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Benoît Vandervelde

Partner

Portrait ofBenoît Vandervelde

Benoît Vandervelde

Partner

Contact
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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"Benoît Vandervelde is highly responsive, quick and sharp."

Banking & Finance client, Chambers Europe, 2024

"He [Benoît Vandervelde] swiftly mobilises the necessary resources from within CMS with practical and commercial advice to address our concerns."

Banking & Finance client, Chambers Europe, 2024

"I had the pleasure of working with Benoît Vandervelde, an efficient attorney who also has a good understanding of the French market and practices, making him an ideal partner for cross-border transactions."

Feedback from a client, Legal 500, 2024

"I have worked alongside Benoit Vandervelde for almost 10 years and he has built a very qualified and responsive team, covering all aspects of banking and finance law in Belgium. We believe they offer very high standards of service compared to other firms in the market. "

Feedback from a client, Legal 500, 2024

"Benoît is a very good team player and cooperating with him is always easy and seamless."

Chambers Global, 2023

"Benoit Vandervelde is hands on and thus provides advice which can be applied by companies."

Feedback from a client, Legal 500, 2022

"Benoît Vandervelde is highly responsive, quick and sharp."

Banking & Finance client, Chambers Europe, 2024

"He [Benoît Vandervelde] swiftly mobilises the necessary resources from within CMS with practical and commercial advice to address our concerns."

Banking & Finance client, Chambers Europe, 2024

"I had the pleasure of working with Benoît Vandervelde, an efficient attorney who also has a good understanding of the French market and practices, making him an ideal partner for cross-border transactions."

Feedback from a client, Legal 500, 2024

"I have worked alongside Benoit Vandervelde for almost 10 years and he has built a very qualified and responsive team, covering all aspects of banking and finance law in Belgium. We believe they offer very high standards of service compared to other firms in the market. "

Feedback from a client, Legal 500, 2024

"Benoît is a very good team player and cooperating with him is always easy and seamless."

Chambers Global, 2023

"Benoit Vandervelde is hands on and thus provides advice which can be applied by companies."

Feedback from a client, Legal 500, 2022

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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Publications

  • B. VANDERVELDE & V. DIRCKX, « Equity line transactions : une nouvelle technique de financement pour les sociétés cotées ? », Droit Bancaire et Financier, 2015/III, p.187
  • B. VANDERVELDE, « Fusions de banques et cessions d’activités bancaires », in 20 ans de Loi bancaire, Anthémis, 2013
  • B. VANDERVELDE & G. CHUFFART, Pensions complémentaires, (aspects réglementaires et assurance-vie)  Salaires, Kluwer, 2011, 106 pages
  • B. VANDERVELDE, « 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
  • B. VANDERVELDE & A. VAN OEKEL, « La conversion de dette en capital : un remède dans le cadre des restructurations de crédit », Forum Financier/Droit bancaire et financier, 2009/06
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Education

  • 2004 - Bar admission (Brussels, Belgium)
  • 2004 - University of Louvain, UC Louvain (Law Degree)
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Expertise

22/02/2023
Walloon Region: CMS Belgium advises the joint lead managers on a new EUR...
CMS Belgium advised ABN AMRO, Deutsche Bank, ING, Natixis, Nomura and NordLB, as joint lead managers, on a new EUR 1.5 billion bond issue by the Walloon Region under its EUR 25 billion EMTN programme...
Deals

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17/05/2024
Real estate finance law in Belgium
A. Mortgages 1. Can security be granted to a foreign lender? Yes. 2. Can lenders take a mortgage over land and buildings on the land? Yes. 2.1 The distinction between mortgages on land and buildings...
Expert Guide Banking & Finance
23/04/2024
Digital Operational Resilience Act (DORA): Impact on the funds sector
The Digital Operational Resilience Act (DORA) is a transformative force in the funds sector, reshaping the relationships between financial entities, financial markets and ICT providers to achieve greater digital resilience. 2024 stands as a pivotal year for DORA’s implementation since the Act will come into effect in January 2025. Our CMS Funds experts are sharing insights on the challenges and key components of this transformation in our upcoming video series, covering the following key components:
Publication
12/03/2024
Ready for DORA? It applies to you!
Our era is marked by major technological developments, which can give rise to new risks and challenges. This is true for the financial sector, which is undergoing constant digitalisation and, in parallel...
Law-Now Banking & Finance
12/03/2024
CMS advised AG Real Estate and Atenor in connection with a EUR 88 million...
CMS advised AG Real Estate and Atenor in securing EUR 88 million in project financing for the NOR Bruxsels project. The cutting-edge, sustainable, mixed-use redevelopment project around the North Station...
Deals
04/03/2024
Popular investment vehicles in Belgium
Updated on December 2023. Investment vehicle FIIS (Fonds d’in­ves­t­isse­ment immobiliers spécialisés) 1. Form Investment undertaking with fixed capital (SICAF) 2. Tax Treatment Derogatory tax regime...
Expert Guide Funds
Comparable
07/02/2024
CMS Expert Guide to Crypto Regulation in Belgium
Disclaimer: This chapter was last updated on 5 September 2023 and does not reflect any subsequent developments. The information provided is intended for general informational purposes and should not be...
Expert Guide
Comparable
05/02/2024
Belgium: Banker's oath
On 15 January 2024, the law on the banking oath was published in the Belgian Official Gazette. The law impacts the banking sector and only applies to certain categories of managers and em­ploy­ees.What...
Regzone Banking & Finance
05/02/2024
Banker's oath
On 15 January 2024, the law on the banking oath was published in the Belgian Official Gazette. The law impacts the banking sector and only applies to certain categories of managers and em­ploy­ees.What...
Law-Now Banking & Finance
25/01/2024
CMS advises Pricoa Private Capital on first US private placement under...
Interparking, a leading European car park operator, has successfully issued its first US private placement governed by Belgian law, which was subscribed by Pricoa Private Capital, the private debt investment...
Deals
05/01/2024
Private placement rules and law in Belgium
Belgium has implemented AIFM Directive 2011 / 61 / EU (the “Directive”) into its law dated 19 April 2014 on AIF and their managers (the “Law”). 1. AIFM registration/ passporting Pursuant to the...
Expert Guide Funds
05/01/2024
AIFM passporting in Belgium
1. EEA AIFMs AIFMs authorised in their EEA home State may exercise passport rights for management and marketing in Belgium in relation to most types of AIF, on a services and / or branch basis. In order...
Expert Guide Funds
29/12/2023
UCITS passporting in Belgium
1. EA UCITS Schemes  EEA Management Companies may exercise passporting rights for the marketing of an EEA UCITS Scheme in Belgium. In order to do so, the requirements of the Belgian law of 3 August...
Expert Guide Funds
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