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Benoît Vandervelde

Partner
Lawyer

CMS DeBacker
Chaussée de La Hulpe 178
1170 Brussels
Belgium
Languages French, Dutch, English

Benoît specializes in banking and finance law as well as in regulatory insurance law. He mainly advises lenders and borrowers on financial transactions, including acquisition finance, syndicated loans, real estate finance, debt restructuring, etc.
Benoît also advises financial institutions (banks, investment funds, investment firms, insurance undertakings, pension funds, payment institutions) and public authorities, both in the performance of their day-to-day activities (securitization, capital market transactions, investment products, liability of financial institutions) and in their relationships with the regulatory authorities (licensing, prudential requirements, merger and acquisition).

He is regularly consulted by regulated entities on regulatory compliance matters. Benoît also developed an in-depth knowledge in advising insurance undertakings with their operations in Belgium in the context of Brexit.

He was seconded to the banking and finance team of CMS London.

Benoît is praised for being "really pragmatic," adding that "he understands immediately what clients need and helps out straight away." He has been mentioned as “up and coming” in Chambers [2019].

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“One client admires the 'very proactive and to the point' lawyer for his brevity and timeliness, adding: "He gives concise but no-nonsense advice and keeps well to agreed timeframes.“

Feedback from a client about Benoît Vandervelde – Chambers Global, 2019 (Banking & Finance)

"The firm is 'Very proactive, able to move the files on and work at a fast pace to produce clear and helpful advice.'"

Feedback from a client about the department - Chambers Europe, 2018 (Banking & Finance)

Relevant experience

  • Regularly acting for lenders or borrowers on cross-border LMA transactions, i.e. drafting and negotiating LMA credit facility, intercreditor agreement and security documentation (upstream guarantee with limitation wording, business pledge, receivables pledge, bank account pledge, shares pledge, etc.), including the issuance of legal opinions
  • Advising several UK insurance intermediaries in the development of their Brexit plan and the implementation thereof, i.e. assisting with the application for license with the FSMA
  • Advising Aedifica with a debt capital market transaction (€150 Mio treasury note program) arranged by Belfius Bank and BNP Paribas Fortis. The program was structured as a mix of short term and medium-term treasury notes
  • Advising a Belgian Fintech acting as liquidity provider for cryptocurrencies market. We assisted the Fintech in the drafting and negotiation of several cryptocurrencies loan agreement, taking into account the specificities and features of this new category of currency (escrow wallet, smart contract, etc)
  • Assisting one of the largest private banking institution of Switzerland in the setting up and marketing of a platform centralizing offering to 100,000 different investment funds, to be used by professional investors and local distributors around the world, for their own purpose or for the purpose of repackaging in fund of funds or unit linked policies. Our assistance related to complex investment services (MIFID) advice interrelated to alternative investment funds regulations
  • Advising a Belgian Bank during four separate securitization programmes arranged for two of the largest steel groups worldwide (EUR 150,000,000 and EUR 140,000,000), a worldwide cement group (EUR 250,000,000) and a worldwide group of maritime container transporters (EUR 51,000,000)
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Education

  • 2004 - University of Louvain-La-Neuve, UCL (Law Degree)
  • 2004 - Bar admission (Brussels, Belgium)
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Publications

  • « Equity line transactions : une nouvelle technique de financement pour les sociétés cotées ? », with V. Dirckx, Droit Bancaire et Financier, 2015/III, p.187
  • « Fusions de banques et cessions d’activités bancaires », in 20 ans de Loi bancaire, Anthémis, 2013
  • Pensions complémentaires, B. Vandervelde (aspects réglementaires et assurance-vie) with G. Chuffart, Salaires, Kluwer, 2011, 106 pages
  • « L’offre conjointe et les services financiers », in La nouvelle loi relative aux pratiques du marché et à la protection du consommateur : tout sur l’ancien et le nouveau régime, Larcier, 2010
  • « La conversion de dette en capital : un remède dans le cadre des restructurations de crédit », with Arnaud Van Oekel, Forum Financier/Droit bancaire et financier, 2009/VI
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18/12/2017
10 ques­tions about the new Bel­gian se­cur­ity in­terests re­gime
The re­form of the leg­al frame­work of se­cur­ity in­terests over mov­able as­sets was seen as long over­due. The trans­ition from the pre­vi­ous sys­tem, based on the dis­pos­ses­sion of the pledged as­sets, to a new dis­pos­ses­sion-free sys­tem based on on­line re­gist
June 2018
CMS in­tro­duces Private Place­ments on­line Ques­tion­naire
Private place­ments are in­creas­ingly be­ing used for debt fund­ing as an al­tern­at­ive to bank fin­an­cingFind the right one for you!The mar­ket of­fers a large num­ber of Private Place­ment (PP) products with many dif­fer­ent fea­tures, for ex­ample Schuld­scheinda

