Best Structured Finance Lawyers in Avelgem

1. About Structured Finance Law in Avelgem, Belgium

Structured finance in Belgium, including in Avelgem, centers on securitisation and asset backed financing. These arrangements typically involve an originator, an SPV and investors, with risk being transferred through a securitisation vehicle. Belgian practice follows EU rules while adapting to national corporate and tax frameworks.

In Belgium, securitisation activities are guided by EU Regulation and Belgian law, with oversight from national authorities. The arrangement often relies on a specialised SPV to hold assets and issue securities to investors. Local counsel in Avelgem assists with drafting, due diligence, regulatory compliance and closing documentation.

2. Why You May Need a Lawyer

Avelgem-based businesses seeking working capital or risk management may require tailored structured finance advice. Below are concrete scenarios you might encounter locally.

• A local SME in Avelgem wants to securitise its receivables to unlock cash for expansion. A lawyer helps structure the SPV, draft the transfer agreements and ensure regulatory compliance.
• A housing development firm in West Flanders intends to securitise future sales. A structured finance attorney can model cash flows, set up risk retention mechanics and coordinate with auditors.
• Avelgem banks seek to securitise an SME loan portfolio. Legal counsel coordinates asset transfer, rating agency inputs, and compliance with EU securitisation rules and Belgian corporate law.
• Cross-border securitisations involving counterparties in the Netherlands or France require European and Belgian law coordination. A lawyer ensures consistent contract language and regulatory alignment.
• Regulators introduce new securitisation disclosure or retention requirements. A Belgian solicitor tracks changes and updates all related documentation and procedures.
• In the event of investor or counterparty disputes, a lawyer explains enforcement options and negotiates settlements within Belgian civil and commercial codes.

3. Local Laws Overview

Belgium regulates structured finance through a mix of EU rules and national law. Key references include EU securitisation regulations and the Belgian corporate framework for SPVs and investment vehicles.

The Securitisation Regulation (EU) 2017/2402 establishes uniform requirements for securitisations across the EU, including risk retention and disclosures. Belgium implements these rules through national law and regulatory practice.

Belgian corporate law primarily uses the Code des sociétés et des associations, which governs corporate governance and the formation of entities used in securitisation transactions. The new framework for companies and associations introduced reforms that affect SPV structure and governance in Belgium.

In Belgium, the Financial Services and Markets Authority (FSMA) oversees financial markets including securitisation activities by non-bank entrants and public issuances. Local legal counsel in Avelgem coordinates regulatory filings and compliance with FSMA expectations.

“Retention of a material net economic interest of at least 5 percent is required for securitisations under the Securitisation Regulation.”

Source: ESMA provides guidance on the Securitisation Regulation and retention requirements. https://www.esma.europa.eu

Key Belgian references for further reading and official text include:

• Code des sociétés et des associations (new Belgian Companies and Associations Code) - official text and amendments (eJustice portal)
• Moniteur Belge and related Belgian legislative texts - official publication of laws and amendments
• FSMA overview of securitisation and market regulation - official guidance for Belgian market participants

4. Frequently Asked Questions

What is structured finance in plain terms?

Structured finance packages the funding and risk of a transaction into security backed structures. It typically uses SPVs to isolate assets and create asset backed securities for investors.

How do I start a securitisation in Avelgem?

Begin with a clear asset pool, engage a Belgian securitisation lawyer, and draft term sheets, SPV formation documents, and regulatory disclosures. Expect several weeks for initial drafting and approvals.

When is an SPV needed for securitisation?

An SPV is usually required when assets must be isolated from the originator and credit risk interests must be secured for investors. The SPV legally holds the securitised assets.

Where can I find regulatory guidelines for securitisation in Belgium?

Regulatory guidelines are published by the European Union and Belgian authorities. Start with the ESMA securitisation resources and the Belgian FSMA portal for national guidance.

Why is risk retention important in securitisation?

Risk retention aligns interests between originators and investors and is a central requirement under the EU Securitisation Regulation. It reduces moral hazard and enhances market stability.

Can I securitise receivables from a small business in Avelgem?

Yes, securitisation of receivables is a common structure for SMEs. It requires careful due diligence, transfer mechanics and regulatory compliance specific to Belgian law.

Should I hire a Belgian solicitor specialized in securitisation?

Yes. A specialist can tailor SPV formation, asset transfer, tax considerations and disclosure requirements to your project and local context in Avelgem.

Do I need board approval to pursue securitisation in Belgium?

board approval is typically required for significant corporate financing decisions, including securitisation. You should confirm internal governance requirements with counsel.

Is securitisation more expensive than other funding methods?

Costs vary by deal complexity, asset type and regulatory demands. A structured finance attorney helps compare total cost of capital and closing expenses for your case.

What’s the typical timeline for a securitisation deal in Belgium?

Structuring, due diligence and SPV formation often take 6-12 weeks, with regulatory filings adding several weeks. Larger cross-border deals may extend beyond this window.

Do I need to involve tax and accounting advisers?

Yes. Tax and accounting advice is essential to validate SPV tax status, revenue treatment and consolidation requirements for your securitisation.

What is the difference between securitisation and loan securitisation?

Securitisation pools assets and issues securities backed by those assets, whereas a simple loan is a direct debt. Securitisation spreads risk and creates capital market access.

5. Additional Resources

• ESMA - Securitisation Regulation overview and market guidance. Official ESMA site for EU securitisation rules and new requirements. https://www.esma.europa.eu
• FSMA - Belgian authority for financial markets and services, including securitisation disclosures and market integrity. https://www.fsma.be
• eJustice - Official Belgian portal for legislation, including the Code des sociétés et des associations and related texts. https://www.ejustice.just.fgov.be

6. Next Steps

1. Define your securitisation objective and asset pool. Document the expected cash flows, asset types and target investor profile. Timeline: 1 week.
2. Identify a Belgian solicitor or law firm with structured finance focus. Request a preliminary evaluation of feasibility and estimated costs. Timeline: 1-2 weeks.
3. Prepare a high level term sheet and initial SPV outline. Have counsel review and propose governance and risk retention terms. Timeline: 2-3 weeks.
4. Assemble the deal team including tax, accounting and regulatory advisors. Confirm roles, responsibilities and document requirements. Timeline: 1-2 weeks.
5. Draft and negotiate the SPV formation documents, transfer agreements and disclosure schedules. Timeline: 3-6 weeks depending on complexity.
6. Obtain regulatory approvals and complete closing. Coordinate with FSMA if required for your structure. Timeline: 4-8 weeks.
7. Close the transaction and implement post-closing controls and reporting. Establish ongoing compliance cadence and annual reviews. Timeline: ongoing.