Best Structured Finance Lawyers in Herstal

1. About Structured Finance Law in Herstal, Belgium

Structured finance in Belgium, including Herstal, is shaped by EU rules and Belgian civil and corporate law. Transactions typically use a special purpose vehicle (SPV) to hold assets and issue securities to investors. Belgian lawyers often coordinate with lenders, originators, trustees, and servicers to ensure true sale, tax efficiency, and regulatory compliance.

In practice, a Belgians SPV is used to isolate assets and cash flows from the originator, reducing risk to investors. Belgian counsel helps negotiate securitisation agreements, service level agreements, and the trust or escrow arrangements that govern cash flows. Local lawyers also ensure compliance with EU rules on disclosure, retention requirements, and investor protections.

Because structured finance deals frequently cross borders, Herstal practitioners routinely align Belgian practice with EU securitisation standards. This includes understanding how European regulations interact with Belgian corporate law, tax rules, and notarial requirements when assets and SPVs are created or reorganised. A Belgium-focused solicitor can explain how regional and national rules affect deal timing and enforceability.

2. Why You May Need a Lawyer

Here are concrete scenarios in Herstal, Belgium where a structured finance solicitor is essential.

• You plan a Belgian SME loan portfolio securitisation and need an SPV and true sale assessment. A lawyer will draft the SPV charter, sale agreement, and cash flow waterfall to satisfy Belgian and EU requirements.
• You are a Belgian originator required to retain risk under the EU Securitisation Regulation. An attorney can map retention mechanics, due diligence, and disclosure obligations to your factual context.
• You are negotiating servicing arrangements for a securitised pool in Belgium. A legal counsel will review servicing agreements, reserve accounts, and performance triggers to protect your interests.
• You intend a cross-border securitisation involving a Belgian SPV and counterparties in France or Luxembourg. You will need an attorney to coordinate Belgian law with foreign law, including conflict of laws and enforcement provisions.
• Your bank or investment firm must comply with EU capital requirements and securitisation disclosures. A lawyer can advise on regulatory alignment, risk reporting, and investor communications in Herstal.

3. Local Laws Overview

Below are 2-3 key legal frameworks that govern structured finance in Belgium, including Herstal. Each law or regulation has implications for how deals are structured, documented, and disclosed.

• Regulation (EU) 2017/2402 on securitisation and re-securitisation - This EU Regulation establishes the harmonised framework for securitisation in the EU, including the simple, transparent and standardised (STS) regime, due diligence, risk retention, and disclosure rules. It applies directly in Belgium and guides how securitisation notes are issued and managed. Effective from 1 January 2019 for most securitisations within the EU.
• Regulation (EU) 2017/1129 on prospectuses to be published when securities are offered to the public or admitted to trading - This Prospectus Regulation governs the disclosure and documentation required for securitised notes and related securities. It supports consistent investor information across Belgian issuances. Applicable from July 2017 with phased rollouts across member states.
• Code des sociétés et des associations (CSA) - Belgian Companies and Associations Code - The CSA, which governs corporate forms including SPVs used in securitisation, took effect in Belgium with phased implementation around 2019-2020. It affects how SPVs are created, capital structure is set up, and how corporate governance and transfer of assets are managed in securitisation deals.

In addition to these, banks operating in Belgium follow EU prudential regimes such as the CRR and CRD IV, which influence securitisation activity in terms of capital requirements and supervision. Local counsel can translate these requirements into deal-specific steps for Herstal projects. Recent EU trends emphasize transparency and standardisation, including the STS criteria for securitisations.

4. Frequently Asked Questions

What is securitisation?

Securitisation is the process of converting a pool of assets into tradable securities. An SPV holds the assets and issues notes to investors. In Belgium, lawyers coordinate documentation, governance, and regulatory compliance.

What is an SPV in a Belgian deal?

An SPV is a separate legal entity created to own assets and isolate risk. It is designed to be bankruptcy-remote, ensuring investors rely on cash flows from the asset pool rather than the originator.

How do I start a securitisation in Herstal?

Start by outlining the asset pool, target investor base, and preferred SPV location. Engage a local structured finance solicitor to draft term sheets and initial structures within Belgian law.

What is a true sale in securitisation?

A true sale transfers ownership of assets from the originator to the SPV. This transfer is essential for risk isolation and regulatory treatment in Belgium.

How much does a structured finance lawyer cost in Belgium?

Bare-bone guidance suggests hourly rates range from €150 to €600 depending on firm size and complexity. Fixed-fee components are common for initial structuring work.

How long does a typical Belgian securitisation take?

A straightforward deal can take 3-6 months from initial brief to closing. Complex cross-border transactions may extend to 6-12 months.

Do I need to be Belgian resident to securitise?

Non-residents can securitise assets through Belgian SPVs with local counsel. Local filings and governance still require compliance with Belgian and EU law.

What is the difference between SPV and SPE?

SPV stands for special purpose vehicle and SPE stands for special purpose entity. In practice, both refer to the same concept of a separate legal entity for asset isolation.

Should I hire a local solicitor in Herstal for a cross-border deal?

Yes. Local counsel understands Belgian corporate law, notarial requirements, and filing obligations. They coordinate with foreign counsel for harmonised documentation.

Do securitisation deals require a notary in Belgium?

Notary involvement is common for asset transfers and certain real estate components. A Belgian notary ensures formal transfer and proper authentication where required.

Is there an EU framework for investors in securitisations?

Yes. The EU framework includes the Securitisation Regulation and the Prospectus Regulation, which establish disclosure and investor protection standards across member states including Belgium.

What is the STS designation in securitisation?

STS stands for simple, transparent and standardised securitisations. It provides preferential regulatory treatment and higher market acceptance for compliant transactions.

Can I compare Belgian structured finance lawyers easily?

Yes. Compare track records on securitisation deals, SPV setup experience, cross-border capability, and familiarity with EU disclosure regimes and Belgian corporate law.

5. Additional Resources

Use these authoritative sources for additional guidance and official information on securitisation and structured finance.

EU Regulation 2017/2402 on securitisation provides the harmonised framework for securitisation in the EU, including STS rules and due diligence requirements.

European Commission - Securitisation explains the framework and its market implications across member states, including Belgium.

Regulation (EU) 2017/1129 on prospectuses harmonises disclosure requirements for securitised securities offered to the public or admitted to trading.

EUR-Lex - Prospectus Regulation provides the official text and application details for investors and issuers.

Belgians Financial Market supervision is carried out by FSMA. For guidance specific to Belgium, see the regulator's resources and publications on securitisation and market practices.

EU securitisation and disclosure standards emphasise transparency and market resilience through consistent documentation and reporting.

ESMA offers guidance and supervisory perspectives on securitisation markets across the EU.

6. Next Steps

1. Define your securitisation objective and asset pool type, noting whether you plan a Belgian SPV or a cross-border structure. Timeline: 1-2 weeks.
2. Gather key documents for review, including asset lists, existing contracts, and regulator expectations. Timeline: 2-3 weeks.
3. Identify potential structured finance lawyers in Herstal with Belgian SPV experience. Request brief proposals and initial consultations. Timeline: 1-2 weeks.
4. Schedule an initial consultation to discuss structure, regulatory implications, and costs. Timeline: 1-2 weeks after shortlist.
5. Engage a Belgian solicitor and sign an engagement letter. Develop a high-level term sheet outlining structure and milestones. Timeline: 1-3 weeks.
6. Begin drafting and negotiating SPV documents, sale agreements, service agreements, and disclosures. Timeline: 6-12 weeks depending on complexity.