There are different ways to acquire sufficient funding. You may interest investors, who participate in your company and thus provide capital to your company. Debt financing is also common. Traditionally, companies relied on bank financing. These days, so much more is possible. And since banks are currently less willing to provide funding to start-ups or small and medium-sized companies, it is sometimes necessary to explore options of alternative funding. Fintech, funds, credit unions, the issue of bonds and crowdfunding are a few of those options.
When structuring solutions for those financial issues, financial laws (including the Act on Financial Supervision) often apply. Therefore, you need to be well informed regarding the manner in which you should acquire funding, and whether or not any supervision act is applicable. And if such act applies, how one needs to respond. Are you indeed obliged to issue a prospectus or to obtain a license? We are happy to assist you and give practical advice in that regard.
We also advise on all other financial matters a company or institution may encounter or has encountered at any time. Such matters may include:
- the drafting and reviewing of complex loan documentation related to acquisitions, restructuring and project financing;
- issuing and analysing debt security, such as pledges, mortgages, letters of comfort and surety;
- litigating before the Financial Markets Authority (AFM), the Dutch Central Bank (DNB), the Financial Services Complaints Tribunal (KiFiD), civil court and administrative court; or
- the issuing of legal opinions.
When required or efficient, we work with our colleagues of other practice groups to assist you in the best and most comprehensive way possible. For example, we work with our colleagues of Pension Law to actively provide legal support to the management of multiple pension funds, for example concerning their asset management. We also work with our Health Law specialists, for example to advise clients who are active in healthcare on their financing matters.
All of our work requires a deep understanding of the markets in which you operate. We think it’s essential to be up to date on all relevant developments. Only then are we able to ensure relevant, effective and to-the-point assistance.
Please do not hesitate to contact us, should you have any questions related to the matters mentioned above or any other matter related to Banking & Finance. We look forward to talking with you.