Simont Braun - Avocats advocaten lawyers

Capital Markets

Recently, capital market transactions have been confronted with an ever-changing and complex regulatory environment in an uncertain financial and economic climate.

In such a challenging context,our corporate lawyers closely monitor legal and market developments to help clients assess opportunities and achieve their objectives.

Our fields of expertise

We offer an extensive range of services combining consultancy and transactional activities, in both equity and debt capital markets.

We interact regularly, pragmatically and effectively with the FSMA, BNB and other supervisory bodies.

In the event of alleged market abuse, we support our clients by offering strategic advice and defending their position before criminal courts, civil courts or the relevant supervisory bodies, calling on the assistance of our whitecollar crime department as and when required.

Our Capital Market specialists work closely with the firm’s other teams such as tax and employment law, providing our clients with integrated solutions in response to the diverse issues that arise in the context of corporate transactions.

Paul Alain Foriers, Sandrine Hirsch and Vanessa Marquette recently authored the book Les offres publiques d’acquisitions – 10 ans d’application de la réglementation, a publication reviewing the Belgian law on takeover bids after its 10th anniversary (Larcier, 2018).

Simont Braun is an active member of theEuropean Society for Banking and Financial Law (AEDBF-EVBFR) and the Association des Avocats en droit boursier et financier - Advocaten in beurs- en financieel recht (ADB).

We have solid experience in the following areas:

  • Advice on public and private offerings;

  • Advice and drafting of prospectuses and other documents relating to initial and secondary public offerings (IPO-SPO);

  • Advice and preparation of prospectuses and other documents relating to (convertible) bond issues;

  • Advice on block transactions;

  • The drafting and review of agreements with underwriters and other service providers;

  • Advice and preparation of prospectuses for public takeover bids, squeeze-outs and delisting transactions;

  • Advice and preparation of documentation relating to employee shareholdings (stock option plans and other forms of incentive plans);

  • Advice on regulatory compliance in various fields, including insider trading and market abuse (MAR), information and transparency requirements, marketing rules, MTFs and OTFs.

Some recent projects

  • Assisting a leading intermediary active in the OTC and listed markets and in multiple Euro Medium Term Note issues conducted by the region of Wallonia;

  • Advising a FinTech on various issues affecting public offers and the qualification of a regulated market, MTF and/or OTC;

  • Acting as legal counsel of a public real estate investment fund in relation to a bond issue and the subsequent listing of the bonds on the Luxembourg Euro-MTF;

  • Assisting a company listed on Euronext Brussels in a public rights issue, notably involving drafting of the prospectus and related documentation, negotiation of the agreement with the banks and issuance of a legal opinion;

  • Advice on possible defensive measures against a potential takeover bid and drafting of a response guide to be used by the company's board.