Financing and securities go hand in hand. Advising in this area requires a certain pragmatism, to begin with an accurate estimation of the positions of all involved parties. That way, a clear players’ field arises where you, with the right knowledge and experience, can start negotiating. In this way we think together with banks, other financial institutions and entrepreneurs about the scope of the contractual obligations of financiers and we give advice on complex financing constructions.
Udink Advocaten is committed to the General Banking Conditions. Within this framework we are familiar with the regulation concerning the termination of credit agreements and also the execution of securities such as pledges, security deposits and bank guarantees are some of our core competencies. We believe that in most situations prevention is better than cure. And that is reflected in our approach. Every financing project - however small - must be customized and the danger often lurks in a small corner. It is dangerous to work with models which just roll out of the banking system and whole sections of which you can’t understand.
A few examples of what we can do for you:
- Negotiating with your bank, together with you, so that you don’t give away too much. Enterprising means trust, but the bank often demands a lot, too much. You mustn’t, however, become needlessly restricted in your options. We frequently carry out that analysis and that discussion.
- Owners/entrepreneurs often give the bank exactly what it asks for and then they’re bound up in it privately. This is often unnecessary, but it happens without you noticing.
- There are good reasons behind interest rates and securities. But these must be well recognizable. The bank helps you, but you must still look with a professional eye at what the bank is asking of you. Both in terms of products – swaps for example – and repayment etc.
- Some investments or acquisitions require a special financing method. In these cases it’s crucial that you choose the right one, the one which suits the investment. The bank advises, but is also the supplier. It’s therefore important to bring in a specialist adviser to assist you. This we do frequently.
- We carry out a scan of all securities which you’re going to give or have given and look to see whether there are any unusual elements in this. We also address the question of how – on both sides – the expectations and contractual duties will be managed.
- When you’re up to your neck in it the bank isn’t always your best friend. Still, the banks successfully fix most problem cases themselves. But when the going gets really tough, it’s really wise to seek help. Udink Advocaten knows like no other how to set a course in these stressful situations, in your interest.
Do you have a question or can we already help you now? Call or mail us or ask your question via our Entrepreneurs’ Platform.