Best Structured Finance Lawyers in Namur

About Structured Finance Law in Namur, Belgium

Structured finance in Namur, Belgium, centers on using financing techniques that pool assets and issue securities to investors. This approach often involves special purpose vehicles, securitisation structures, and complex risk allocation. In Namur, lawyers and legal counsel help negotiators align commercial aims with Belgian and EU regulatory requirements. Work in this area typically combines corporate law, finance, and regulatory compliance handled by an avocat or legal counsel familiar with securitisation structures.

Belgian practice recognizes structures such as asset backed securities and collateralised arrangements as distinct from ordinary lending. In Namur, deals often involve cross border components with counterparties in other Belgian regions or EU member states. Practical guidance from an avocats or notaire ensures that securitisation vehicles comply with local corporate forms and Belgian civil procedure.

For residents of Namur, it is important to engage a qualified lawyer early in the process. A local avocat can coordinate with lenders, rating agencies, and regulatory bodies to avoid later disputes. This localized expertise helps ensure that documents, timing, and registrations fit Namur’s court and regulatory settings.

Why You May Need a Lawyer

• Setting up an SPV for a receivables securitisation in Namur - An avocats team drafts the SPV agreement, creates the Belgian NV/SA vehicle, and aligns the structure with Belgian corporate law. This involves coordinating with lenders, rating agencies, and the FSMA for compliance.
• Negotiating securitisation documentation for a Belgian SME - A lawyer reviews and negotiates the master securitisation agreement, servicing agreements, and security interests over receivables. This helps prevent post closing disputes in Namur’s courts.
• Regulatory compliance for a securitisation vehicle - The securitisation vehicle must comply with Belgian and EU rules on transparency, risk retention, and capital requirements. An avocats ensures proper disclosure and governance.
• Cross border securitisation involving Namur counterparties - Cross border deals require harmonising Belgian law with EU securitisation standards and foreign law. A Belgian lawyer coordinates notices, contracts, and tax considerations.
• Tax and governance considerations for securitisation in Belgium - A lawyer explains how Belgian corporate tax treatment, participation exemptions, and cross-border withholding rules apply to securitisation income and distributions.

Local Laws Overview

Two to three core laws and regulations shape Structured Finance in Belgium and Namur, including the securitisation framework and EU rules adopted by Belgium. Below are the key laws by name with their general effective periods and recent relevance.

• Loi relative à la titrisation (Law on securitisation) - enacted to create a dedicated framework for securitisation transactions in Belgium. The law has been amended several times to incorporate EU securitisation standards and post crisis risk considerations. The framework supports Belgian SPVs and the transfer of assets into securitisation vehicles.
• Code des sociétés et des associations (CSA) (Code of Companies and Associations) - entered into force in 2019 with major reforms to corporate governance and corporate form rules. The CSA provides the legal structure for Belgian SPVs used in securitisation and governs capital, governance, and corporate actions. The 2019 reform is applicable across Belgium, including Namur.
• Regulation (EU) 2017/2402 sur les titrisations (EU Securitisation Regulation) - creates a general framework for securitisation across the EU, including Belgium. It imposes transparency and risk retention requirements and interacts with national law in securitisation transactions. The regulation began applying in 2019 and remains in force with ongoing updates.

According to the Belgian regulator FSMA, securitisation activities require proper registration, risk management, and transparency to protect investors and maintain market integrity.

For further details on supervision and market rules, consult these official sources: the Financial Services and Markets Authority (FSMA) and the EU Securitisation Regulation.

Key references and sources:

• FSMA - Belgian financial markets regulator
• Regulation (EU) 2017/2402 on securitisation
• FPS Economy - Belgian economic regulation and corporate law

Frequently Asked Questions

What is structured finance in Namur?

Structured finance pools assets to issue securities and manage risk. It often uses an SPV to isolate assets from operating risk.

How do securitisation deals work in Namur?

Deals start with asset pooling, SPV creation, and contract drafting. Regulators review disclosures and risk retention requirements.

When is an avocats involvement essential in a securitisation?

Engage a lawyer from the outset to draft the SPV documents and negotiate the master securitisation agreement.

Where should I register an SPV in Belgium?

Typically, the SPV is registered in Belgium as an NV or SA under the Code des sociétés et des associations.

Why do we need a regulator like FSMA for securitisation?

FSMA ensures transparency, investor protection, and market integrity in securitisation markets.

Can a non Belgian company securitise assets in Belgium?

Yes, but it requires coordination with Belgian counsel, local tax considerations, and regulatory approvals.

Should I expect ongoing regulatory reporting for the SPV?

Yes, ongoing reports and disclosures are typically required under EU Securitisation Regulation and Belgian law.

Do I need a prospectus for securitisation in Belgium?

Prospectus requirements depend on the instrument and investor base, under EU and Belgian rules.

Is there a minimum capital requirement for an SPV?

Capital requirements depend on the SPV form and the securitisation structure, as defined by Belgian corporate law.

How long does it take to structure a securitisation in Namur?

From initial drafting to closing, expect 8 to 20 weeks depending on complexity and regulatory approvals.

What are the tax considerations for securitisation in Belgium?

Tax treatment varies by structure and income type; the application of participation exemption may be relevant.

What is the difference between securitisation and factoring?

Securitisation pools financial assets and distributes securities, whereas factoring involves selling receivables at a discount for immediate cash.

Additional Resources

• FSMA - Financial Services and Markets Authority - Supervises Belgium financial markets, including securitisation structures and investment funds. https://www.fsma.be
• FPS Economy - Provides information on corporate law, company forms, and regulatory compliance affecting securitisation transactions in Belgium. https://economie.fgov.be
• European Securities and Markets Authority (ESMA) - EU level guidance on securitisation, transparency, and risk retention requirements. https://www.esma.europa.eu

Next Steps

1. Clarify your securitisation objective and gather relevant asset lists, contracts, and existing financing documents. This step usually takes 1-2 weeks.
2. Identify a Namur based avocat with securitisation experience and arrange an initial consultation within 2-3 weeks.
3. Request a preliminary structure opinion and a cost estimate for SPV incorporation, documentation, and regulatory review. Plan a 4-6 week timeline for drafting.
4. Draft the term sheet and securitisation master agreement, including servicing, cash flow waterfalls, and priority of payments.
5. Submit required disclosures and obtain any necessary regulatory clearances from FSMA and relevant authorities.
6. Finalize and execute all documents, fund the SPV, and complete asset transfer and securitisation closing.
7. Establish ongoing governance and reporting processes, including periodic investor and regulator communications.