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.