Best Structured Finance Lawyers in Thuin

1. About Structured Finance Law in Thuin, Belgium

Structured finance in Belgium typically involves securitisation and the creation of special purpose vehicles to pool financial assets and issue securities backed by those assets. In Thuin, as in the rest of Wallonia and Belgium, this practice is governed by EU rules implemented through Belgian law. Local lawyers help clients design structures that meet both regulatory requirements and business goals.

For residents of Thuin, structured finance often means working with an avocats or solliciteur who can coordinate with Belgian notaires for asset transfers, assess tax implications, and liaise with regulators. The focus is on protecting investors, ensuring cash flow control, and maintaining clear governance for SPVs that may hold Belgian assets such as receivables, real estate, or equipment leases.

Structured finance deals require careful navigation of corporate, tax, and securities rules. Belgian practice emphasizes transparent documentation, robust servicing arrangements, and clear waterfall mechanics to allocate payments. A local attorney can translate complex financial terms into enforceable, jurisdiction-specific contracts that align with Thuin’s business realities.

2. Why You May Need a Lawyer

Setting up or participating in a securitisation or structured finance transaction in Thuin raises multiple legal considerations. An experienced avocats or advocaat can reduce risk and improve certainty across the deal lifecycle.

• Setting up a Belgian SPV to securitise a portfolio of Thuin SME loans requires corporate governance clarity, asset transfer validity, and regulatory alignment with EU rules.
• Cross-border securitisation involving Belgian assets and French or Dutch counterparties needs careful drafting of governing law, dispute resolution, and cross-border servicing rights.
• Compliance with EU Securitisation Regulation and STS criteria affects structuring choices, risk retention, and disclosure obligations for investors in Thuin.
• Negotiating servicing, trust and administration agreements with banks or third party servicers needs precise waterfall, payment, and default rules enforceable under Belgian law.
• Tax and accounting implications for SPVs and asset backings must be reviewed to optimise returns while preserving regulatory compliance.
• Enforcement or amendment of securitisation documents after a borrower defaults may require court intervention in Mons or Charleroi, and clear cross-border enforcement options.

3. Local Laws Overview

Belgian and EU frameworks shape structured finance practice in Thuin. The following frameworks are frequently cited in Belgian securitisation transactions:

• Regulation (EU) 2017/2402 on securitisation and its related rules for simple, transparent and standardised securitisations (STS). These EU rules set common standards for disclosures, risk retention, and investor protections across member states, including Belgium. It directly influences how securitisations are structured and marketed in Thuin.
• Delegated Regulation (EU) 2018/1221 on STS criteria outlines the specific STS indicators used to classify securitisations as STS and gain favorable regulatory treatment. Belgium implements these criteria through national supervision and reporting requirements.
• Loi du 3 août 2014 relative au financement par titrisation (Law of 3 August 2014 on securitisation financing) as the Belgian national framework for securitisation vehicles, updated to align with EU rules. This law governs the creation, governance and external administration of securitisation vehicles in Belgium and is often cited in Thuin transactions for SPV formation and compliance. (Note: Belgian laws are subject to amendments; verify current text with a local lawyer.)

According to ESMA, EU securitisation regulation aims to improve transparency and investor protection while facilitating market access across member states. This helps ensure that Belgian securitisations remain robust and comparable to other EU markets.
Source: https://www.esma.europa.eu

Belgian markets are monitored for stability and statistical trends by the National Bank of Belgium, which provides market data relevant to securitisation activity.
Source: https://www.nbb.be

4. Frequently Asked Questions

What is structured finance in simple terms?

Structured finance uses SPVs to pool assets and issue securities backed by those assets. The aim is to transfer risk and enable funding that might not be possible through traditional loans.

How does securitisation differ from a regular loan in Belgium?

Securitisation transfers assets to an SPV, which issues securities to investors. Payments depend on asset performance, not on direct borrower credit. This shifts risk and funding away from the originator.

What is an SPV and why is it used in Thuin?

An SPV is a separate legal entity created to hold assets and issue securities. It isolates assets from the originator, helping with risk management and investor confidence.

Do I need an avocaat or solicitor to start a securitisation in Thuin?

Yes. A Belgian avocats or advocaat can advise on regulatory alignment, contract drafting, and cross-border issues. They coordinate with notaires when asset transfers are involved.

How long does it take to set up a securitisation in Belgium?

Initial structuring and SPV formation typically take 6 to 12 weeks, depending on asset complexity and regulator clearance. Ongoing servicing arrangements add to the timeline.

What documents are required to begin a securitisation?

Key documents include the term sheet, structuring memorandum, SPV charter, servicing agreements, credit agreements, and security documentation. A local lawyer tailors these to Thuin assets.

Is there a minimum capital requirement for an SPV in Belgium?

Belgian SPVs must satisfy corporate and regulatory capital requirements set for securitisation vehicles. A lawyer can confirm current thresholds for your structure.

What is the difference between STS and non-STS securitisations?

STS securitisations meet specific criteria for transparency and simplicity, often attracting favorable regulatory treatment. Non-STS deals have different disclosure and risk-retention requirements.

Do I need to file disclosures with the Belgian regulator?

Most securitisations require investor disclosure and periodic reporting. The Belgian supervisor, in coordination with EU rules, reviews compliance and ongoing reporting obligations.

Can a Thuin SME issue asset backed securities?

Yes, if an SPV is structured to hold the SME assets and meet EU and Belgian requirements. Legal counsel is essential to align asset pools, governance, and disclosures.

What are typical servicing responsibilities in a Belgian securitisation?

Servicing covers collection, default management, reporting to the SPV, and distribution of proceeds to investors under the waterfall structure.

What costs should I budget for a securitisation project?

Costs include legal fees, notarial costs for asset transfers, structuring fees, regulatory fees, and ongoing servicing costs. A lawyer can provide a detailed budget for your deal.

5. Additional Resources

Access to authoritative, governmental or official sources is essential for understanding structured finance in Belgium. The following resources offer guidance, rules, and oversight relevant to Thuin deals:

• Federal Public Service Finance (FPS Finance) - Provides Belgian tax and corporate law guidance relevant to securitisation, SPVs, and cross-border financing. https://finances.belgium.be
• Autorité des services et marchés financiers (FSMA) - Belgian regulator for financial markets and investor protection. Helpful for compliance and disclosures in securitisation offerings. https://www.fsma.be
• European Securities and Markets Authority (ESMA) - EU-wide supervisory guidance and market data on securitisation frameworks, including STS criteria. https://www.esma.europa.eu

6. Next Steps

1. Clarify your objectives and asset pool. List assets, counterparties, and target investor profile. Time estimate: 1 week.
2. Engage a Belgian avocats or advocaat with structured finance experience. Obtain referrals from local business networks in Thuin. Time estimate: 1-2 weeks.
3. Draft a preliminary structuring plan, including SPV domicile, governance, and the proposed servicing framework. Time estimate: 2-3 weeks.
4. Review EU securitisation regulations and Belgian implementing measures with your counsel. Confirm whether STS treatment is suitable. Time estimate: 1-2 weeks.
5. Prepare and sign the term sheet, SPV charter, and initial asset transfer documents with a notaire if real property is involved. Time estimate: 2-4 weeks.
6. File disclosures and obtain any required regulatory approvals. Coordinate with FSMA and ensure ongoing reporting capabilities. Time estimate: 4-8 weeks.
7. Close the transaction and establish ongoing governance, reporting, and servicing arrangements. Implement a compliance calendar for annual reviews. Time estimate: 1-2 weeks post-close.