Structured Finance,

Restructuring and Recovery

The FIZ restructuring and structured finance team brings decades of experience and a wealth of knowledge. We provide real world legal solutions from a solid foundation of financial, strategic and commercial expertise.

Managing partner Jurian Snijders leads the team, bringing 20 years experience in restructuring, insolvency, recovery and structured finance. Our practice structure provides a seamless link between key areas of expertise and delivers exceptional turnaround management.

Structured Finance

Our structured finance team brings an exemplary track record and an in-depth knowledge of asset management, credit management and debt restructuring. We approach each transaction with a fresh perspective to deliver the most innovative and effective outcomes. Highly regarded for our expertise, we act alongside the specialized teams of the largest Dutch offices.

Areas we advise on include:

  • Structuring and setting up mortgage loan and lease platforms
  • Structuring whole sale, warehouse and securitization transactions
  • Negotiating, drafting and agreeing relevant transaction documentation
  • The financial product and its terms and conditions
  • Complex business financing and acquisition financing

Our firm’s unique combination of specialized practice areas means that we can also provide clients with a comprehensive regulatory check in house and, where necessary, draft terms and conditions.

Where litigation arises, we act for clients in legal proceedings, (financial) dispute settlement/litigation (both between business partners and between lender/servicer and borrower). We also provide assistance in preliminary witness hearings.

Our specialties include:

  • Platform advice – we are expert in structuring financing and design platforms, ensuring our client’s product and financing is fully aligned and complementary.
  • Servicing Agreements – we advise on, and draft, service agreements.
  • Fundraising – services include advising on, and preparing, prospectus information and memorandums.
  • Loan Market Association Documentation – where required for complex financial activities, we advise on, and prepare, Loan Market Association Documentation.
  • Factoring – we provide expert legal and strategic advice on factoring.
  • Swap documentation – we advise on alignment of financing and swap documentation as well as any security and intercreditor arrangements relating to the above transactions.
  • Portfolio sales – including non-performing loans (NPL’s).
  • Security and intercreditor arrangements – we are experts in drafting and negotiating security and intercreditor arrangements relating to all types of transactions mentioned above.

Restructuring

Our goal is to ensure that organizations in distress avoid bankruptcy and are well placed to make a strong recovery. We understand the numbers and are fully attuned with the economic, political and market conditions around the business environment.

We are experts in debt restructuring and consistently deliver clear and practical solutions to overcome challenges and maximize commercial opportunities. Our extensive experience and strong track record in the Dutch mortgage sector makes us the leading choice for advising on mortgage loans, consumer loans and leases.

We are known for taking the long-term view and providing robust solutions to ensure organizations are future fit.  Our lawyers go the extra mile to ensure that the root cause of the issue is identified and addressed. Highly responsive and flexible, our teams are experienced in advising at all levels – employees, management through to Boards of Directors.

Where bankruptcy proceedings go ahead, we partner with our clients to provide strong solutions for recovery. We are experts in advising all stakeholders, from Directors on liability to creditors dealing with a company on the brink of bankruptcy. We are leading advisors on how to harness the benefits of the newly introduced “Wet Homologatie Onderhands Akkoord“.

Recovery

FIZ lawyers are specialized in providing legal and strategic advice on a full range of recovery services, including:

  • Servicing assets under management.
  • Providing advice where a lender of records faces a dispute with borrowers. For example, breach of duty of care, over-lending.
  • The collecting of residual debts in the event of the enforcement of disputes. For example, seizure, bankruptcy.
  • Conducting discussions with receivers, liquidators.