Our Banking & Finance team covers four main areas: Financing, Regulatory & Financial Services, Litigation and Restructuring and Insolvency.
Our finance practice has extensive experience in advising financial institutions and corporate borrowers on multi-jurisdictional finance transactions, such as:
- bank lending
- asset-based financing
- project finance
- lease financings
- acquisition financing
Our experience covers the complexities of both domestic and international financings. We are a trusted source for financial institutions and law firms around the world for securing local collateral quickly and effectively. Clients value our solid expertise, ease of communication and practical approach.
Regulatory & Financial Services
- insurance companies
- payment service providers and e-money institutions
- investment funds
- pension funds
We work in conjunction with our corporate and administrative law departments to address a wide range of regulatory issues. Our practice team closely monitors legislative developments, including proposals for reform of the financial regulatory regime.
Our litigation practice advises banks and other clients in all forms of legal proceedings related to banking and finance matters. As a particular area of expertise, we act on behalf of investors in inquiry procedures before the Enterprise Section of the Amsterdam Court of Appeal, against Dutch listed companies.
We regularly handle matters concerning “lender liability” claims or other allegations of lender misconduct, actions to recover unpaid obligations from principals and guarantors, foreclosure actions and assertion of claims for fraud on the part of borrowers or their principals.
Restructuring and Insolvency
Our practice represents clients in all aspects of restructurings and insolvency matters. Severlal of our attorneys have broad experience in acting as trustee or receiver. Clients threatened with the bankruptcy of a customer or supplier, can rely on our wide-ranging insolvency experience. Clients are also helped to avoid the risks of business failure in their supply and customer chains through the use of reliable debt security instruments to support commercial transactions.
Our restructuring work addresses the critical period prior to insolvency, where a capital injection or other form of financial support must be arranged in order to stave off failure. Our insolvency attorneys work closely with our in-house civil law notary department to restructure the company or group of companies to ensure continuity of business and proper treatment of all creditors.
Chambers Europe 2014 – Banking & Finance
What the team is known for Growing practice handling asset finance, project finance and acquisition finance. Well regarded for banking litigation, and frequently instructed by both borrowers and lenders.
Strengths (Quotes mainly from clients) “The quality is great, and we can always work with the same team. Every time we do a deal, we know the team and the team knows us.”
Work highlights Acted as lead counsel to Brand Loyalty on a EUR150 million secured facilities agreement arranged by Rabobank, Deutsche Bank, ING and NIBC.
Notable practitioners Senior associate Joris van Horzen continues to impress sources. One client says: “He knows how to put everything into context with his industry knowledge and is very hands-on and practical. He is dedicated to helping us.”
Significant clients ABN AMRO, Bank of Tokyo-Mitsubishi UFJ, Nike, RBS.
Legal 500 EMEA 2014 – Banking & Finance
“Kennedy Van der Laan’s ‘very experienced and proactive’ team head Bart de Man handles transactional and regulatory matters. Clients include ABN AMRO and Bank of Tokyo-Mitsubishi. Senior associate Joris van Horzen provides ‘no-nonsense solutions to complex structuring and collateral issues’.”
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Kennedy Van der Laan assists Zencap with the launch of its digital credit marketplace in the Netherlands
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On the first day of October 2012 new legislation with regard to the Dutch limited liability company (“BV”) came into force which provides for...15 april 2014
The new European legal solution for multinationals With Nike as first launch customer, top 20 Dutch law firm Kennedy Van der Laan launches...05 march 2014
Im niederländischen Parlament (Tweede Kamer) wird zurzeit der Gesetzesvorschlag Wet Werk en Zekerheid’ (Gesetz zur Arbeit und Sicherheit) zur...03 february 2014
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Bart de Man and Patrick Wit join the Executive Board Starting 1 January 2014, the new Managing Partner at Kennedy Van der Laan will be Bart de Man....19 december 2013
In Belgium and France he is known well enough, and his services are being used for years already in the United States and Great Britain: the silent...26 august 2013
Annual report The Netherlands Authority for the Financial Markets Indicates a Tendency for More Informal Enforcement of the Financial Supervision Act
Recently, The Netherlands Authority for the Financial Markets (AFM) published its 2012 annual report (Dutch). It appears from this report that in the...14 may 2013
An interesting change that will perhaps be overlooked at first is the possibility to divide voting rights of shareholders. Such a division is...23 april 2013
Introduction On 25 February 2013, the Administrative Law Judicial Division of the Council of State (“the Division”) gave a ruling in response to...27 february 2013
Amendments to the Act on the Prevention of Money Laundering and Financing of Terrorism as of 1 January 2013.
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Amendment of the Law On 1 January 2013, Section 22bis was added to the Dutch Collection of State Taxes Act 1990. Section 22bis reinforces the right...15 january 2013
Preliminary Questions A preliminary question is a legal question asked by a lower court to a higher court concerning the interpretation of a rule of...21 august 2012
On 1 July 2012 the Extrajudicial Recovery Costs Standards Act (the “ERCSA”) and the Compensation for Extrajudicial Recovery Costs Decree (the...29 may 2012
Changes to Requirements for Attachment in Attachment Syllabus 2011 Last summer, in June 2011, the conditions set on applications for attachment have...28 march 2012
Compensation Policy in the Financial Supervision Act We have previously written in this newsletter about the Regulation on Restrained Compensation...28 february 2012
Court of Rotterdam 13 July 2011, LJN BR1592 / JOR 2011, 335 The Parties On 13 July 2011, the Court of Rotterdam ruled in a dispute between...31 january 2012
Despite the implementation of Directive 2000/35/EC on combating late payment in commercial transactions in 2002, the European Commission (the...06 december 2011
In July 2011 the Financial Markets Amendment Act 2010 (Wijzigingswet financiële markten 2010 (the “Wfm 2010”)) entered into effect. The Wfm 2010...28 october 2011
Court of Appeal of Den Bosch, 10 May 2011, LJN BQ 4142 The Facts JEM is exploiting a coffee shop in Maastricht and has a payment account with Van...30 june 2011
Is a permit required for a payment schedule? In the Newsletter of January we already reported about the consequences of the implementation of the...27 may 2011
The Termination of a Bank Guarantee in order to Lift an Attachment; the Importance of Careful Formulation
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Lately it seems that strategic buyers in mid market transactions have an advantage in attracting acquisition financing compared to private equity...29 april 2011
As a result of the CRD III Directive, the Decree on Restrained Remuneration Policies (the “Decree”) entered into effect on 1 January 2011....24 february 2011
Consumer Credit Directive Implemented in the Netherlands: Important consequences for Suppliers of Consumer Credit
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This paper gives an overview of the regulatory reforms in the US credit rating industry, most notably through the Credit Rating Agency Reform Act of...01 april 2009