SIMONT BRAUN has a Banking, Finance and Securities practice covering the regulatory obligations of credit institutions, investment companies, collective investment undertakings and insurance companies, public offerings of companies on the capital markets, stock exchange law and the financing of acquisitions and other projects.
The Banking, Finance and Securities team provides legal advice and assists clients in relation to the structuring, negotiation and completion of market transactions. Our lawyers guide clients in their contacts with the Financial Services and Markets Authority (FSMA) and the National Bank of Belgium (BNB), and represent them in litigation concerning financial transactions in the areas of banking law or insurance. The Banking, Finance and Securities team closely collaborate with the other pratices and in particular with the Corporate team.
The practice of the Banking, Finance and Securities team covers the following:
  • assistance to investment companies in connection with their establishment or provision of services on the Belgian market ; commercialization of UCITS units in Belgium or other financial products and unit-linked insurance offered by Belgian or foreign-based companies
  • regulatory obligations of banks, investment companies (particularly MiFID compliance), insurance companies and collective investment undertakings (such as Sicavs, Sicafis, pension funds, etc.)
  • assistance in European passport activation
  • public issues of bonds, shares and other financial instruments on regulated or non-regulated markets, by Belgian or foreign-based companies, coupled with private placements, stock exchange issues, and hostile or friendly takeover bids
  • advice on clearing and settlement, dematerialization of shares and all types of contractual arrangements: repurchase agreements ("repos"), netting, cash pooling, factoring, etc.
  • drafting of legal opinions in all areas of practice of the Banking, Finance and Securities team
  • market abuse
Examples of major recent transactions include:
  • we advised European stock exchanges in establishing a single order book
  • we regularly assist credit companies in contract drafting to ensure they comply with the regulatory obligations, particularly under the MiFID Directives and the transposition legislation into Belgian law
  • we assisted an English real estate group in a hostile takeover bid over real estate certificates. We also helped them with the negotiation and financing of the transaction
  • we assist leading Belgian and international issuers concerning the Belgian aspects of introducing EMTN programmes or bond issues.
  • we assisted a Real Estate Investments Trust (REIT) in its admission to trading on Euronext Brussels
  • we are advising an investment company on the implementation of a multilateral trading facility (MTF)
  • we advise a family office regarding regulatory issues relating to such type of activities. We also provide an assistance for the drafting of contracts with the family office's clients or services providers