The term financial products encompasses a broad range of agreements and instruments offered on the financial markets that are not exclusively personal in nature. These include, for example:
- the offering of shares, bonds or other securities to multiple investors (including through crowdfunding structures);
- the provision of loans or credit facilities to third parties;
- the offering of standardised financial services, such as credit management, factoring, invoice financing and other commercial finance arrangements.
In addition to the regulatory requirements arising under financial supervisory legislation, it is essential that the civil-law structure of such products is carefully considered. A financial product must be drafted in a transparent, coherent and legally sound manner, with agreements that are balanced, commercially realistic and tailored to the actual risks and intentions of the parties involved.
Proper structuring ensures that investors, lenders, borrowers and service providers understand the legal and financial consequences of entering into the product. This clarity significantly reduces the risk of future disputes and provides a solid basis for compliance with regulatory obligations.
If disputes do arise, well-constructed documentation enables the matter to be submitted to the court or arbitral tribunal in a more efficient and focused manner, supported by clear contractual interpretation and minimising evidentiary complexity.
Wise Law BV advises companies, financial service providers, investors and platforms on the design, documentation and implementation of financial products. Our services include:
- drafting and reviewing securities documentation (shares, bonds, convertible instruments);
- structuring lending arrangements and credit facilities;
- preparing documentation for factoring, credit management and receivables financing;
- advising on crowdfunding frameworks and investment platforms;
- ensuring alignment with applicable financial supervisory rules;
- drafting terms and conditions, risk statements, investor disclosures and compliance protocols;
- reviewing legal enforceability and risk allocation.
Through the combination of financial expertise and civil-law precision, Wise Law BV ensures that financial products are both regulatorily compliant and civilly robust, thereby supporting secure, transparent and effective financial transactions.
