Banking and Finance

“We are a trusted partner to financial institutions and law firms around the world. ”

Our Banking & Finance team covers four main areas: Financing, Regulatory & Financial Services, Litigation and Restructuring and Insolvency.

Financing

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

We provide advice for financial institutions regulated by the Dutch Central Bank (DNB) and the Dutch Authority for the Financial Markets (AFM) including:

  • banks
  • 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.

Litigation

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.

 

Download het Trackrecord Banking & Finance

Chambers Europe 2015 – Banking & Finance – Band 5

What the team is known for Well-regarded practice advising a range of national and international banks on a broad spectrum of finance mandates. Offers notable experience in cross-border transactions, restructurings, banking litigation and regulatory issues.

Strengths (Quotes mainly from clients)

“The lawyers are responsive and clear-thinking, with superb English. They are always helpful when we have questions, and are less bureaucratic than others we have dealt with.” 

“We always go back to the firm as it knows our company, is flexible, acts quickly and is always reachable.”

What’s new? Lendico Netherlands is a new client win.

Work highlights Acted for Hercules on a USD10 million loan agreement for uniQure.

Acted for Brand Loyalty on an amendment and restatement agreement of a EUR75 million arranged by banks including NIBC Bank and ING.

Notable practitioners 

According to a client, managing partner Bart De Man “delivers an amazing work product in a short period of time. He is structured and can oversee a deal.” He covers syndicated loans, refinancing and acquisition finance.

Associate Joris van Horzen wins effusive praise from sources, with clients describing him as “technically strong, commercial and efficient. He thinks with us to find solutions.”They continue: “He is straightforward and to the point, and keeps things moving.”

Significant clients Silicon Valley Bank, RBS, KPMG, HSBC, Bremer Landesbank.

Legal 500 EMEA 2015 – Banking & Finance – Tier 4

Kennedy Van der Laan, which attracts plaudits for its ‘succinct advice’ and ‘flexible and creative solutions’, has particular expertise in crowdfunding and peer-to-peer lending. ‘Very professional’ senior associate Joris van Horzen is ‘extremely quick to respond’.

Chambers Europe 2014 – Banking & Finance – Band 5

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 – Tier 4

“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’.”

Jan Broekhuizen Financial Regulatory Partner at Kennedy Van der Laan

On 1 June 2015, Jan Broekhuizen will become a partner at Kennedy Van der Laan. The financial regulatory expert will be a member of the Banking &...

21 may 2015 

Chambers 2015: Kennedy Van der Laan number 1 in IT and Media

Chambers and Partners has published its rankings for 2015. On the basis of annual extensive research on the market and among clients, Chambers and...

30 april 2015 

The Legal 500 rankings 2015

The Legal 500 has published its rankings for 2015. On the basis of annual extensive research on the market and among clients, The Legal 500 compiles...

16 april 2015 

Company financing: alternative funding for private companies

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19 march 2015 

Kennedy Van der Laan Is Nominated for "Netherlands Law Firm of the Year Award 2015"

The reputable “Chambers Guides” has announced its nominations for the “Chambers Europe Law Firm of the Year Awards 2015″ and Kennedy Van der...

11 march 2015 

Legal aspects e-mandates

Mandates for direct debits have already been widely used, but were limited to national direct debit transactions. As SEPA direct debit mandates are...

18 february 2015 

Kennedy Van der Laan assists Zencap with the launch of its digital credit marketplace in the Netherlands

On 5 February, Zencap launched its digital credit marketplace that directly connects small and mid-sized enterprises searching for loans from € 10K...

10 february 2015 

Bill for Supervision of Credit Unions: Life Buoy for SMEs?

It is no secret that the financing of small and medium-sized enterprises (SMEs) is under pressure since the outbreak of the financial crisis. Several...

19 november 2014 

Financing in Health Care; Issue of Bonds?

Health care institutions have a lot of trouble to finance the necessary investments. From recent research it has appeared that many institutions had...

27 october 2014 

The importance of paying up issued shares in a Dutch limited liability company

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 

Kennedy Van der Laan launches Customized Alliance

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 

Arbeitsrecht auf dem Prüfstand

Im niederländischen Parlament (Tweede Kamer) wird zurzeit der Gesetzesvorschlag Wet Werk en Zekerheid’ (Gesetz zur Arbeit und Sicherheit) zur...

