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Netherlands

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Capital markets

The Dutch capital markets are in quite a shaky position even though some partners contend that the "economy in the Netherlands has picked up quickly, following the trend in Germany rather than the UK or elsewhere".

Market volatility has taken a heavy toll on the equity markets. "In a normal year we expect about six domestic IPOs," says a local partner, but over the past 12 months there have been no large IPOs, with the NYSE Euronext Amsterdam seeing more delistings than listings. According to one partner it is a "market collapse, many deals have been pulled or postponed".

"We were working on a number of IPOs but they were all aborted or postponed due to pricing and volatility... in one week we saw five Dutch listings being pulled in London," says a partner. Another adds that "2010 and 2011 both started well, but in 2011 two IPOs have been already pulled, everybody is awaiting events, deals are waiting to be done when market improves; the volatility is too high and IPOs have a long deal time".

Equity activity has been largely transaction-driven although there were a number of Dutch listings on foreign exchanges, for example Nielsen (which first had to delist in Amsterdam), NHV, Delta Lloyd, InterXion, Aperam, Nord Gold (postponed) and NXP Semiconductors. "It is not a given that Dutch firms will list in Amsterdam," says a partner, who adds: "there is now a project underway with the goal of promoting Amsterdam as a platform for listings on the Euronext with a number of the leading firms and banks involved, but it is not going very well."

Things have been a bit better in the debt markets. "Volatility is affecting this as well, but the debt capital markets deals are quicker and easier than equity deals so there are windows," says one partner.

Firms have handled a number of Rule 144A/Reg S compliant bonds, which are "popular with investors" say lawyers, high-yield bonds and a good number of securitisation programmes. The market has also seen new state guaranteed issuances.

Though there have been some convertible bonds, one partner says they "lost appeal due to volatility, and what this says is that people are still nervous and a bit conservative about the market". Corporates and FIGs have instead been opting for the more conservative corporate bonds or alternative high-yield bonds. In order to avoid taking on risk, one partner says banks have been "loaning through securitisation techniques", so that "corporates go to the debt markets and investors have the exposure rather than banks".

The Netherlands is the second biggest securitisation market in Europe and this sector (90% mortgage related) has been "surprisingly strong" with "Dutch and UK securitisations leading the rebound" says a partner. SNS Bank, Rabobank, Westland Utrecht and Delta Lloyd have all been active in the area. The reason is that they are seen favourably in light of the Basel III capital requirements: "You don't get a good investor base, but they are good because of regulations and deleveraging in Basel III," says a partner.

Allen & Overy

A&O has a strong team across the debt and equity markets and in securitisations. "The best UK firm in Amsterdam," says a client, while one peer concedes that the firm has "taken the covered bonds market".... [more]

Leading lawyers
Gerard Kastelein
Jennifer de Lange
Tim Stevens
Niels van de Vijver

Clifford Chance

Clifford Chance has a good reputation for its debt and securitisations practice primarily, although it also has a strong equity team. Comparing it to rivals, one client says the firm has "better knowledge.... [more]

Leading lawyers
Frank Graaf
Tineke Kothe
Pieter van Welzen

De Brauw Blackstone Westbroek

De Brauw acts for the majority of Dutch blue-chip companies; it has a leading M&A practice and, say partners, easily one of the best equity teams. The profile of its debt and securitisations practice is lower than in equity, however the firm has a strong record on bond issuances and MTN programmes.... [more]

Leading lawyers
Niek Biegman
Jan Willem Hoevers
Joost Schutte

NautaDutilh

NautaDutilh handles the largest volume of securitisations in the market and is an undoubted leader in this field. "In structured finance they're very strong: SPVs, SPACS, fund listings, high-yield as local counsel," says a peer.... [more]

Leading lawyers
Willem Ruys
Walter Schellekens
Michaëla Ulrici
Petra Zijp

Freshfields Bruckhaus Deringer

The Dutch office of Freshfields is most often seen as "up and coming". It had a very strong year acting for financial institutions, especially on securitisations and derivatives transactions, and is currently involved in potential IPOs.... [more]

Leading lawyers
Thijs Flokstra
Robert ten Have

Linklaters

Linklaters has a very strong practice especially for debt and international deals. The firm, under Pim Horsten, advises all the leading banks and handles all manner of covered bonds, corporate bonds, convertible bonds and high-yield bonds.... [more]

Leading lawyers
Pim Horsten

Stibbe

Stibbe moves up a tier this year. It is “right at the top for equity capital markets” says one competitor while others says Stibbe has “an outstanding equity capital markets practice, especially on the issuer side” and “a very good team for equity”.... [more]

Leading lawyers
Heleen Kersten
Derk Lemstra

Baker & McKenzie

Baker & McKenzie is seemingly developing a good profile in the Dutch market and had done well amongst London bankers looking for structured finance and securitisations deals. The firm also seems to have a particular strength on cross-border deals, leveraging off its emerging markets network and clients in Central and Eastern EuropePeers like the firm: "They have a number of strong partners who do a very good job," says one peer.... [more]

Leading lawyers
Marc Rijkaart van Cappellen
Philippe Steffens

Houthoff Buruma

Houthoff Buruma is less visible in the capital markets than some of its competitors but it does have a strong capacity for equity transactions, often M&A related, and straight bond issuances. The most often mentioned capital markets lawyer of the firm is partner Matthijs van den Broek.... [more]

Loyens & Loeff

The fiercely independent Loyens & Loeff is widely recommended as one of the top firms for structured finance and securitisations, most notably with Mariëtte van't Westeinde, who one peer says is "very experienced and very good". The team is led by Nelleke Krol in Amsterdam and Peter Corten in London.... [more]

Leading lawyers
Nelleke Krol
Kitty Lieverse
Mariëtte van't Westeinde

Simmons & Simmons

Simmons & Simmons' finance team is reputedly strongest in structured finance, specifically securities and derivatives, but last year it also handled a wide range of equity work predominantly for underwriters but also for issuers.Looking at its deals the firm has won good clients amongst hedge funds and it counts as its clients Kempen & Co and Petercam, as well as some biotech and real estate companies.... [more]

Leading lawyers
Daphne Brinkhuis
Michiel Wurfbain

Other notable - AKD

Capital markets is not the particular strength of AKD however it did clock in at least one good deal last year working as local counsel. In January 2011 the firm, led by Vincent Bettonville, acted as Dutch counsel to Jones Day for Exide Technology on an issuance of senior secured notes.... [more]

Other notable - Boekel De Nerée

Although competitors comment that Boekel de Nerée is not very visible in the capital markets, client are keen on the firm in a local counsel role on international capital markets deals, debt and capital markets. It also has a strong practice advising underwriters.... [more]

CMS Derks Star Busmann

CMS Derks Star Busmann has a slightly lower capital markets presence in the market according to peers but last year it showed good presence in the mid-market. One of the reasons for this stake in mi-markets deals is the firm's strong German clientele, as demonstrated by its deal list.... [more]

Other notable - Van Doorne

Van Doorne is one of the top firms on the local counsel circuit. The team, led by Harm Uittien on the equity side, Roel Botter on the debt side, and Stefan van Rossum, who works on both sides, advised through 2010 and 2011 on some very notable deals although most often acting as local counsel.... [more]

Leading lawyers
Stefan van Rossum

See also

Netherlands
Western Europe

Practice areas

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