Best Structured Finance Lawyers in Pinerolo

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Macello Avv. Debora
Pinerolo, Italy

English
Macello Avv. Debora Studio Legale Macello, based in Pinerolo, Italy, provides expert legal services to banking and finance clients as well as insurance companies. The firm is recognized for its debt recovery and process management capabilities, advising on non-performing loan portfolios, and...
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About Structured Finance Law in Pinerolo, Italy

Structured finance in Pinerolo, Italy, sits at the intersection of Italian civil law, EU regulation, and financial market practice. Deals typically involve special purpose vehicles (SPVs), transfer of receivables, and issuance of asset-backed securities or notes to investors. Local counsel in Pinerolo coordinates with national regulators and banks to ensure compliance across the lifecycle of the deal.

In practice, Italian securitization structures rely on core frameworks established by national law and European securitisation rules. SPVs are used to isolate assets and financing from the originator, helping participants manage risk and capital requirements. Italian lawyers in Pinerolo often handle document drafting, regulatory approvals, tax considerations, and enforcement matters in case of disputes.

Because Pinerolo is part of the Piedmont region near Turin, you will see frequent involvement with courts and regulators in the broader Turin metropolitan area. Local counsel typically coordinates with national bodies to ensure that pari passu terms, transfer of credit rights, and servicing arrangements comply with Italian and EU law. This regional context matters for timing, filing, and enforcement processes.

Why You May Need a Lawyer

Contract review for receivable securitizations - If your company plans to securitize a pool of trade receivables, a lawyer can assess the transfer mechanics, true sale considerations, and servicer obligations to prevent disputes. In Piedmont, local lenders and originators often require precise drafting to avoid post-closing claims.

SPV formation and governance in Piedmont - Creating a special purpose vehicle involves corporate structuring, tax planning, and regulatory clearance. A local attorney helps select the right jurisdiction, draft the SPV charter, and align governance with Italian corporate law. This reduces the risk of later recharacterization challenges.

Regulatory compliance for securitisation in Italy and the EU - Securitisation deals must align with EU Regulation 2017/2402 (STS) and Italy's implementing rules. A lawyer ensures eligibility criteria, disclosures, and rating agency requirements are properly addressed. You also need ongoing compliance for reporting and risk retention rules.

Enforcement and dispute resolution in the Turin area - If an SPV or originator defaults, you may need to enforce rights in Italian courts, such as the Tribunale di Torino. A local lawyer understands procedural timelines, attachment procedures, and cross-border considerations within the EU framework.

Tax and accounting treatment for securitisation structures - Italian tax rules for securitization and SPVs affect returns and cash flows. An attorney can coordinate with tax advisors to optimize structuring while maintaining compliance with national and EU tax rules.

Cross-border or lender-investor negotiations - If investors or foreign lenders participate, you will benefit from counsel who can bridge Italian contract language with international market standards. This reduces the risk of misinterpretation and enforcement delays in a cross-border context.

Local Laws Overview

Italy uses a combination of national and EU rules to govern structured finance. The main national instrument is Law No. 130 of 1999, which established the framework for securitization of credit rights and the use of special purpose vehicles. This law allows originators to transfer assets to an SPV that issues securities to investors. It remains a foundational reference for Italian securitisation transactions.

The European framework includes Regulation (EU) 2017/2402 on securitisation and the simple, transparent and standardised (STS) securitisations framework. This regulation shapes eligibility, risk retention, disclosures, and capital treatment for securitisations carried out inside the EU. Italian practitioners must align local deals with both the Regulation and national law.

In addition, Italy relies on the Consolidated Finance Law and the Italian framing under the Testo Unico della Finanza (TUF) to regulate how financial markets operate, including securitisation activities. Compliance involves disclosures, servicing arrangements, and investor protection rules applicable to securitisation transactions. These structures must be designed to withstand regulatory scrutiny and market discipline.

Key EU reference: Regulation (EU) 2017/2402 on securitisation and the STS framework, which standardises securitisation practices across member states.

Source: ESMA - Securitisation Regulation and STS

Key EU reference: European Commission overview on securitisation and market regulation within the EU framework.