03 february 2014 

Der stille Verwalter schleicht sich ein

Die Einführung des “Pre-Packs”, ohne gesetzliche Grundlage, die Krise wartet (eben) nicht auf die Regierung. Einleitung In Belgien und...

03 february 2014 

As of January 2014 New Managing Partner for Kennedy Van der Laan

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 

The Quiet Triumph of the Silent Pre-Pack Administrator

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 

More Possibilities for Division of Powers of Shareholders

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 

Council of State Rules on Expropriation of SNS Bank; a Brief Analysis

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.

The Dutch Act on the Prevention of Money Laundering and Financing of Terrorism (Wet ter voorkoming van witwassen en financieren van terrorisme,...

21 february 2013 

New Judgment of the Dutch Supreme Court Regarding Collective Deed of Pledge

On 1 February 2013 the Dutch Supreme Court rendered a judgment building on the case of Dix /ING. According to the Supreme Court, a pledge pursuant to...

18 february 2013 

New European proposal supposed to improve Cybersecurity

On 7 February, the European Commission announced a proposal for a new Directive concerning network and information security. Among other measures,...

15 february 2013 

Privilege and right of Attachment of Tax Authorities Reinforced as of 1 January 2013

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 

New Preliminary Questions Act Applied in Bank Case

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 

Dutch legislator puts a cap on the compensation for extrajudicial recovery costs

On 1 July 2012 the Extrajudicial Recovery Costs Standards Act (the “ERCSA”) and the Compensation for Extrajudicial Recovery Costs Decree (the...

29 may 2012 

Case Law Further Restricts Prejudgment Attachment

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 

Further Restraints on Executive Compensation

Compensation Policy in the Financial Supervision Act We have previously written in this newsletter about the Regulation on Restrained Compensation...

28 february 2012 

Duty of Care of Banks Towards Third Parties, Help For Practice

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 

New Late Payments Directive

Despite the implementation of Directive 2000/35/EC on combating late payment in commercial transactions in 2002, the European Commission (the...

06 december 2011 

Payment Service Providers and Payment Service Agents Take Care: Wwft Scope Has Been Extended!

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 

Application and Scope of CDD Regulations in Practice

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 

Bill to Implement the Consumer Credit Directive Adopted

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

Bank Guarantees in General In the Netherlands we have two main types of bank guarantees: the “ordinary” bank guarantee and the “attachment...

29 april 2011 

Update and trends on private equity in the Netherlands

Lately it seems that strategic buyers in mid market transactions have an advantage in attracting acquisition financing compared to private equity...

29 april 2011 

Regulation on Restrained Remuneration Policies Dutch Financial Supervision Act 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

Purpose of the Directive The Consumer Credit Directive was published on 23 April 2008 and serves two important purposes. Firstly, the Directive was...

27 january 2011 

Order in ASMI case: Corporate Governance put on edge with respect to activist shareholders

Judgment of the Supreme Court, 9 July 2010, LJN: BM0976 In its order in the ASMI case dated 9 July 2010, the Dutch Supreme Court has set a more...

30 september 2010 

Nacar Holding N.V. - La Perla Living Holding B.V. - La Perla Investments B.V.

Bankruptcy: Nacar Holding N.V. - La Perla Living Holding B.V. - La Perla Investments B.V. Trustee: Bart de Man Bankruptcy number: 12/843F...

12 february 2010 

Supervision of Credit Rating Agencies

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 
Bart de Man

Bart de Man

Attorney, Executive Board, Managing Partner

  • Bart de Man http://kvdl.nl/en/our-people/bart-de-man/ Attorney, Executive Board, Managing Partner +31 20 5506 841 bart.de.man@kvdl.nl http://www.linkedin.com/pub/bart-de-man/4/a41/a77
  • Joris van Horzen http://kvdl.nl/en/our-people/joris-van-horzen/ Attorney +31 20 5506 655 joris.van.horzen@kvdl.nl
  • Marcel Willems http://kvdl.nl/en/our-people/marcel-willems/ Attorney, Partner +31 20 5506 679 marcel.willems@kvdl.nl http://nl.linkedin.com/pub/marcel-willems/5/5b/627