Best Structured Finance Lawyers in Acharnes
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Find a Lawyer in AcharnesAbout Structured Finance Law in Acharnes, Greece
Structured finance covers financial transactions that repackage pools of assets or cash flows into tradable instruments or bespoke financing arrangements. Typical transactions include securitizations, asset-backed financings, covered bonds, synthetic structures and special purpose vehicle formations. In Acharnes - which is part of the Athens metropolitan area - structured finance matters are handled under Greek national law and EU rules, and by professionals and regulators based in Athens and Attica.
Anyone in Acharnes who is a lender, borrower, investor, servicer, trustee or property owner involved in structured finance will encounter legal issues that touch on contract law, company and insolvency law, property and registration requirements, tax and regulatory compliance. Local practitioners usually coordinate with national regulators, notaries, registries and courts located in Athens.
Why You May Need a Lawyer
Structured finance transactions are complex, technical and high-risk. You may need a lawyer if you are dealing with any of the following situations:
- You plan to securitize loans, receivables or real estate collateral and need to set up a special purpose vehicle or trust.
- You need a legal opinion on “true sale”, bankruptcy remoteness or the enforceability of assignment and pledge arrangements.
- You are drafting or negotiating inter-creditor agreements, servicing agreements, purchase and transfer documents, trustee or paying agent appointments.
- You need to comply with capital markets regulation, including prospectus and disclosure requirements if securities will be offered.
- You require tax planning and a tax opinion on transfers, withholding, VAT or other duties that may apply to a structured transaction.
- A dispute, default or insolvency has arisen that affects the securitized assets, the servicer, the issuer or investors.
- You need to register real property or rights with the Hellenic Cadastre or to obtain notarial deeds and mortgages.
- You want to ensure compliance with anti-money laundering - AML - and data protection - GDPR - obligations connected to the transaction.
Local Laws Overview
Structured finance in Acharnes is governed by a mix of Greek national law, EU regulation and administrative practice. Key aspects to understand include:
- Securitization framework - Greece has a national securitization framework that governs transfer of receivables and the operation of securitization vehicles. This framework has been developed through primary legislation and subsequent amendments to align with EU rules and market practice.
- EU Securitisation Regulation - Transactions that qualify or are marketed within the EU are affected by the EU Securitisation Regulation, which sets transparency, due diligence and risk-retention requirements.
- Corporate and company law - The Companies Code and related corporate law rules determine how issuers and special purpose vehicles are formed, governed and managed. Registration and filings are handled through national registries.
- Insolvency and bankruptcy law - Greek insolvency law governs creditor rights, restructuring and liquidation. For structured finance, issues such as “true sale”, segregation of assets and bankruptcy remoteness are central because they affect whether securitized assets fall outside a party's bankruptcy estate.
- Property and registration law - Real estate collateral must be properly registered. The Hellenic Cadastre manages property records in Attica. Notarial deeds are commonly required for mortgages and other security interests.
- Tax law - Transfers of assets, payments to investors, VAT and stamp duties can have significant tax consequences. Tax treatment can be transaction-specific and may require a formal tax ruling or opinion.
- Financial regulation and supervision - The Bank of Greece supervises banks, while the Hellenic Capital Market Commission supervises capital markets and regulated issuance. Transactions involving banking or capital markets participants must meet regulatory reporting and prudential requirements.
- AML and data protection - Compliance with anti-money laundering rules and GDPR is mandatory for transaction parties, particularly for investor onboarding, KYC and servicing functions.
Because many of these rules interact, structured finance deals typically require coordinated legal, tax and regulatory advice from specialists who understand the Greek and EU context.
Frequently Asked Questions
What is securitization and how does it work in Greece?
Securitization is the process of converting a pool of assets or receivables into tradable securities. In Greece, a typical securitization transfers assets to a special purpose vehicle - SPV - which issues securities to investors. The SPV structure, transfer formalities and regulatory compliance are governed by Greek law and EU rules. The transaction generally aims for “true sale” so that assets are separated from the originator's bankruptcy estate.
Can a resident of Acharnes be directly involved in securitization transactions?
Yes. Residents or businesses in Acharnes can be originators, investors, servicers or providers of collateral. However, most formal steps - such as registries, notarial acts and court filings - take place in Athens or national bodies. Local counsel will guide you on the specific steps and which national offices to approach.
Do I need a notary for real estate security in a structured finance deal?
