Best Structured Finance Lawyers in Vise

1. About Structured Finance Law in Vise, Belgium

Structured finance in Visé focuses on securitisation, asset backed lending and the use of special purpose vehicles to package and transfer cash flows. In Visé, most activity involves cross border securitisation of Belgian assets or receivables with Dutch or German counterparties. The legal framework combines EU securitisation rules with Belgian corporate and financial services law.

In practice, securitisation deals in Visé typically involve Belgian SPVs established under the Code des sociétés et des associations (CSA) and governed by EU securitisation regulation principles. Investors, arrangers and servicers rely on Belgian legal professionals to navigate cross border contracts, language considerations in the Walloon region, and local enforcement options. A local lawyer can help you align the transaction with both EU level requirements and Belgian corporate governance norms.

2. Why You May Need a Lawyer

• A Belgian company in Visé plans a securitisation of its Belgian receivables and needs to set up an SPV in Belgium. This requires choosing the right corporate form, drafting the transfer documents and ensuring clean transfer of assets under CSA rules.
• You are coordinating a cross border securitisation with a Dutch counterparty. You need to decide governing law, enforcement strategy and arbitration seat to withstand cross border disputes.
• You want to obtain the STS label for a securitisation and must meet strict transparency and risk retention requirements. A lawyer can help structure the deal to satisfy STS criteria and prepare required public disclosures.
• Servicing, cash flow waterfalls and collateral management for a securitised portfolio require precise contracts and clear remedies in Belgium. An attorney can draft and review servicer agreements and performance metrics.
• You anticipate regulatory compliance issues under Belgian AML/CFT rules for securitisation participants. A lawyer helps implement due diligence, ongoing monitoring and reporting obligations.
• A securitisation transaction faces a dispute with investors or a default event. You will need experienced negotiation and, if needed, enforcement options in Belgian courts and cross border systems.

These scenarios are common for Visé based entities engaging in structured finance. A local attorney with cross border experience can help prevent missteps, reduce delays and improve the likelihood of successful capital raising.

3. Local Laws Overview

The following laws and regulations govern structured finance in Visé, Belgium. They blend EU level rules with Belgian corporate and financial supervision frameworks.

Regulation (EU) 2017/2402 on securitisation creates a single EU framework for securitisation and establishes criteria for simple transparent and standardized securitisations. It also defines the STS framework and disclosure requirements. This regulation has been applicable in Belgium since 1 January 2019.

EUR-Lex - Regulation (EU) 2017/2402

Code des sociétés et des associations (CSA) reforming Belgian corporate law governs the formation, governance and dissolution of Belgian SPVs used in securitisation. The CSA began to apply in Belgium around 1 May 2019 and shapes how SPVs are organised and reported in Visé.

Moniteur Belge / Belgian official publications

Belgian anti money laundering and countering the financing of terrorism framework aligns with EU directives and imposes due diligence, customer identification and suspicious activity reporting obligations on securitisation participants. Reforms introduced around 2020 enhanced risk based approaches and reporting requirements for securitisation related activities.

ESMA and EU AML/CFT guidance

Notes for Visé residents: expect a French language environment in business contexts, with Dutch used in cross border communications with the Netherlands. When forming SPVs, professionals often choose Belgian BV/SRL or NV/SA structures, depending on liability and governance needs. Always verify the most current texts with a Belgian solicitor due to ongoing EU and CSA updates.

4. Frequently Asked Questions

What is structured finance and how does it apply in Visé?

Structured finance uses SPVs to isolate assets and liabilities from the sponsor. In Visé, this often means transferring Belgian receivables to a Belgian SPV to securitise cash flows while complying with EU securitisation rules and CSA governance requirements.

How do I start a securitisation in Visé with Belgian assets?

Start by identifying the asset pool and selecting a Belgian SPV form. Then assemble the legal team, draft transfer and servicing agreements, and ensure disclosure and governance meet EU and CSA standards. A local lawyer coordinates the process.

What is Regulation (EU) 2017/2402 and why is it important?

