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Belgium

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Banking and project finance

The banking sector in Belgium has been reshaped since the financial crisis rolled through, with the collapse of Fortis Bank and state intervention into KBC Bank and Dexia, but now according to lawyers things are cautiously looking up.

"There is an increase of activity in M&As for the acquisition finance front in terms of volume, size and visibility of transactions - the biggest change seen over the last 18 months is M&A - and the general feeling is that the market and the economy are doing quite well," says one partner.

One firm found 2010/2011 "extremely hectic, as private equity leveraged finance is coming back slowly and competing with capital markets and there are a lot more M&A"; and although leveraged financing has not hit previous levels, the same partner points out that "in the boom people were lending at five, six or seven times, now we see three or four times and a private equity house has to put more money in".

The market has seen a lot of refinancing and lending deals have quickened in pace: "Last year deals were done in four to five weeks, now they are done in two to three weeks," says a partner, adding that: "Banks are cash rich and Belgian banks are deposit heavy."

However, there are still some worrying concerns. "No one is at ease with what will happen with the bank," says one partner of Dexia, which has significant investments in Greece. "Fortis, taken over by BNP Paribas, is doing very well but it is a French bank, ING is doing OK but it is Dutch. The main banks are the foreign banks, Deutsche Bank and Citigroup, which is considering moving out of Belgium because activities are too small." The real estate sector, which depends heavily on the banks, is also raising some concerns.

Elsewhere, talk is of Basel III. On April 1 2011 the supervision authority was restructured into two authorities in the hope that it would improve regulation. "Basel III is an enormous development in regulations and a little revolution in financial supervision creating a twin peaks model which leaves some ambiguity; but the general focus is on consumer protection," says a partner. "On the regulatory, side it is a very exciting practice at the moment," says another.

Project finance is a relatively young and small sector in Belgium, having "only been discovered in 2008" according to one partner, and public-private partnerships (PPP) only kicked off in the country six or seven years ago. There is now "a full pipeline of deals, prisons, roads, schools, hospitals - due to budget constraints and because government understands that it makes sense to focus on what they want and leave rest to private sector".

Another area to watch is offshore development, which "has an attractive incentive regime," says one commentator. "There is financing in renewable energy, wind, solar (partly based on government's subsidies but they have been reduced so maybe there won't be any more), and wind farms off the coast of Belgium, partly European Investment Bank financed," says a partner.

One commentator concludes that "there is more work on project finance, which was like the monster of the loch ness for a number of years but now many projects have been launched".

The legal market in banking continues to be dominated by firms with strong positions in the London banking circuit, giving them access to work local firms cannot do. Local firms have been opening offices in London to try to tap into the flow of work.

Allen & Overy

Allen & Overy secures its place in tier one once again in reflection of the volume and quality of deals it handled over the past year, as well as its strength in mainstream banking and regulatory."We are mostly facing A&O," says one competitor, "they are the market leader in both volume and quality and its large banking practice in London is a big advantage that is clearly reflected here".... [more]

Leading lawyers
Peter Bienenstock
Sylvia Kierszenbaum
Filip Tanghe
Yves Van Pul

Clifford Chance

In banking and finance Clifford Chance "stands above all the others, high at the top" according to one peer. The firm still counts on former managing partner Yves Herinckx, widely accepted as one of the top two finance lawyers in town, who reputedly oversees all major transactions: "He always has a presence, even when he isn't physically there," says a competitor.... [more]

Leading lawyers
Lounia Czupper
Bert De Maeyer
Yves Herinckx

Linklaters

"It has a large banking practice in London and therefore has a big advantage that is reflected here," says one peer of Linklaters. None question the firm's standing in the market and it comfortably keeps its position in tier one with a strong showing in mainstream banking, leveraged finance and acquisition finance.... [more]

Leading lawyers
David Ballegeer
Jacques Richelle

Baker & McKenzie

Baker & McKenzie "deserves its position, they acted for the banks in the BPost deal and were very efficient," says a peer, while another says the firm has a "very good banking practice which acts a lot for BNP Paribas and handles many syndicated loans, acquisition financings and property financings".According to a client, the firm is "at the top in our view, along with Allen & Overy, definitely the best for speed and quality".... [more]

