Best Structured Finance Lawyers in Elliniko

About Structured Finance Law in Elliniko, Greece

Structured finance covers financial transactions that transform cash flows or assets into bespoke instruments - for example, securitisations, asset-backed financings, project finance, and special purpose vehicle - based lending. In Elliniko, Greece, structured finance matters often arise in connection with large-scale real estate development, redevelopment projects, public-private partnerships - and bank portfolio sales. Elliniko is part of the greater Athens area and has been the focus of major redevelopment activity and private investment. That makes structured finance work in the area especially active and multi-disciplinary, involving banking law, corporate law, real estate law, tax, regulatory compliance and local planning rules.

Practically speaking, structured finance transactions in Elliniko involve a mix of Greek domestic law, EU-level financial and securities rules, and local land and planning law. Many transactions are executed through Greek or foreign special purpose vehicles, and they require careful attention to legal title, registry entries, creditor priorities, insolvency risks and tax consequences.

Why You May Need a Lawyer

Structured finance transactions are legally and commercially complex. You may need a lawyer in these common situations:

- You are a developer or investor structuring project finance or construction financing for a development parcel in Elliniko.

- You are a lender or investor considering participation in a securitisation, loan portfolio purchase or asset-backed transaction linked to Elliniko assets.

- You plan to establish a Greek special purpose vehicle for holding assets, issuing notes or isolating liabilities.

- You need due diligence on title, encumbrances, zoning or environmental constraints for property in the Elliniko redevelopment area.

- You are negotiating security packages, intercreditor agreements, guarantees or escrow arrangements across Greek and foreign jurisdictions.

- You face insolvency or restructuring issues involving secured creditors, enforcement of collateral, or cross-border creditor coordination.

- You must ensure compliance with regulatory rules such as securitisation requirements, derivatives clearing rules, or capital adequacy rules applicable to banks and investment firms involved in the transaction.

- You require tax planning and advice to optimise withholding, VAT, transfer tax and corporate tax consequences of a structured deal.

Local Laws Overview

Structured finance in Elliniko is governed by a network of legal regimes. Key aspects to consider are:

- Property law and land registries - Title, ownership, mortgages, servitudes and other encumbrances must be verified at the local land registry or the Hellenic Cadastre. Accurate registry records are critical for establishing priority and enforceability of security interests.

- Corporate law and vehicle choice - Greek corporate law allows various corporate forms for special purpose vehicles. Choice of corporate form affects governance, insolvency risk and tax transparency. Proper corporate governance and separate asset segregation for the SPV are essential to maintain bankruptcy remoteness.

- Insolvency and enforcement - Greece has modernised insolvency rules in recent years. Enforcement of security, foreclosure processes and creditor rights are governed by national insolvency law and court procedures. Cross-border insolvency issues will also engage EU law in many cases.

- Securities and regulatory rules - Securitisation and public offers are affected by national law and EU instruments, including the EU Securitisation Regulation and related prudential rules. Derivatives and OTC trades may be subject to EMIR obligations and to rules on clearing and margin for counterparties that are financial institutions.

- Banking and capital rules - If banks or regulated investment firms participate, prudential rules, capital requirements and conduct of business rules will shape deal structure. CRR/CRD rules and MiFID II considerations can be relevant for distribution, risk retention and transparency.

- Tax - Greek tax law affects VAT, transfer taxes, corporate tax, withholding taxes and stamp duties. Tax treatment of SPVs, interest payments and note issuances must be reviewed early. Tax incentives or exemptions may be available in specific contexts and must be confirmed with a tax adviser.

- Planning, zoning and environmental law - The Elliniko redevelopment involves urban planning approvals, permits and environmental assessments. Local municipal regulations and regional planning decisions can determine permitted uses, building rights and compliance obligations for projects.

- Contract law and language - Contracts are typically governed by Greek law when property is located in Greece, and many parties also negotiate English governing law for financial contracts. Ensure the governing law and jurisdiction clauses are carefully drafted and that translations are accurate.

Frequently Asked Questions

What is structured finance and how does it differ from ordinary lending?

Structured finance packages cash flows or assets into tailored instruments - for example securitising future rental income or receivables. Unlike standard lending where a bank simply lends to a borrower, structured finance often involves SPVs, tranching of risk, credit enhancement and bespoke legal documentation to separate asset risk from sponsor credit risk.

Can property in Elliniko be used as collateral for securitisation or project finance?

