Banking and finance
Presentation
The partners and associates of the department deal with various matters, contentious and non-contentious, in the fields of banking and/or financial law (in the broad sense of the term), whether or not these involve litigation and including consumer credit protection and data privacy. In some instances these matters are included in the wider context of the law of obligations and contract law.
Our non-contentious activity involves, inter alia, the design and setting up of financial or banking products, but can also encompass fields such as securities, financial services and asset management.
Moreover, the department provides assistance to clients in financial operations of various kinds, including securities and guarantees issues.
The litigation practice is mainly active in representing banking and financial institutions, commercial companies and consumers before the Courts. We have an established arbitration practice (with lawyers of the firm acting as arbitrator or counsel), working in English, French and Dutch.
Members of the department have produced numerous publications in the field of Belgian private banking law, including: F. Glansdorff, Practical repertoire of Belgian law on mandate and trust, Bruylant 2013; D. Blommaert and D.Bracke on the topic of responsibility of the credit provider; Alter, general private banking law, Larcier, 2010; F. Vermander, PhD on the unilateral termination of a contract; S. Delaey, PhD on the implementation of MiFID in private banking law; K. Andries, PhD on non-disclosure agreements; Blommaert and F. Bonnarens, various articles on the amended Consumer Credit Act.
For the sake of confidentiality, we do not disclose our clients' names. However, lawyers from the department act as regular counsel for four of the biggest banking and financial international conglomerates in their Belgian banking and credit activities.
We also represent two of the four main Belgian banks and other banking and credit institutions at the national level. Finally, we represent two 'niche' Belgian banks, one of them active in Belgium and the other internationally.
The international guide LEGAL 500 described the department as follows: "The team recently won a government tender, advising on the modernisation of regulations for credit products. Clients single out Dominique Blommaert for his reputation as a skilled and experienced litigator in the field of Belgian financial and banking law, and his academic credentials. Cédric Alter and Didier Bracke are recommended for banking litigation." (2010)
"Janson has an excellent team of partners in Dominique Blommaert, Cédric Alter and Didier Bracke, with a diligent and professional approach. Clients include Febelfin, the Belgian association of banks, which it assists on EU regulatory implementation, Mastercard and JP Morgan, for which it does litigation and transactional banking work. Stine Delaey joined the firm." (2011)
"Janson's excellent and highly professional team has a very good knowledge of consumer credit, but also has a strong banking litigation practice, acting for clients such as Citibank and KBC. The business-minded and proactive Dominique Blommaert leads the team, which attracted new clients Ferratum and Friendly Finance in 2011. Cédric Alter succesfully led a Supreme Court case for a Belgian company active in the medical gas sector, while Dominique Blommaert and Didier Bracke acted for the majority shareholder of Edificio in a corporate dispute. The firm, which handles litigation and arbitration, made Ophélie Cocquyt a partner in 2010." (2012)
"Janson is particularly strong in contentious matters and represents a number of banks in litigation. Dominique Blommaert recently led the firm's representation of Dexia in litigation against publi-T regarding the winding up of Holding Communal. Other key clients include HBC and Citibank. Didier Bracke and Cédric Alter are also recommended." (2013)
Our non-contentious activity involves, inter alia, the design and setting up of financial or banking products, but can also encompass fields such as securities, financial services and asset management.
Moreover, the department provides assistance to clients in financial operations of various kinds, including securities and guarantees issues.
The litigation practice is mainly active in representing banking and financial institutions, commercial companies and consumers before the Courts. We have an established arbitration practice (with lawyers of the firm acting as arbitrator or counsel), working in English, French and Dutch.
Members of the department have produced numerous publications in the field of Belgian private banking law, including: F. Glansdorff, Practical repertoire of Belgian law on mandate and trust, Bruylant 2013; D. Blommaert and D.Bracke on the topic of responsibility of the credit provider; Alter, general private banking law, Larcier, 2010; F. Vermander, PhD on the unilateral termination of a contract; S. Delaey, PhD on the implementation of MiFID in private banking law; K. Andries, PhD on non-disclosure agreements; Blommaert and F. Bonnarens, various articles on the amended Consumer Credit Act.
