Banking and Finance

In the history of the international financial markets, the past few years have been the most challenging and have fundamentally affected legal arrangements. We have helped our clients adapt to this new legal landscape and to navigate and anticipate financial markets’ fast-changing regulations.

Our Banking & Finance practice is mainly focused on the following three sectors: finance and capital transactions, investment funds (undertakings for collective investment) and financial institutions.

We assist borrowers and lenders with Belgian law matters that concern all types of Belgian and international finance transactions; including: acquisition finance; asset finance; project finance; real estate finance; structured finance; syndicated loans; and capital markets.

As Belgium becomes a more attractive investment fund country, ALTIUS is clearly taking a large part of the instructions for this type of work. For example, we have assisted several large international entities with their cross-border migrations to Belgium and with the setting up of Belgian SICAVs. We have also advised on the different Belgian legal aspects related to: the management of investment funds; the distribution and marketing of investment funds in Belgium; and investment funds’ compliance with Belgian and European rules and regulations (such as the Belgian AIMF Act and the AIFMD).

European and Belgian financial services legislation is becoming increasingly complex. ALTIUS regularly advises various types of financial institutions (such as credit institutions, insurance companies, payment institutions, electronic money institutions, investment firms, settlement and clearing institutions and financial intermediaries) about the regulatory framework applying to them.

Our close co-operation with the tax firm, Tiberghien, has also strengthened our ability to optimise finance transactions and restructurings from both a tax and legal perspective.

How we can help

Finance transactions

  • Loan and credit documentation (for example, LMA agreements, other credit or loan agreements, intercreditor agreements, subordination agreements and guarantees)
  • Security documents (for example, mortgages, floating charges, pledges over movable assets, and security over book-entry collateral held with Euroclear)
  • All required corporate resolutions
  • Legal opinions
  • Private placements, “crowd funding” and public takeover bids

Investment Funds (undertakings for collective investment)

  • Establishing investment funds and obtaining the required approvals and licences from the Belgian regulatory authority, the Belgian Financial Services and Markets Authority (FSMA).
  • Advising upon investment funds’ cross-border migrations.
  • Assisting with the legal aspects of the management of investment funds: reviewing articles of association, reviewing investment memoranda and drafting board minutes.
  • Drafting and negotiating agreements with service providers, such as custodians, management companies and financial agents.
  • Advising on the management, distribution and marketing of investment funds in Belgium, in particular in view of AIFMD, UCITS and MiFID.

Financial institutions

  • Advising on licence requirements for financial institutions that would like to be active in Belgium.
  • Advising on the corporate governance rules for financial institutions.
  • Negotiating with the Belgian financial supervisors (the National Bank of Belgium (NBB) and the Belgian Financial Services and Markets Authority (FSMA)).
  • Advising on compliance with regulated activities, such as payment services (SEPA), investment advisory (MiFID), consumer credit, residential mortgage credit and the specific Belgian legislation on granting credit to small and medium-sized enterprises.

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