Financing & Securities

To grow, companies often need financing, whether for a takeover, new machinery, business premises or other significant investments. You can attract financing for your company in many ways, such as a bank loan, factoring, crowd funding, a family loan, private equity or the issuance of new shares or bonds. Every form of financing has advantages and disadvantages. What costs are involved with a certain type of financing? What risks are associated with the various forms of financing? What construction is most favourable for the continuity of your company?

If you are an investor and want to invest money in a start-up, for example, you want to estimate the expected return, the risk that you will not get your money back, and how you can limit those risks by demanding collateral.

How we can help

GMW lawyers advises entrepreneurs, investors, shareholders and financiers, helping them to select the best form of financing, restructuring or way of attracting financing. We also assist in establishing collateral (such as property, mortgage, guarantees, (bank) guarantees and joint and several declarations), or the extraction thereof. We can assess financing contracts submitted to you, or draw up customised contracts on your behalf, and advise on the benefits and risks of the various forms of financing and securities. We also have expertise in the field of credit cancellation (and its prevention).

In addition, through the knowledge and experience we have from our insolvency- and restructuring practices, we know what aspects should be considered when attracting financing and establishing collateral to prevent future problems.

In the unfortunate event that things turn out differently than expected, we can assist you in reclaiming your loan or investment and recovering your collateral. Likewise, if a financier wrongly appeals to you personally, suddenly cancels a loan or wrongly seizes your collateral, then our team will be at your side to help you.

We assist lenders and borrowers, and advise and litigate on the following subjects, among others:

• Credit provision
• Asset based finance
• (Bank) Guarantees
• Terminating a bank relationship, or preventing it
• Bail
• Group financing
• Factoring
• Financial restructuring
• (re)Financing
• Joint and several declarations
• Credit cancellation and prevention thereof
• Establishing collateral
• Foreclosure of collateral and the prevention thereof.

Further information?

Would you like to know more about financing and securities or a related topic? Please contact us; we will be glad to assist.