For the sake of confidentiality, we do not disclose our clients' names. However, lawyers from the department act as regular counsel for four of the biggest banking and financial international conglomerates in their Belgian banking and credit activities.
We also represent two of the four main Belgian banks and other banking and credit institutions at the national level. Finally, we represent two 'niche' Belgian banks, one of them active in Belgium and the other internationally.
The international guide LEGAL 500 described the department as follows: "The team recently won a government tender, advising on the modernisation of regulations for credit products. Clients single out Dominique Blommaert for his reputation as a skilled and experienced litigator in the field of Belgian financial and banking law, and his academic credentials. Cédric Alter and Didier Bracke are recommended for banking litigation." (2010)
"Janson has an excellent team of partners in Dominique Blommaert, Cédric Alter and Didier Bracke, with a diligent and professional approach. Clients include Febelfin, the Belgian association of banks, which it assists on EU regulatory implementation, Mastercard and JP Morgan, for which it does litigation and transactional banking work. Stine Delaey joined the firm." (2011)
"Janson's excellent and highly professional team has a very good knowledge of consumer credit, but also has a strong banking litigation practice, acting for clients such as Citibank and KBC. The business-minded and proactive Dominique Blommaert leads the team, which attracted new clients Ferratum and Friendly Finance in 2011. Cédric Alter succesfully led a Supreme Court case for a Belgian company active in the medical gas sector, while Dominique Blommaert and Didier Bracke acted for the majority shareholder of Edificio in a corporate dispute. The firm, which handles litigation and arbitration, made Ophélie Cocquyt a partner in 2010." (2012)
"Janson is particularly strong in contentious matters and represents a number of banks in litigation. Dominique Blommaert recently led the firm's representation of Dexia in litigation against publi-T regarding the winding up of Holding Communal. Other key clients include HBC and Citibank. Didier Bracke and Cédric Alter are also recommended." (2013)
Our services
The department has been involved in the following non contentious matters:
- Acquisition of two Belgian financial institutions; due diligence with a view to the acquisition of another Belgian bank;
- Filing of requests with the Belgian Banking and Finance Commission (CBFA) on behalf of two different financial institutions in order to be allowed to trade in the mortgage loans market;
- Filing of requests with the Federal Public Service for the Economy with a view to being allowed to act as a credit provider;
- Drafting of several types of contracts under the supervision of the Federal Public Service for the Economy, in connection the Act of 12 June 1991 on consumer credit;
- Implementation of several credit services, in some cases associated with the use of credit cards;
- Drafting of provisions linked to the protection of privacy on behalf of several financial institutions;
- Drafting of various complex financing agreements for credit institutions, including project finance deals and cash pool agreements.
- Drafting of financing agreements designed for the automobile dealers of a well-known car manufacturer, involving a financial institution and the official distributor of the brand; drafting of a specific range of securities and guarantees;
- Drafting of a legal memorandum regarding the amicable recovery of debts in execution of rules governing consumer and data privacy protection;
- Assistance in the implementation of internal procedures as regards the prevention of money laundering;
- Drafting of a legal memorandum for financial institutions concerning the implementation of the new European regulation on capital adequacy ('Basel II agreements');
- Drafting of a legal memorandum for financial institutions regarding the organisation of their credit departments;
Our experience
Some examples of cases handled:
- The department is involved in two of the largest legal proceedings in recent years, namely the “Fortis” and “Arco” cases
- Assistance and advise on setting up crowdfunding platform
- Assistance to 12 credit institutions in order to obtain their authorisation as lenders
- The defence of 2 financial institutions in a funding loss dispute
- The defence of a financial institution related to credit risk
- Advice to the Bar Association on the new payment system between lawyers and the registry services
- Assistance to Kempar in the “Spaarselect” case, relating to investment mortgages
- Chairman of an arbitration panel on the application of the so-called “MiFID” legislation
Our team
Counsels
* SC Janson Baugniet CV