Yes. Real estate and related cash flows can be used as collateral. You must ensure clear title, proper registration of liens or mortgages, compliance with local planning and permitting, and that any lease or service contracts granting cash flows are assignable and enforceable under Greek law.

What corporate form should I use for an SPV in Greece?

Choice depends on investor objectives, tax profile and regulatory considerations. Common forms include the Societe Anonyme-like company and limited liability forms. Key considerations are bankruptcy remoteness, capitalisation rules, governance flexibility and tax treatment. Discuss specifics with corporate and tax counsel.

How do Greek and EU regulations affect securitisation transactions?

EU rules set disclosure, risk retention and prudential standards for securitisations. National law implements and complements those standards. Participants must also consider rules that apply to banks, investment firms and insurers involved in the deal, which can affect capital treatment and permitted exposures.

Do I need to register security interests in a public registry?

Yes. For real estate, mortgages and other property encumbrances must be registered with the land registry or Cadastre to be effective against third parties. Certain types of security over receivables or personal property may require registration to ensure priority - your lawyer will advise on the applicable registry filings.

What are typical lender protections in a structured finance deal in Greece?

Protections include first ranking security over assets, assignment of cash flows, escrow arrangements, intercreditor agreements, covenants on the borrower and SPV, step-in rights, and negative pledge clauses. Enforcement remedies and insolvency protections are tailored to preserve recoveries.

How are disputes and enforcement handled in cross-border structured finance transactions?

Dispute resolution commonly uses arbitration or agreed courts. For enforcement, domestic procedures govern enforcement of security over Greek assets. Cross-border insolvency is governed by EU rules where applicable. Choice of governing law and jurisdiction clauses should be chosen to align with enforcement strategy.

What tax issues should I expect in a structured finance transaction?

Expect to review VAT, transfer tax, corporate tax, withholding taxes on interest or payments to non-residents, and stamp duty. Tax residency of SPVs, treaty relief, and tax reporting obligations are key. A tax-optimised structure needs early advice from a Greek tax specialist.

How long does due diligence and documentation usually take?

Timelines vary with deal complexity. Small transactions may take a few weeks, while large project financings or securitisations can take several months of due diligence, negotiation, regulatory checks and documentation. Early identification of title, environmental and planning issues shortens the process.

How do I choose the right lawyer or law firm for structured finance in Elliniko?

Look for lawyers with experience in securitisation, project finance, banking law and real estate in Greece. Verify local experience in Athens and familiarity with the Elliniko redevelopment. Ask about previous transactions, regulatory experience, coordination with tax advisers and international counsel, and request a clear fee estimate and engagement terms.

Additional Resources

Useful bodies and resources to consult include national and EU regulators and local authorities that influence structured finance deals in Elliniko:

- Bank of Greece - for banking sector supervision and prudential guidance.

- Hellenic Capital Market Commission - for securities regulation and market conduct issues.

- Hellenic Cadastre - for property title searches and land registry information.

- Ministry of Finance - for tax rules, guidance and policy affecting transactions.

- Local municipality and regional planning authorities - for zoning, permits and urban planning rules relevant to Elliniko.

- European Securities and Markets Authority - for EU-level securitisation and market rules.

- Professional associations - Athens Bar Association and specialised real estate, banking and tax advisory firms for referrals and professional standards.

Next Steps

If you need legal assistance with structured finance in Elliniko, consider the following practical steps:

- Prepare a summary of the transaction - outline assets, parties, financing amounts, expected cash flows and timing.

- Gather key documents - title deeds, existing mortgages, leases, permits, corporate documents and financial statements.

- Identify the main legal issues - ownership, encumbrances, insolvency exposure, tax risks and regulatory constraints.

- Contact a lawyer with structured finance and real estate experience in Greece - request references and examples of similar transactions and confirm their approach to coordinating cross-border counsel if needed.

- Agree the scope of work and fee arrangement in writing - use an engagement letter that sets out deliverables, timelines and costs.

- Conduct targeted due diligence - title searches, regulatory checks, tax clearance and planning and environmental reviews early to avoid surprises.

- Build a project plan - set milestones for documentation, approvals, closing and post-closing compliance.

If you are unsure where to start, an initial consultation with a Greek lawyer who specialises in structured finance and real estate will help you map risks, costs and realistic timelines and determine whether local counsel in Elliniko or a coordinated international team is best for your needs.