Belgium,United Kingdom,France,Germany,Ireland,Italy,Luxembourg,Netherlands,Spain,Sweden,Austria,Denmark,Finland,Hungary,Norway,Poland,Romania,Slovak Republic
21 September 2023 • 2 minute read
International Asset Based Lending Guide
Our Asset Based Lending team is pleased to release the 2023 edition of the firm's international ABL guide.
We prepared this guide in response to an increasing number of discussions with funders, intermediaries and corporates in relation to structuring cross border Asset Based Lending transactions in the European market. Amidst change and turmoil in an ever-evolving financing and economic backdrop, the attraction of (and the need to) fund with the backing of assets is of increasing importance. Given the increasing internationality of business and complexity of supply chains there is a clear need for understanding the cross-border funding options available.
The approach to asset security, guarantee limitations and perfection varies by jurisdiction, so it is essential to understand the approach and the local law requirements in structuring these types of transactions. This guide has been researched and authored by our dedicated local DLA Piper offices and the guide has been fully updated for 2023.
“Our industry is of course receivables, and inventory and P&M and other assets. But it is also structured debt, securitisation light, platform funding, direct third party recourse, cashflow: let’s be bold about publicising the solutions which as funders and advisers, we find for our clients.”
"Cross border ABL can involve many legal pitfalls for the unwary, and robust in-country advice is essential when structuring such facilities. Our teams can help not only to navigate the legal aspects of cross border ABL but they can also provide practical advice and answer the question, 'What’s market?'"
“The European ABL market is becoming more and more important in the current economic climate. Our ABL guide is a great tool to easily identify the key elements of regulation for ABL offerings, positions in Insolvency and how to secure and enforce the borrowing base. We are looking forward to further assist our clients with structuring and advising and ABL transactions.”
“As a consequence of the uncertain economic environment and the pricing of the traditional bank lending financing, factoring and receivable finance in general will surely continue gaining momentum in the short and medium term.”
