Best Structured Finance Lawyers in Monselice

1. About Structured Finance Law in Monselice, Italy

Structured finance in Monselice involves creating financial structures that pool assets and issue securities or notes backed by those assets. In Italy this area is governed by national laws and EU rules, with parties often using a special purpose vehicle (SPV) to isolate assets and risk. A local avvocato (lawyer) can guide on contract design, regulatory compliance, and transactional steps from start to finish.

In practice, Italian structured finance deals frequently involve securitisations of receivables or loans, asset backed securities, and related hedging agreements. The legal framework integrates civil law, financial regulation, and corporate diligence to protect investors while enabling providers to access liquidity or optimize capital. For residents of Monselice, this work is typically coordinated through the Tribunale di Padova for civil matters and through notaries for act perfection and asset transfers.

2. Why You May Need a Lawyer

Below are concrete, locally relevant scenarios where a specialist in structured finance law can add value in Monselice and the Veneto region.

• A Veneto-based manufacturer in Monselice wants to securitize its accounts receivable to speed up working capital. You need an avvocato to draft and review the SPV documentation, ensure compliance with the Securitisation Regulation, and align risk retention obligations with Italian law.
• A local bank seeks to issue asset backed securities backed by Italian loans. A solicitor is required to structure the securitisation, negotiate the transfer of assets to an SPV, and prepare disclosure documents for investors and regulators.
• A small business in Padova receives an investment via a securitisation trust, and disputes arise about waterfall payments or servicing rights. You should hire counsel to interpret the securitisation agreement, appoint a servicer, and manage notifications to investors.
• An Italian investor in Monselice plans to invest in securitisations of consumer loans. Legal counsel will review due diligence materials, assess risk retention compliance, and advise on regulatory disclosures mandated by CONSOB and ESMA guidelines.
• A municipality or local authority explores financing a public infrastructure project through securitisation. You would need a solicitor to evaluate procurement rules, public sector governance requirements, and the securitisation SPV structure to comply with Italian and EU law.
• You are restructuring an existing securitisation to address a change in ownership or project scope. An avvocato can renegotiate terms, update servicer agreements, and ensure ongoing compliance with the EU Securitisation Regulation.

3. Local Laws Overview

Two to three core legal anchors guide structured finance work in Italy, including Monselice. These laws shape how securitisations are formed, disclosed, and regulated.

• Decreto Legislativo 24 febbraio 1998, n. 58 - Testo unico della finanza (TUF). This is the central Italian statute governing financial markets, securities offerings, and investment services. The TUF has been amended over time to implement EU directives and to modernise market conduct and investor protections. For practical navigation, consult the Consob and Bank of Italy guidance aligned with the TUF.
• Regolamento (UE) 2017/2402 - Securitisation Regulation. This EU regulation creates a harmonised framework for securitisations across member states, including due diligence, risk retention, and disclosure requirements. It applies to securitisations conducted in Italy as part of the national market ecosystem. Key provisions are available in the official EU text and summaries by European authorities.
• Regolamento Emittenti e normative Consob n. 11971/1999 - Regolamento Emittenti (Consob rules for listed and non-listed issuers), which governs disclosure, governance, and information packages in securitisation transactions. These provisions help ensure investor transparency and market integrity in Italy.

Recent developments emphasize EU harmonisation of securitisation, enhanced due diligence by investors, and clearer disclosure norms for SPVs and servicers. For authoritative references, see:

The Securitisation Regulation aims to harmonise due diligence and retention requirements across the EU securitisation market.

Source: ESMA and EUR-Lex for the Regulation text. Additional practical guidance is available from the Italian regulator: CONSOB - Cartolarizzazioni.

4. Frequently Asked Questions

Here are common questions in a conversational style. They cover basic, procedural, and advanced topics relevant to Monselice residents and local professionals.

What is structured finance in simple terms?

Structured finance packages assets into securities, allowing lenders to transfer risk and raise capital. This often uses SPVs to isolate assets from core operations.

What is a SPV used for in cartolarizzazione?

A SPV (società veicolo per cartolarizzazione) holds assets and issues securities to investors. The SPV is legally separate from the originator to protect investors.

How do I start a securitisation in Monselice?

You start with a solid business case, identify assets to securitize, and engage a qualified avvocato to draft the SPV structure and issue documentation.

What is the role of CONSOB in these deals?

CONSOB supervises market integrity and disclosures for securitisation issuances and investments. It issues guidance and rules that issuers must follow.

Do I need to retain risk in securitisations under EU rules?

Yes, the Securitisation Regulation requires a risk retention obligation by the originator or sponsor, subject to specific exemptions and structures.

How long does a typical Italian securitisation process take?

From initial deal approval to closing, expect 3 to 6 months for standard receivables securitisations, depending on complexity and due diligence scope.

What costs are typical for hiring a structured finance lawyer?

Costs vary by deal size and scope, but budget for initial advisory fees, document drafting, and negotiation costs. Expect several thousand to tens of thousands of euros.

Do I need to be in Monselice to work with a local avvocato?

No, you can work with an avvocato who services Monselice from the Veneto region. However, local familiarity with Padova courts and notarial practice is advantageous.

What is the difference between a lawyer and a consultant in Italy for these deals?

In Italy, an avvocato offers formal legal representation and litigation support. A consulente might provide due diligence or contract drafting, but not represent you in court.

Can securitisations involve cross-border investors?

Yes, many deals involve Italian assets attracting EU or global investors. You will need cross-border regulatory compliance and language-appropriate disclosures.

Should I involve a notary in the securitisation process?

Yes, for certain transfers of asset ownership and execution of formal acts, a notary (notaio) is typically involved to ensure enforceability and proper title transfer.

5. Additional Resources

These official sources provide authoritative information on structured finance, securitisation, and market regulation in Italy and the EU.

• CONSOB - Cartolarizzazioni - The Italian regulator’s guidance and rules for securitisation transactions, investor disclosures, and market integrity. consob.it
• European Securities and Markets Authority (ESMA) - European oversight and guidelines for securitisation, risk retention, and due diligence. esma.europa.eu
• Regolamento (UE) 2017/2402 on Securitisation - The EU framework that standardises securitisation across member states. eur-lex.europa.eu

6. Next Steps

1. Define your objective and asset pool. Clarify whether you are securitising receivables, loans, or another asset type common to Monselice-based businesses.
2. Engage an avvocato with structured finance experience in Veneto. Seek a consultation to assess feasibility and regulatory alignment within the TUF framework.
3. Prepare a high level term sheet and collect key documents (asset lists, servicing agreements, and existing contracts) for initial due diligence.
4. Develop the SPV structure with your lawyer, including governance, servicing, and waterfall mechanics. Ensure risk retention and disclosure terms align with EU rules.
5. Draft and review all securitisation documents (trust/SPV documents, servicing agreements, and investor disclosures). Schedule a coordination meeting with the notary as needed.
6. Submit regulatory notifications and investor disclosures. Coordinate with CONSOB if public offerings or prospectuses are involved.
7. Close the deal and implement ongoing governance, reporting, and servicing arrangements. Plan periodic reviews to remain compliant with EU securitisation standards.