Area of expertise | Finance & Security Interests

Deeply Rooted in Finance & Security Transactions

A well-structured financing arrangement is the lifeblood of any enterprise. In recent years, traditional bank lending has significantly declined as a component of overall business financing. Today, a wide array of financing options is available, including private equity, trade credit, factoring, and crowdfunding. Designing a sound financing structure requires more than just identifying the right funding sources — it calls for careful negotiation of terms and meticulous legal documentation. A well-prepared financing plan not only determines the appropriate level of funding but also helps to minimise financing costs. Whether you are a lender or a borrower, our specialists in finance and security interests provide expert legal support tailored to your position and objectives.

A Selection of Our Focus Areas within this Expertise

Choosing the right form of financing is essential to achieving your business objectives. The structure should be tailored to the specific purpose and established on terms that are both appropriate and legally sound. Financing may consist of a single method or a combination of sources, such as bank loans, private equity, business angels, trade credit, factoring, credit unions, government grants, or crowdfunding. Legal advice from a specialist lawyer can add significant value in selecting and structuring the most suitable financing solution.

Lenders typically require security to ensure repayment of the financing they provide. The creation of security is therefore a standard element in financing transactions. This may include rights such as mortgages, pledges, guarantees, joint and several liability arrangements, retention of title clauses, or bank guarantees. Conversely, borrowers seek to negotiate the most favourable terms possible. The underlying premise is that both parties aim to proceed with the financing — a shared commercial interest that calls for carefully balanced negotiation rather than an overly aggressive stance. Our specialists in security interests assist clients in structuring and negotiating effective, well-calibrated security arrangements that protect their interests while supporting deal viability.

In many cases, a company acquiring another business will need to (partially) finance the purchase price for the shares to be acquired. It is crucial that the acquisition agreement and the financing documentation are fully aligned — inconsistencies can lead to significant legal and commercial risks. There are clear advantages to having both the transaction and its financing structured and negotiated by a single, integrated legal team. Thuis Partners regularly advises on all aspects of acquisition financing, offering seamless legal support throughout the process.

Our real estate lawyers work closely with our finance and security specialists to advise on complex property transactions and redevelopment projects. This integrated team regularly handles the financing of commercial real estate, including sale and leaseback structures and the refinancing of property portfolios. Our approach is pragmatic and deal-oriented, with a strong focus on solving issues efficiently while safeguarding the commercial and strategic interests of investors, developers, and real estate funds.

Litigation can be costly, often resulting in an imbalance between parties — particularly when one has substantial financial resources and the other does not. Even companies that can afford to litigate may prefer to allocate their capital elsewhere. As a result, parties may forgo pursuing a meritorious claim simply because they are unwilling or unable to bear the costs of litigation. Litigation funding offers a solution in such cases. Third-party funders are often prepared to advance legal costs for claims with strong prospects of success and a principal claim value of at least €500,000. Thuis Partners has a cooperation agreement with Liesker Litigation Funding, allowing us to assist clients in exploring and securing suitable funding options for their legal proceedings.

‘The time to repair the roof is when the sun is shining’

- JFK