Credentials

Consumer credit
  • advising Fenerantis, a Dutch originator of real estate mortgage loans, on (and assisting with) obtaining the permit required for granting consumer credit
  • advising a consumer credit provider on the consequences of regulatory and civil law aspects of (granting) consumer credit
  • representing a consumer credit provider in collection procedures regarding consumer credit and the costs that may be charged (in appeal) and in claims from borrowers for the cancellation of BKR registration.
Crowdfunding platforms
  • advising Bouwaandeel, a Dutch crowdfunding platform aimed at investments in real estate, on (and assisting with) setting-up its crowdfunding platform, including standard documentation, general terms & conditions for and structure of its investment products
  • advising Symbid, a leading Dutch crowdfunding platform, on (and assisting with) setting-up the Symbid Crowdfunding platform, including the standard documentation, terms and conditions for and structure of its investment products (loan, convertibles and equity)
  • advising a Dutch peer-2-peer crowdfunding platform, on (and assisting with) setting-up its crowdfunding platform, including the standard loan documentation, license application, terms and conditions for and structure of its loan products and an insurance fund
  • advising a Dutch donation based crowdfunding platform on regulatory requirements and assisting the platform with a scope assessment with the Dutch Central Bank (DNB)
Data protection
  • advising Adaxio on the consequences of the recent European General Data Protection Regulation for financial institutions
  • advising and assisting a financial institution on a data breach (data lek) and the subsequent notification with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens)
  • assisting and advising various companies with the implementation of the General Data Protection Regulation, including the drafting of privacy statements and data processing contracts (verwerkersovereenkomsten)
Financial franchise
  • advising De Hypotheekshop Centrale Organisatie, a leading franchisor in the Dutch mortgage loan adviser market, on (and assisting with) matters related to its position as franchisor in respect of (a) franchisee’s and (b) customers of those franchisee’s
Financial platforms
  • advising Selectief Hypotheken, a Dutch originator of real estate mortgage loans, on (and assisting with):
    a. setting-up the Selectief Hypotheken-platform, including drafting the standard documentation, general terms & conditions and the establishment of its (third-party funds) collection foundation
    b. the transaction with Maple Bank, a Canadian / German financial institution, as noteholder for a mandate in the range of € 50m-500m
  • advising Fenerantis, a Dutch originator of mortgage loans, on (and assisting with):
    a. setting-up the Merius Investor Platform, including drafting/reviewing transaction documentation, general terms & conditions and the establishment of its (third-party funds) collection foundation;
    b. 14 transactions since 2016 with foreign institutional investors, including a rated Dutch RMBS warehouse facility with Natixis, in an aggregate amount of almost EUR 3 billion;
  • advising Webfin Leningen, a Dutch start-up / fintech also known as SPRAYPAY, on (and assisting with) setting-up the SprayPay platform, including standard documentation, general terms & conditions and the establishment of a (third-party funds) collection foundation, for the acquisition of consumer loans from webshops and the funding thereof by (third party) investors
  • advising Behouden Huis, a Dutch financial platform for a ‘equity release’ real estate investments, on (and assisting with) setting-up the platform including advising on the structure of its product
  • advising Value Enhancement Partners, a Dutch private equity firm, on (and assisting with) the financing – based on LMA-documentation – of the acquisition of its portfolio companies N-Sea Group and PSS
  • advising a Dutch private equity firm, on (and assisting with) the financing of the acquisition of its portfolio companies
  • advising a Dutch originator of real estate mortgage loans, on matters relating to (a) the (interpretation of) existing transaction documentation, (b) the put-option granted to the Issuer and (c) the hedging of the interest rate risks of the Issuers in the securitization transactions
  • advising Adaxio, a Dutch service provider for (mortgage) loan portfolios, on (and assisting with) the acquisition of the servicing rights in relation to certain ELQ-mortgage loan portfolios and on the collapse / sale of one of those portfolios
  • advising Adaxio as issuer administrator of a securitisation special purpose vehicle (SPV) on the STS (Securitisation) Regulation per January 2019
  • advising a Dutch service provider for (mortgage) loan portfolios, on (and assisting with) the acquisition of the servicing rights in relation to certain (mortgage) loan portfolios
  • advising a Dutch service provider and provider for (mortgage) loan portfolios, on (and assisting with) the origination, funding and servicing of mortgage loans
  • advising several SMEs on raising funds by issuing convertible notes and assisting with preparing of information memoranda and transaction documentation
  • advising S.B.V. Excelsior on raising funds for the Spelers Fonds and Equity Fonds by issuing participations and assisting with the preparing of the transaction documentation
Insolvency
  • advising the Port of Rotterdam on matters related to the insolvency of enterprises active in the port of Rotterdam (and debtors of the Port of Rotterdam)
  • advising Selectief Hypotheken on matters related to the insolvency of Maple Bank
  • advising the municipality of MiddenDelfland on matters related to the insolvency of a debtor and assisting with dealings with the bankruptcy trustee
  • advising the municipality of Rijswijk on matters related to the insolvency of a debtor and assisting with dealings with the bankruptcy trustee
  • advising the province of Zuid Holland on matters related to administrative enforcement measures against bankruptcy trustees
  • advising a financial institution on restructuring a subsidiary
  • advising a private equity on restructuring portfolio companies
  • advising both directors, other stakeholders and creditors on aspects of director’s liability
Insurance
  • advising Coöperatie VGZ, a Dutch health insurance company, with the implementation of Solvency II and representing VGZ in litigation regarding health insurance policies, car providers and disputes with insurance intermediaries/distributors