Yes. When property is used as collateral, notarial deeds are typically required for mortgages or other real rights. Those deeds are executed by a Greek notary and registered with the Hellenic Cadastre. Local transactions in Acharnes will be processed through the relevant cadastre or registry office for the Attica region.
What does “true sale” mean and why is it important?
“True sale” means that the transfer of receivables or assets to the SPV is legally effective and the assets are removed from the originator's balance sheet and bankruptcy estate. True sale is important because it aims to protect investors by ensuring that the assets supporting the securities are not available to the originator's creditors in case of insolvency.
What regulatory approvals or notifications might be required?
Regulatory steps depend on the transaction. If banks or regulated entities are involved, the Bank of Greece may require notifications or approvals. If securities are issued to the public, the Hellenic Capital Market Commission - HCMC - rules on prospectuses and disclosure. AML checks and filings may also be required. Always check with a lawyer early in the planning process.
How are structured finance vehicles taxed in Greece?
Taxation depends on the vehicle type, the nature of the assets, the flow of payments and the parties involved. There may be corporate tax, withholding tax on payments, VAT or transfer taxes, and potential tax exemptions depending on the structure. Tax consequences are complex and you should obtain a specialist tax opinion before finalizing a transaction.
What protections do investors have under Greek law?
Investors rely on the legal form of the transaction - for example, the asset isolation from the originator, contractual priority of payments, collateral enforcement rights and trustee relationships. Greek law recognises security interests and assignments, but enforceability depends on correct documentation, registration and compliance with statutory formalities.
What are common legal risks in structured finance deals?
Common risks include ineffective asset transfers, misregistration of security interests, tax and withholding surprises, servicer performance or bankruptcy, regulatory non-compliance, and deficiencies in documentation that can impair enforcement. These risks are managed through thorough legal due diligence and clear contractual allocation of responsibilities.
Where would disputes be resolved if a structured finance dispute arises?
Disputes are typically resolved through litigation in the competent Greek courts or through arbitration if contract parties agreed to arbitration. For parties in Acharnes, courts in Athens are usually the relevant national courts. Choice of forum and dispute resolution clauses should be carefully negotiated and drafted.
How do I choose the right lawyer or advisor in Acharnes or nearby Athens?
Look for lawyers or firms with experience in banking, capital markets and securitization work. Ask for references, examples of similar transactions, expertise in tax and regulatory matters, and experience with the Hellenic Cadastre, notaries and local courts. Confirm language capabilities if you need documentation in English and ensure the engagement letter defines fees, scope and deliverables.
Additional Resources
Helpful organisations and authorities to consult or research when dealing with structured finance in Acharnes include:
- Bank of Greece - for banking supervision and prudential matters.
- Hellenic Capital Market Commission - for capital markets regulation and prospectus obligations.
- Hellenic Cadastre - for property registration and cadastral records.
- Independent Authority for Public Revenue - for tax rules and guidance.
- General Commercial Registry - for company registration and filings.
- Athens Bar Association - for lists of qualified lawyers and disciplinary rules.
- Hellenic Data Protection Authority - for data protection and GDPR compliance.
- Hellenic Federation of Enterprises and Greek Banking Association - for market practice and industry guidance.
- Notarial offices in Attica - for deeds, mortgages and authentication of documents.
Next Steps
If you need legal assistance with structured finance in Acharnes, follow these steps:
- Gather the basics - prepare documents describing the assets, contracts, parties, and the commercial objectives of the intended transaction.
- Arrange an initial consultation with a lawyer experienced in securitization and structured finance. Expect to discuss transaction structure, risks, timelines and fees.
- Order preliminary due diligence - title searches, receivable checks, corporate status checks and tax background reviews.
- Obtain legal opinions where needed - on transfer effectiveness, enforceability, tax treatment and regulatory compliance.
- Coordinate with tax and regulatory counsel - structure the transaction to meet both commercial and compliance goals.
- Prepare and register documents - execute notarial deeds, register security interests with the Hellenic Cadastre and file any necessary notifications with regulators.
- Agree servicing and enforcement protocols - ensure servicing agreements, trustee roles and enforcement steps are clearly defined and tested.
- Keep communication lines open - notify investors and stakeholders about timing, reporting and compliance obligations.
Working with local specialists who understand both the Athens legal environment and EU frameworks will help you manage complexity and reduce execution risk. If you are unsure where to start, contact a qualified Athens-based lawyer who regularly handles structured finance matters.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.