Banking: supervisory legislation, market access, licensing and financing
The financial sector is one of the world’s most regulated industries. In the Netherlands, the sector is faced with a never-ending stream of – mostly European – rules and regulations. Because of new laws, for instance regarding crowd-funding and PRIIPs, as well as revisions of AIFMD, MiFID and enhanced Solvency II rules, financial market players are forever expected to cater to new developments while continuing to meet their obligations and the requirements by which they are governed.
Rather than just affecting legal and compliance departments, as it did in the past, complex financial supervision legislation is now impacting organizations across the board, which is why they cannot do without pragmatic advice and support.
Meijburg Legal assists Dutch and foreign banks, other financial institutions, investors, large enterprises and regulators in their financial markets dealings, for instance by advising on licensing procedures with the Netherlands Authority for the Financial Markets (AFM) or the Dutch Central Bank (DNB). We provide advisory services on continuous supervision and compliance requirements, usually in a cross-border context. We are involved in fund structuring, in which process we not only map out supervisory law aspects for our clients, but also draw up the required fund documentation. In addition, our experts help clients prepare prospectuses and get them approved.
Our people integrate their legal and notarial skills with sector knowledge and with the expertise of tax, management consulting, financial and economic specialists of Meijburg & Co and our international network. This forms the basis for our robust advisory opinions and practical solutions that encompass more than just the legal field.
Our banking-related advisory services cover:
- Market access issues and license applications with AFM/DNB
- Applications for declarations of no objection and integrity screenings
- Scope-related issues
- Compliance services and support (product development, AML and sanctions)
- Fund structuring and fund documentation
- Consumer credit and consumer credit documentation
- Capital market transactions (debt and equity)
- Market abuse
- Pay-related issues and employee participation plans
In the finance realm, Meijburg Legal provides advisory services to banks, money market funds, development institutions, lenders in various financing transactions, borrowers, enterprises and property developers.
We have extensive experience in assisting clients in transactions involving working capital finance, acquisition finance, property finance, asset-based finance, project finance and alternative finance such as crowd-funding and factoring. We help clients prepare finance and security documents, and we issue legal opinions as part of finance transactions. But you can also count on Meijburg Legal’s expertise when it comes to transactions in loan portfolios (performing or non-performing).
Our clients frequently engage us to assist in internal liquidity projects, which would include setting up internal finance structures and cash pool arrangements (either with or without external financiers).
The team advises clients on capital market transactions (debt and equity) and private transactions, such as bond programs.
Meijburg Legal combines transaction experience with financial supervision expertise and collaborates closely with other specialists within our network. Our team is known for its pragmatic, internationally oriented and multidisciplinary approach.
Our finance-related advisory services cover:
- Drafting, review and negotiation of finance documentation
- Input in, and preparation of, security documents (parallel debt structures)
- Legal opinions
- Set-up and documentation of intragroup finance and cash pool structures
- Credit portfolio transactions (assignment of receivables – performing and non-performing)
- Off-balance sheet finance structures
- Preparations for finance applications and due diligence reviews