Leading lawyers
Antoine De Raeve
Michael Van Acker

Stibbe

For banking and finance Stibbe holds its tier two position thanks largely to its expertise in project finance and public-private partnerships (PPPs). "Since Ivan Peeters joined the firm from Freshfields it has done more and more in PPP and project finance, and it is an absolute market leader in everything to do with business law and public law," says a peer.... [more]

Leading lawyers
Wouter Ghijsels
Ivan Peeters

Eubelius

Eubelius holds its position in tier three thanks to "strong advisory work alongside international firms", in the words of one peer.The firm has indeed done a lot of work for foreign firms, giving the Belgian independent exposure to some very large pan-European deals.... [more]

Leading lawyers
Marieke Wyckaert

Freshfields Bruckhaus Deringer

With Freshfields Bruckhaus Deringer's network strength and huge presence in London, the firm, we are reminded by peers, is never one to discount. There is a lingering impression in the market that since the departure of Ivan Peeters to Stibbe the firm has pulled back a bit, however Charles-Antoine Leunen and his team have cultivated a very high level of respect in the market.... [more]

Leading lawyers
Charles-Antoine Leunen

Loyens & Loeff

Loyens & Loeff has by all accounts a very solid position as a leading banking and finance firm and its ubiquitous leading partner, Marc Vermylen, is well-known by peers. One of the firm's winning points is pragmatism.... [more]

Leading lawyers
Marc Vermylen

NautaDutilh

NautaDutilh's market reputation is strongest in the capital markets and on financial regulatory and financing matters connected to the real estate sector, as one client testifies: "We are very happy with them, they are good across the corporate spectrum and especially in real estate which is why we approached them."A few of Nauta's lawyers are well respected in banking circles, among them Didier De Vliegher who, says a peer, "produces excellent quality", and Yvette Verleisdonk, who handles by far the majority of the firm's mainstream banking deals.... [more]

Leading lawyers
Didier De Vliegher
Yvette Verleisdonk

White & Case

White & Case is primarily known as a corporate firm with a strong restructuring and private equity funds practice.One peer's comment that "the firm is very much in the bad days" strikes an odd note against the strength of its portfolio of recent transactions, and against the market reputations that its leading finance partners, Thierry Bosly, Muriel Alhadeff (who made partner in January 2011), Gisèle Rosselle and Stefan Odeurs, have.... [more]

Leading lawyers
Muriel Alhadeff
Thierry Bosly
Gisèle Rosselle

Altius

Altius is known in the market as a finance firm and its consistent stream of transactions over the past year has kept it well in the market, making it the strongest of the tier four firms according to a number of peers.Clients enjoy the firm's professionalism, client care, pro-activeness and business sense.... [more]

Leading lawyers
Johan De Bruycker

Ashurst

Ashurst keeps its position in tier four this year and according to some competitors the firm is "good, it is the exception in the fourth tier in that its banking practice is not simply ancillary to other core practices, but we do not see them very often".The firm's reputation in strong in private equity, which means it will be in good stead as the market picks up and leverage deals grow in volume and size.... [more]

DLA Piper

DLA Piper has moved very aggressively into the market to wrestle a share for itself in banking and finance.It has so far been most successful on the projects side, building on a highly rated environment and administrative law practice.... [more]

Laga

Laga, which has a close relationship to accounting firm Deloitte, is often seen as one of the strongest of the tier four firms along with Altius. "They have a much more complete finance team," explains a peer, "they've been quite active and done some good restructuring work.... [more]

Liedekerke

Liedekerke is best known for its M&A work, however it has been pushing hard to expand its finance practice over the past year. The firm opened a dedicated financial services practice in May 2010 and hired Tom Van Dyck from Stibbe's banking and finance department.... [more]

Lydian

Lydian does well in referrals and is particularly noted in the market as often working as local counsel for Hogan Lovells. It does also receive mandates from a number of other international firms as well as on stand-alone deals.... [more]

Other notable - CMS DeBacker

CMS DeBacker is well reputed in banking litigation. It has an active banking practice working on day to day issues and some transactions.... [more]

Other notable - Simont Braun

Simont Braun is known for having a solid position in the French speaking market and it has of late been building a market share on the Flemish side. Vanessa Marquette leads the finance team and recently advised Europa Capital, a European real estate fund manager, on a loan agreement with BNP Paribas Fortis to finance the acquisition of a plot of prime real estate in central Brussels.... [more]

See also

Belgium
Western Europe

Practice areas

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