Source: European Commission - Securitisation

Recent trends include a push toward greater transparency, standardisation, and investor protections under the STS regime. Italy continues to harmonise its reporting and servicing obligations with EU expectations to maintain market access for Italian securitisation issuances. Local professionals must stay updated on changes to SPV governance, tax treatment, and cross-border enforcement rules.

Frequently Asked Questions

What is securitisation and how does it work in Italy?

Securitisation pools together cash flows from assets, transfers them to an SPV, and issues securities backed by those assets. In Italy, Law 130/1999 governs the structure and transfer mechanics, while EU rules set disclosure and investor protection standards.

How do I start a securitisation transaction in Pinerolo?

Begin with a feasibility assessment and select an SPV structure. Engage a local lawyer to draft the transfer documents and servicing agreement, then coordinate with lenders and regulators to ensure compliance.

What is the role of an SPV in a structured finance deal?

The SPV isolates the securitised assets from the originator and issues securities to investors. Its governance and accounting must comply with Italian corporate law and EU securitisation rules.

Do I need to pursue STS classification for my deal?

STS classification can improve liquidity and investor confidence, but it requires meeting specific criteria and ongoing compliance. A lawyer can help determine eligibility and coordinate with auditors and regulators.

How long does it take to close a securitisation in Italy?

Simple deals may close in 4-8 weeks; more complex transactions can take 3-6 months. Timing depends on asset quality, regulatory clearances, and due diligence findings.

What are the typical costs for a structured finance engagement in Pinerolo?

Costs vary by complexity and scope. Expect fees for legal due diligence, drafting, negotiations, and regulatory filings, plus potential ongoing servicing and compliance costs.

Do I need a local lawyer in Pinerolo, or can I work with national firms?

You can work with either, but local lawyers bring familiarity with Piedmont courts, local brokers, and regional servicing practices. A hybrid approach is common for cross-border deals.

What documents should I prepare for a securitisation review?

Prepare asset lists, flow charts, servicing agreements, transfer deeds, and any prior securitisation documents. Include financial projections and compliance reports for a complete review.

Is there a difference between plain vanilla securitisation and complex collateralised structures?

Yes. Complex structures may involve multiple asset pools, cross-collateralisation, or intercreditor agreements. They require deeper legal and financial analysis and more robust risk disclosures.

How can I compare different securitisation offers?

Compare asset quality, disclosure depth, servicing terms, payment waterfalls, and credit enhancements. Evaluate tax implications and regulatory compliance requirements for each option.

Can I challenge a securitisation deal if I suspect misrepresentation?

Yes, you may pursue remedies under contract law, consumer protection rules, or securities law provisions. A lawyer can help preserve evidence and coordinate with regulators if needed.

What should I know about enforcement in case of a default in Piedmont?

Enforcement typically proceeds through Italian courts, starting with specific attachment or insolvency procedures. Local counsel helps navigate timelines and jurisdictional nuances effectively.

Additional Resources

  • European Securities and Markets Authority (ESMA) - Provides guidance and rulings on securitisation Regulation and STS standards across the EU. Source: ESMA
  • European Commission - Securitisation - EU-level overview of securitisation policy, market developments, and regulatory framework. Source: European Commission
  • Ministero dell'Economia e delle Finanze (MEF) - Italian government portal for financial regulation and market practices, including securitisation guidance. Source: MEF

Next Steps

  1. Define your transaction goals and gather related documents, such as asset lists, servicing agreements, and prior securitisation records. Timeline: 1-2 weeks.
  2. Identify local Piedmont or Turin-area law firms with structured finance experience and request initial consultations. Timeline: 1-3 weeks.
  3. Request a formal engagement letter outlining scope, fees, and anticipated milestones. Timeline: 1 week after initial meeting.
  4. Conduct due diligence with your chosen counsel, including asset quality, title and transfer clarity, and regulatory compliance checks. Timeline: 2-6 weeks depending on complexity.
  5. Draft and negotiate the transactional documents, including SPV governance, transfer deeds, servicing agreements, and investor disclosures. Timeline: 2-8 weeks.
  6. Obtain necessary regulatory clearances and complete closing formalities, followed by implementation and ongoing servicing compliance. Timeline: 1-3 months for closing; ongoing compliance ongoing.
  7. Establish an ongoing relationship with your legal team for post-close reviews, annual securitisation updates, and potential amendments. Timeline: ongoing.

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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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