Best Structured Finance Lawyers in Mouscron

1. About Structured Finance Law in Mouscron, Belgium

Structured finance in Belgium, including Mouscron, centers on using securitisation and related SPV structures to fund and manage risk. Transactions typically involve transferring receivables or other assets to a legal entity that issues securities to investors. Belgian law relies on EU rules for securitisation, with local enforcement and reporting handled by the Financial Services and Markets Authority (FSMA) and other authorities.

In practice, structured finance in Mouscron often involves cross-border elements with France and the broader European market. Lawyers in the region help with contract drafting, SPV setup, regulatory compliance, and cross-border tax considerations. The aim is to create transparent, legally sound structures that meet investor expectations and regulatory standards.

Because securitisation touches banking, securities, and corporate law, a Belgian lawyer specializing in finance will review documents for validity, enforceability, and regulatory compliance. Local counsel can also assist with negotiating terms, governing law, and dispute resolution provisions that fit a cross-border portfolio.

2. Why You May Need a Lawyer

• Cross-border securitisation with France: A French counterparty asks for a securitisation SPV to issue notes; a Belgian attorney ensures the SPV is properly constituted under Belgian corporate law and compliant with EU securitisation rules.
• SPV governance and asset transfer: You need to verify asset transfer arrangements, servicing agreements, and ongoing representations and warranties to prevent default and ensure enforceability in Belgium.
• Regulatory reporting obligations: Your Belgian bank or SPV must comply with FSMA disclosure rules, capital requirements, and risk retention expectations under EU securitisation regulation.
• Tax efficiency and structuring: You require guidance on value-added tax, withholding taxes, and cross-border tax treaties when assets are moved to an SPV and notes are issued to investors.
• Investor documentation and prospectuses: You need legally compliant prospectuses and disclosure documents aligned with EU regulations and Belgian market practices to attract Belgian and foreign investors.
• Enforcement and dispute resolution: If a securitisation contract or servicing agreement leads to litigation, you want a Belgian lawyer who can navigate local courts and cross-border enforcement.

3. Local Laws Overview

Belgian securitisation relies on EU framework complemented by Belgian civil, corporate, and securities laws. In practice, Belgian professionals reference EU regulations while applying Belgian corporate forms and contract law to SPVs and securitisation structures.

Regulation (EU) 2017/2402 on securitisation and the STS framework sets common EU rules for securitisation, risk retention, disclosure, and investor protection. It applies across Belgium, including Mouscron, and is enforced through national authorities such as FSMA. Regulation (EU) 2017/2402.

Regulation (EU) 2017/1129 on the prospectus for securities offerings governs disclosure requirements for securitisation notes and other securitised instruments. It shapes what must appear in investor materials for Belgian securitisations. Regulation (EU) 2017/1129.

“EU securitisation regulation provides a single, uniform framework for securitisation across member states, including the deployment of STS criteria and standardised disclosure.”

In Belgium, FSMA oversees compliance and market conduct related to securitisation and structured finance. For practical guidance and regulatory updates, see the FSMA resources on securitisation and SPVs. FSMA Securitisation.

Recent trends include greater transparency requirements, evolving risk retention standards, and enhanced cross-border reporting. Banks and corporate borrowers increasingly rely on EU rules to harmonise securitisation practices across Belgium and neighboring jurisdictions. See EU and Belgian sources for authoritative details on changes and enforcement.

4. Frequently Asked Questions

What is structured finance and how does it work in Belgium?

Structured finance uses SPVs to isolate assets and issue securities to investors. In Belgium, EU securitisation rules apply, with local enforcement by FSMA and courts handling related disputes.

How do I start a securitisation SPV in Mouscron?

Usually you form a Belgian SPV as a corporate entity, transfer assets to it, appoint servicing and trustees, and issue notes to investors. A Belgian lawyer guides formation, documentation, and regulatory filings.

What is the Securitisation Regulation and why does it matter here?

Regulation (EU) 2017/2402 creates a uniform EU framework for securitisations, including risk retention and disclosures. It matters because it governs how securitisations are issued and monitored in Belgium.

Do I need to comply with the Prospectus Regulation for securitisation notes?

Yes, Regulation (EU) 2017/1129 requires a prospectus for public offerings of securitisation securities, with specific disclosure standards for investors.

How long does a typical securitisation process take in Belgium?

From initial structuring to investor closing, a compliant securitisation often spans 3 to 9 months, depending on asset type, cross-border issues, and regulatory review.

Do you need a lawyer to negotiate servicing agreements?

Yes. A lawyer ensures the agreement aligns with EU rules, protects your interests, and includes clear dispute resolution provisions.

Is cross-border securitisation common for Mouscron projects?

Yes, cross-border deals with France or other EU states are common. Legal counsel coordinates jurisdiction, governing law, and cross-border enforcement considerations.

What costs should I expect for securitisation legal work?

Costs vary with complexity, but expect fees for SPV setup, document drafting, regulatory filings, and negotiating servicing agreements. A detailed engagement letter clarifies scope and billing.

Can I issue securitisation notes to Belgian investors only?

You can issue to Belgian investors or international buyers, subject to EU disclosures and Belgian regulatory requirements. Your lawyer can tailor the approach to the target audience.

What are common disputes in securitisation and how are they resolved?

Disputes often involve asset repurchase claims, servicing breaches, or misrepresentations in disclosures. Resolution typically occurs through negotiated settlements or court adjudication in the relevant Belgian jurisdiction.

Should I consider tax implications in the securitisation structure?

Yes. Tax considerations affect SPV income, withholding, and investor returns. A Belgian tax advisor and lawyer should coordinate with the securitisation team.

How do I verify a securitisation's STS status in Belgium?

STS status requires meeting specific criteria and disclosure standards under EU rules. Your counsel ensures documentation and processing align with these criteria.

5. Additional Resources

• FSMA - Securitisation and SPV guidance: FSMA is responsible for supervising financial markets and ensuring investor protection in securitisation activities. fsma.be
• European Securitisation Regulation - Regulation (EU) 2017/2402: Official EU regulation establishing the framework for securitisation and STS criteria. eur-lex.europa.eu
• Prospectus Regulation - Regulation (EU) 2017/1129: Governs disclosure for securities offerings including securitisation notes. eur-lex.europa.eu

6. Next Steps

1. Define your objective and asset type: Determine whether you are securitising receivables, mortgages, or other assets, and outline desired investor criteria.
2. Engage local Belgian counsel with securitisation experience: Contact a lawyer in or near Mouscron who can guide SPV formation, asset transfer, and EU compliance.
3. Draft the SPV structure and key contracts: Prepare the SPV charter, servicing agreement, and master notes with clear representations and warranties.
4. Coordinate regulatory filings and disclosures: Plan for FSMA notices, prospectus disclosures, and any cross-border reporting requirements.
5. Assess cross-border considerations: If dealing with France or other jurisdictions, address governing law, conflict rules, and cross-border enforcement in contracts.
6. Review tax optimisation and reporting: Align securitisation structure with Belgian and EU tax rules, including withholding and VAT considerations as relevant.
7. Finalize documentation and execute the deal: Complete all agreements, secure investor commitments, and close the securitisation transaction with proper records.