Finance transactions, intra-group loans and financial restructurings

Finance transactions
Together with HVG Law’s Finance law team in the Netherlands, our team has extensive experience with finance transactions. In this context, we prepare, review and provide advice to lenders, borrowers and security providers on, among other things, (LMA) loan documentation, Dutch security documents and other transaction documents, and prepare corporate authorizations, certificates and legal opinions.

Intra-group loans
Our teams also advise on, prepare and set up intragroup loan structures, including shareholder loans, back-to-back loan structures, intragroup notes and hybrid loans.

Financial restructurings
In addition to the above, we can advise on and coordinate restructurings that involve the granting of intragroup loans and the transfer and assignment of loans or notes (or other rights and obligations) by and/or to group companies. Our team can prepares all required documentation, thereby closely cooperating with our legal colleagues in the Netherland and/or other applicable jurisdictions to ensure that the most optimal structure is validly implemented.

Cash pooling and in-house bank structures

Cash pooling
Global solutions to manage financial resources and risks via centralization of treasury activities provide companies with better control and increasing transparency. Our team can assist in setting up cash pool structures together with the Tax and Transfer Pricing professionals of EY. We, together with HVG Law’s Finance law team in the Netherlands, advise on and prepare intragroup cash management agreements under which intragroup relations are structured, cross guarantees are provided and tailormade clauses per jurisdiction can be included to cover mandatory law subjects.

In-house bank structures
Group treasury companies can have more extensive functions and can also act as an “in-house bank”. Typical functions which can be centralized are corporate funding, intercompany financing, cash and liquidity management, financial risk management as well as the establishment of an intragroup netting system and payment factory. The in-house bank has a clearing function and settles payables and receivables to the extent possible. We advise on and prepare all required documentation, including netting and settlement agreements, in multidisciplinary teams.