Financing & Securities

Legal advice on loan agreements and security structures

When you, as an entrepreneur, enter into financing, for example with a bank or investor, you sign an extensive set of credit documents. These documents not only contain agreements about the loan itself but also provisions about the securities you provide. It is essential to understand these documents well before signing, as the consequences in the event of enforcement of these securities can be significant for you personally. 

What are securities? 

Securities are legal instruments that allow the lender to limit the risk that they will not be fully repaid. There are two main forms: 

• Business securities: such as a lien on inventory or receivables and a mortgage right on real estate; 
• Personal securities: such as guarantees or joint and several liability, where you, as an entrepreneur, can also be liable with your personal assets. 

These structures may seem technical, but they can have far-reaching consequences in the event of payment problems. Therefore, seek timely advice. 

How can we assist you? 

Our specialists have extensive experience in both drafting and reviewing credit documentation and securities. We support you in, among other things: 

• Obtaining financing (such as bank or acquisition financing); 
• Evaluating and negotiating loan terms; 
• Establishing and enforcing securities; 
• Guarantees, joint and several liability, recourse, and subrogation; 
• Situations involving special management or loan termination; 
• Refinancing or terminating the loan relationship; 
• Securities in factoring, leasing, and bank guarantees. 

Protect your position in financing 

A good understanding of the terms and legal structure of the financing prevents surprises. We provide a clear analysis and practical guidance tailored to your business and financing needs. 

Are you on the brink of new financing or uncertain about the implications of your security position? Then contact our specialists for expert advice.