It governs securitisation across the EU and sets rules for transparency, due diligence and STS conditions. For Visé deals, it provides the baseline framework that Belgian SPVs must meet to attract cross border investors.

Do I need a local Visé lawyer or can I use a foreign attorney?

While foreign counsel can support, a local lawyer familiar with CSA, Belgian courts and FSMA practice improves efficiency and cross border enforceability. Local counsel can manage filings, language nuances and local tax considerations.

How long does it take to set up an SPV in Belgium?

Timeline typically ranges from 6 to 12 weeks, depending on asset complexity, due diligence, and investor requirements. Initial structuring and approvals usually take 2-4 weeks, with documentation finalisation following.

What costs should I expect for a structured finance transaction?

Costs vary by transaction complexity and counsel, but a typical SPV formation and securitisation package may range from €50,000 to €250,000 in legal and advisory fees, plus rounding legal and filing costs.

Is the STS label required for all securitisations?

No, STS is optional but preferred for simpler risk profiles and better market access. Achieving STS requires meeting strict criteria on transparency, original exposures, and servicing arrangements.

What is the role of the SPV in a securitisation?

The SPV isolates assets, holds them on its balance sheet, and issues securities backed by those assets. It reduces the sponsor's direct exposure and centralises cash flow management and risk transfer.

Can a Visé securitisation involve cross border investors?

Yes. Cross border deals are common between Belgium, the Netherlands and neighbouring markets. Ensure governing law, jurisdiction and enforcement mechanisms are clearly defined in the documentation.

What due diligence is typical in a securitisation deal?

Due diligence covers asset quality, servicer capability, legal compliance and potential liens. A thorough review helps avoid regulatory issues and improves investor confidence.

Do I need to publish a prospectus or disclosure document?

Public securitisations often require disclosure documents under EU rules. Private deals may use private placement memoranda; your lawyer will tailor the documentation to investor and regulator expectations.

How do ongoing regulatory requirements affect my securitisation after closing?

Ongoing reporting, governance, and compliance obligations continue for the SPV and sponsor. Non compliance can trigger investor remedies or regulatory penalties, so proactive compliance is essential.

5. Additional Resources

• EUR-Lex - Regulation (EU) 2017/2402 on securitisation and the STS framework. This is the official text setting EU rules for securitisation and is a primary reference for all Belgian deals.

  Official regulation text from the European Union

  https://eur-lex.europa.eu/eli/reg/2017/2402/oj

• ESMA - Securitisation policy and supervisory material for EU securitisation, including investor protection and supervisory guidance.

  Official ESMA securitisation information and updates

  https://www.esma.europa.eu/policy-activities/securitisation

• Fédération des Barreaux de Belgique / FSMA reference materials for Belgian supervision and market conduct related to securitisation.

  Official Belgian market supervision and guidance

  https://www.fsma.be/en

6. Next Steps

1. Define your securitisation objectives and asset pool in Visé, including cross border elements if any. Set a realistic budget for legal, tax and financial advisory services. (1-2 weeks)
2. Identify a qualified structured finance lawyer in Visé or the Liège region with direct experience in SPV formation, securitisation regulation and cross border deals. Request a focused 30 minute initial consultation to assess fit. (1-3 weeks)
3. Prepare a concise information package for prospective lawyers, including asset types, target investors, and preferred SPV form (BV/SRL or NV/SA). This helps speed up due diligence and scoping. (1 week)
4. Request a formal engagement proposal outlining scope of work, hourly rates or fixed fees, and an anticipated timeline for SPV formation and securitisation documentation. (1-2 weeks)
5. Review engagement terms with your own compliance and tax teams, ensuring alignment with CSA governance requirements and cross border compliance needs. (1 week)
6. Initiate drafting of SPV formation documents, transfer agreements and servicing arrangements. Schedule periodic reviews to track progress and adjust milestones. (3-6 weeks)
7. Finalize disclosures, regulatory filings and investor communications, then execute the securitisation closing with all necessary sign offs and registrations. (2-4 weeks)