We are Stibbe Debt Capital Markets specialists

Working closely with the finance team, our debt capital markets lawyers provide tailored advice on financing structures in both the public and private domains.

Debt Capital Markets

Advising in both the public and private arena, our debt capital markets team combines detailed legal analysis with a practical and pragmatic approach – assisting clients with all the challenges they face.

Our team provides a full range of services to banks, finance companies, trustee companies, corporate borrowers and issuers, and intermediaries. These include all types of debt instruments, securitisation and related types of transactions, credit-linked notes, repackagings, Eurobonds and structured note offerings. Furthermore, we handle EMTN and commercial paper programmes, convertibles, and RMBS & CMBS transactions.

We are also highly active in structured finance matters drawing on the necessary in-house expertise including tax, finance, securities, regulatory, corporate, real estate and commercial law. This coordinated and integrated approach has ensured our strong track record in this area.

As much of our work is cross-border, we work closely with various other leading international law firms ensuring every issue is handled in the most effective and efficient way.

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Publication of Prospectus Regulation

Short Reads - On 30 June 2017, the Prospectus Regulation was published in the Official Journal of the European Union.  The Prospectus Regulation forms an integral part of the European Commission’s Capital Markets Union Action Plan and will implement numerous changes to the existing prospectus regime.  Generally speaking, the Prospectus Regulation aims to make prospectuses more relevant and comprehensible to ordinary investors, to lessen the administrative burden on prospective issuers, and to tailor the disclosure within prospectuses to the type of issuer.

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ESMA Consultation Papers regarding Technical Advice

Short Reads - On 6 July 2017, the European Securities and Markets Authority (“ESMA”) published three consultation papers setting forth technical advice in respect of prospectus simplification efforts.  The recently-published Prospectus Regulation requires the European Commission (the “EC”) to adopt delegated acts in a number of areas within 18 months after the regulation’s entry into force, and in February 2017 the EC formerly requested ESMA to draft technical advice in connection therewith.

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27.06.2017 NL law
Offering Amount Threshold for Prospectus Publication Requirement in the Netherlands

Short Reads - On 2 May 2017, the Dutch Minister of Finance, Jeroen Dijsselbloem, sent a letter to parliament (in Dutch) in response to certain inquiries regarding the Capital Markets Union Action Plan and the forthcoming Prospectus Regulation.  Minister Dijsselbloem informed parliament that the intention remained to increase the threshold for the exemption from the requirement to draw up a prospectus from EUR 2.5mm to EUR 5.0mm, which is expected to enter into force in the second half of 2017.

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Short Reads - On 8 June 2017, the European Commission (the “EC”) released its midterm review of its Capital Markets Union Action Plan (the “CMU Action Plan”), which, among other things, seeks to strengthen Europe’s financial system by providing alternative sources of financing and more opportunities for consumers and institutional investors.  The CMU Action Plan forms a key pillar of the EC’s Investment Plan for Europe, and the midterm review highlights the EC’s delivery of almost two-thirds of the 33 measures forming the CMU Action Plan.

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