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20/07/2020
CMS Ad­vises EBRD on Re­new­able En­ergy In­vest­ment in Ukraine
17 April 2020
CMS Ex­pert Guide to coronavir­us re­lated loan morator­i­ums
This guide con­tains a brief but com­pre­hens­ive over­view of cred­it morator­i­ums for 30 coun­tries world­wide, col­lated with a view to help­ing our cli­ents nav­ig­ate through the vari­ous gov­ern­ment re­sponses, and which will be up­dated on a reg­u­lar basis.
06 July 2020
Life in­surers re­quired to settle be­ne­fits promptly
Based on re­com­mend­a­tions of the In­sur­ance Om­buds­man – which fre­quently re­ceives com­plaints about late pay­ment of life in­sur­ance con­tracts – a re­cent law was ad­op­ted to set the time frame with­in which...
23/04/2020
Are you eli­gible for the new State-guar­an­teed loans?
22 November 2019
CMS Ex­pert Guide to UCITS pass­port­ing
Are you look­ing for leg­al in­form­a­tion on UCITS pass­port­ing? This CMS Ex­pert Guide provides you with everything you need to know.
29 April 2020
Up­date on B2B loan pay­ment de­fer­ral and uni­lat­er­al ter­min­a­tion
As stated in our March news­let­ter in the art­icle about pay­ment de­fer­rals, Fe­belfin an­nounced that the fin­an­cial sec­tor had un­der­taken to auto­mat­ic­ally grant en­ter­prises a pay­ment de­fer­ral for ex­ist­ing...
17/03/2020
CMS as­sisted In­vest­corp in the ac­quis­i­tion of the Brus­sels Headquar­ters...
08 April 2020
Right of with­draw­al in con­sumer cred­it agree­ments: a mere cross-ref­er­ence...
In 2012, a con­sumer entered in­to a cred­it agree­ment with the bank Kre­is­s­par­kasse Saar­louis. The cred­it agree­ment gran­ted the bor­row­er a right of with­draw­al of 14 days and fur­ther­more stated that this...
14 November 2019
CMS Guide to Pass­port­ing (UCITS)
The pur­pose of this guide is to provide a broad over­view of the key ele­ments of pass­port­ing reg­u­la­tions ap­plic­able to EEA UCITS Scheme in the coun­tries covered in this guide. The guide makes no claims as to com­plete­ness and does not con­sti­tute leg­al ad­vic
26 March 2020
COV­ID-19: Bel­gian bank­ing sup­port plan for con­sumers and en­ter­prises
Pur­su­ant to an agree­ment between the Bel­gian Fed­er­al State, the Na­tion­al Bank of Bel­gi­um and the fin­an­cial sec­tor (rep­res­en­ted by Fe­belfin), Bel­gian fin­an­cial in­sti­tu­tions have un­der­taken to grant pay­ment...
14 November 2019
CMS Guide to Private Place­ment of Funds
When im­ple­ment­ing the Al­tern­at­ive In­vest­ment Fund Man­agers Dir­ect­ive (“AIFMD”), some EU States have tightened or severely re­stric­ted their private place­ment re­gimes, which is im­port­ant when non-EU man­agers and funds look to ac­cess EU in­vestors.
30 January 2020
In­sur­ance 2020: The Bel­gian per­spect­ive
The Bel­gian in­sur­ance mar­ket in 2020 will be Brexit-fo­cused. UK in­surers and brokers who moved their European op­er­a­tions to Bel­gi­um have been wait­ing for exit day be­fore pulling the trig­ger and switch­ing...