Clifford Chance
The Flex BV: an improved legal framework for structured finance transactions
21 February 2012
It is expected that, after a long legislative process, on 1 July 2012 a considerable number of amendments will be made to the rules of Dutch company law that apply to a Dutch private limited liability company (besloten vennootschap met beperkte aansprakelijkheid; "BV"). The current rules follow many of the EU rules that apply on a mandatory basis to a public limited company (naamloze vennootschap). These rules do, however, not apply to BVs and they are therefore currently more strictly regulated than required from an EU law perspective.
The amendments will create a very flexible regime, making a BV an even more attractive vehicle for structured finance transactions. This client briefing is a summary of the main changes that may be relevant for the structured finance practice.
