory Change
  • > Implementation regulatory requirements
  • > Providing assistance with drafting internal policies
  • > Providing assistance and advice on obtaining permits and/or exemptions
  • > Providing assistance and advice on the offering of services and products
  • > Providing assistance with product development
  • > White-labelling
  • > Drafting, negotiating and amending agreements
  • > Communicating with supervisory authorities



More information on how we can help?
Please feel free to contact us.




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