Your partner in financing & collateral

Financing and collateral are the financial engine of your business. In a constantly evolving market, financing needs and the associated legal structures are changing rapidly. At the same time, regulatory complexity is increasing. Whether you’re extending credit, raising new capital, or seeking to hedge your risks against a struggling debtor, sound legal arrangements are vital. At Banning Advocaten, we combine in-depth knowledge of financing structures with practical experience. We ensure that your capital and collateral are optimally protected.

A dynamic landscape of financing options

For many companies, the days of a simple bank loan are over. Financing structures must constantly adapt to the market, technological developments (such as online platforms), and an ever-expanding regulatory framework. Moreover, transactions are increasingly international in nature.

Our attorneys guide you seamlessly through this complex landscape and advise on, among other things:

  • structuring complex project and corporate financing arrangements, including syndicated loans (club deals).
  • alternative financing routes such as private equity, factoring, and securitization.
  • the legal framework for modern forms of financing, including crowdfunding and online capital raising.
  • issues surrounding set-off and the cross-border aspects of international cash flows.

The Foundation: Establishing and Enforcing Security Interests

Inherent in financing is the need for security. If you lend money or supply goods on credit, you want a guarantee that you will be paid, even if the other party runs into financial difficulties. A minor formal error when creating a security interest could, for example, leave you empty-handed in the event of bankruptcy.

We advise lenders, suppliers, and borrowers on the full spectrum of security interests:

  • the creation of traditional security interests, such as liens and mortgages;
  • the strategic use of supplier credit and retention of title to protect your merchandise.
  • the creation and enforcement of personal security interests, such as suretyships, (bank) guarantees, and joint and several liability of debtors or directors.

Security Interests in the Event of Bankruptcy

When a company enters financial distress, security interests are truly put to the test. Will your security interest hold up against the trustee? Are you still allowed to repossess goods or set them off against debt? When enforcing security interests—whether or not in the face of impending bankruptcy—specific knowledge of insolvency law is absolutely essential. Because our attorneys regularly serve as trustees themselves, we know exactly where the legal pitfalls and opportunities lie when the pressure is at its highest.

When should you engage a specialist in financing and collateral?

Prevention is always better (and more cost-effective) than cure. Our attorneys can be of great value at various strategic moments, such as:

  • at the negotiating table, when you are securing or providing new financing and the security documentation must be drafted flawlessly.
  • during the term of the agreement, if the creditworthiness of a key debtor or supplier deteriorates and you urgently need to secure additional collateral.
  • in the event of default, when you wish to proceed with the enforcement of your lien or mortgage.
  • in a crisis situation, when bankruptcy is inevitable and you must negotiate with the trustee or the bank to secure your position.

Our Approach

In the financial world, speed and certainty are key. Our approach aligns seamlessly with this:

  • During a personal and thorough initial consultation, we analyze the existing credit and security documentation to assess your legal position (and priority).
  • Together, we determine the commercial and legal strategy: where possible, we seek constructive renegotiation; where necessary, we prepare for forced enforcement.
  • If bankruptcy proceedings are initiated, we act immediately and decisively toward the trustee to maximize your rights of recourse.

Why Choose Banning Advocaten?

Banning’s strength lies in its unique combination of disciplines:

  • You benefit from the seamless collaboration between our Corporate Law / M&A and Insolvency & Restructuring practice groups.
  • We know the ins and outs of the process because we act as trustees ourselves, so we understand how collateral is assessed in practice.
  • We cover the full spectrum: from traditional bank financing to innovative private equity and crowdfunding structures.
  • We speak the language of banks, investors, and entrepreneurs, allowing us to get to the heart of the matter quickly and close deals efficiently.

With us, you’re assured of professional support in the field of insolvency law and restructuring. Contact our attorneys to receive more information or to schedule a no-obligation consultation.

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