  • representing intermediaries in health insurance, in legal proceedings against and negotiations with a major Dutch health insurer with regard to the distribution agreement
  • representing OAWM in legal proceedings (in appeal with the College van Beroep voor het bedrijfsleven(CBb)) against DNB with regard to the rejection of the application for a license for insurance company
  • advising and assisting a small insurance company on restructuring of its insurance product, in order to fall outside the scope of insurer, including negotiations with DNB
  • Michiel Claassen is member of the supervisory board of the Onderlinge van 1719, the oldest existing insurer (natura-uitvaartverzekeraar)
Loan portfolio's
  • advising the Port of Rotterdam on and assisting in the collection of receivables in relation to ground lease (huur / erfpacht) by the Port of Rotterdam to companies
  • advising Adaxio, a Dutch service provider for (mortgage) loan portfolios, on and assisting in collection and enforcement (foreclosure) matters in respect of the loan portfolio’s serviced by Adaxio (including certain ELQ-portfolio’s; including Kifid procedures and claims based on over-crediting (overkreditering)
  • advising CMIS Nederland (formerly known as GMAC RFC Nederland), a Dutch originator of real estate mortgage loans, on and assisting in collection andenforcement (foreclosure) matters in respect of the E-MAC portfolio’s, and in respect of complaint procedures (including Kifid procedures and claims based on over-crediting (overkreditering))
  • advising Quion Hypotheekbemiddeling, a Dutch service provider for (mortgage) loan portfolios, on (and assisting with) collection and enforcement (foreclosure) matters in respect of the loan portfolio’s serviced by Quion
Payment service
  • advising PaySquare, a Dutch payment institution, on the implementation of PSD2 and new AML-regulation, and the application of the declaration of no objection (DNO) with the Dutch Central Bank
  • assisting PaySquare with several regulatory surveys for the Dutch Central Bank, including integrity survey and the SIRA (Systematic Integrity Risk Analysis)
  • advising Symbid, a leading Dutch crowdfunding platform, on the consequences of the PSD2 and assisting with the contractual arrangement with Intersolve, an electronic money institution.
  • assisting a financial institution with the introduction of a prepaid payment instrument (as an agent in the Netherlands) and as an exempted payment service provider (direct debit), including the standard documentation, terms and conditions
  • advising a Dutch donation based crowdfunding platform with a scope assessment with DNB regarding to what extent payment services are provided
  • representing a merchant with a claim against an acquirer/payment institution to release illegally held funds
Fintech
  • advising a financial institution on the implementing of blockchain technology
Public finance
  • advising and assisting a Dutch company with objections with regard to several rejections of grant applications, including SME/ Horizon 2020 grants
  • advising and representing a Dutch education grant provider in court with regard to several objection and appeal procedures of applicants against rejected applications and tort claims
  • advising a Dutch educational institution on the possibilities of funding under het Higher and Scientific Education Act (Wet op het hoger en wetenschappelijk onderwijs)
Supervision
  • advising a Dutch originator of real estate mortgage loans, on (and assisting with) registering with the BKR and Kifid, the consequences of the CRR, MiFID II and the PSD2 for financial institutions, obtaining the permit required for granting (i) consumer credit and (ii) mortgage loans, obtaining the exemption required for mediating in credit
  • advising a Dutch financial enterprise, on Fatca / CRS
  • advising a Dutch originator of real estate mortgage loans, on the AIFMD, the statutory bans on rendering investment services and commissions
  • advising Selectief Hypotheken, a Dutch originator of real estate mortgage loans, on (and assisting with) registering with the BKR and Kifid, the statutory ban on commission, obtaining the permit required for granting mortgage loans and obtaining the permit required for rendering investment services
  • advising Webfin Leningen, a new Dutch consumer loan lender also known as SPRAYPAY, on (and assisting with) obtaining the permit required for granting and mediating in consumer loans
  • advising Symbid, a leading Dutch crowdfunding platform, on the consequences of the MiFID II, AIFMD, PSD2, the statutory ban on rendering investment services without the required permit, obtaining an exemption from the ban on acquiring repayable funds, the co-operation with ILFA as a “tied-agent” in respect of ILFA’s permit for rendering investment services, the (conditions and consequences of a) qualification as AIF
  • advising and assisting Nationale Nederlanden Bank, a Dutch bank, with the implementation of MiFID II (secondment)
  • advising Adaxio, a Dutch service provider for (mortgage) loan portfolios, on the statutory ban on commission
  • advising a Dutch enterprise focused on the origination of real estate mortgage loans, on obtaining the permit required for granting mortgage loans, the statutory ban on commission, obtaining the permit required for rendering investment services
  • advising energy corporations, including windmill corporations, on the relevant legal and regulatory framework, including the AIFMD, and requesting a scope assessments (reikwijdte oordeel) with the AFP.
  • representing a Dutch real estate bond fund in objection and appeal against enforcement proceedings (fine) by DNB due to alleged banking without the required license, as well as against enforcement proceedings by the Financial Market Authority (AFM) against a charge under penalty for allegedly not complying with an information request
  • assisting PaySquare, a Dutch payment institution, with the application of the declaration of no objection (DNO; Verklaring van geen bezwaar) with DNB, in the light of PSD2 and with the application of a declaration of no objection (DNO; verklaring van geen bezwaar) with DNB for a pan-European merger of payment institutions
  • advising a telecommunication company on the requirements under MIFID II regarding the recording of calls leading to transactions, in conjunction with data protection regulation