Lenders and borrowers face a constantly evolving and increasingly complex debt and capital market, with stricter capital requirements, European regulations and codes of conduct posing new challenges.
BarentsKrans has a team of specialists in financing and restructuring issues. Our lawyers and civil-law notaries advise national and international companies in the financial services sector, including banks, insurance companies and other financial institutions, private equity houses, hedge funds, debt funds and other investment institutions, multinationals, corporates, family businesses and other businesses, and start-ups. Our team is recommended by Legal 500.
Thorough legal knowledge applied to the case.
We assist our clients in virtually the full spectrum of legal services in both national and international financing structures and financial restructurings, including:
Acquisition / leveraged finance
We advise on national and international transactions and have experience with all possible financing structures. Our in-depth knowledge of our clients’ companies and the integrated collaboration with our M&A team make us the ideal partner for supporting specific financing needs.
Since the financial crisis, it has become more and more difficult for company owners to secure financing arrangements with banks. Banks have become more cautious about lending and a sound business plan and good financial results in the past no longer guarantee success. An increasing number of alternative financing forms have emerged in recent years as a result.
Our Alternative Financing team has been involved in these alternative forms of financing since they first became available. The team specialises in various alternative forms of financing, such as crowdfunding, credit unions, informal investors, peer-to-peer (P2P) lending, SME bonds, matching and hybrid financing arrangements (a combination of different forms of financing). Its track record in this field is impressive. For example, it has advised on various initiatives for crowdfunding, credit unions, P2P lending and SME bonds, created crowdfunding platforms and were closely involved in the new Act on the Supervision of Credit Unions (Wet toezicht kredietunies). The members of our team regularly deliver presentations and courses about alternative forms of financing and publish on this subject too.
What can you expect from our lawyers?
- Our team assists companies to design and set up various alternative forms of financing and financing structures;
- Our team assists companies to complete the process in place when applying for licenses, exemptions or dispensations from the Netherlands Authority for Financial Markets (AFM) and/or the Dutch Central Bank (DNB);
- Our team prepares all of the various legal documentation required. For example, financing agreements, investment agreements, general terms and conditions, articles of association, administrative organization and internal control handbook, collateral agreements, disclaimers, and privacy statements;
- Our team assesses arrangements of various (alternative) forms of financing;
- Our team guides and monitors implementation of the alternative financing structures;
- Our team screens and optimises existing legal financing structures and documentation;
- Our team assesses financing agreements and conducts contract negotiations;
- Our team acts for investors and companies in disputes about alternative forms of financing.
We assist clients in complex national and international asset-based financing and leasing structures. Our practice focuses on the financing of both specific assets and asset portfolios.
Debt capital markets
We advise on raising funds by issuing bonds, including investment-grade and high-yield bonds. We have extensive experience in setting up financing structures for a wide range of companies.
We assist clients with the numerous regulatory, risk management and compliance issues they may encounter in an increasingly complex financial market. We are highly experienced in advising on financial supervision.
We regularly advise on national and international financial restructurings, the enforcement of personal or property-law related security or obtaining redress and raising emergency funding. We also advise on bankruptcies and other insolvency proceedings. Read more about restructuring and insolvency.
We assist both lenders and borrowers with financing investment funds, having in-depth knowledge of the legal issues involved in fund finance transactions.
We assist clients during various project processes from planning to contracting and financing. Our team provides excellent advice and legal services to lenders, borrowers and sponsors and understands the commercial and legal opportunities and risks found in the project finance sector.
Real estate finance
Our finance team works closely with our real estate team and advises both lenders and borrowers on real estate and real estate development financing structures. We regularly assist clients in complex national and international transactions involving the creation of security on real estate in various countries.
We assist clients with national and international financing issues concerning means of transport, like ships, aircraft and rolling stock. Our knowledge of the underlying assets allows us to offer our clients targeted advice and tailored solutions.
In doing so, we provide legal advice – with respect to the transfer of the position under loan documentation and the enforcement of security interests, for example – and legal opinions.
Our work ranges from (ad-hoc) legal advice and providing legal opinions, to assisting our clients through (international) finance transactions and restructurings.
Within our firm, lawyers and civil-law notaries work together closely. Combining these areas of legal expertise enables us to offer integrated, tailored solutions.
We know your market, consider your economic context when applying our knowledge, and ensure that our solutions or recommendations contribute to your company’s objectives.
We are used to working with lawyers in other jurisdictions. The international nature of our practice makes us an attractive partner for international financing issues involving Dutch law.
Our firm is a member of the Loan Market Association (LMA), the International Project Finance Association (IPFA) and Vereniging van Financieringsondernemingen in Nederland (VFN).