Expertise

Derivatives

Specialized legal assistance for entrepreneurs, directors, and organizations

With our broad knowledge of capital markets, we serve a large number of clients across diverse sectors. This includes (large) SMEs, as well as listed companies and major international enterprises. We offer our excellent legal expertise, combined with our knowledge of organizational culture, to support the implementation of legal advice. Acting quickly while maintaining excellent quality is our top priority.

  • We worked for, among others:
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner

What we do

Derivatives are investment products derived from existing assets with a certain degree of complexity. In essence, a derivative is an agreement with a financial service provider. The value of a derivative is linked to an underlying instrument such as stocks, bonds, indices, or commodities. There are also derivatives linked to benchmark interest rates, as is the case with interest rate derivatives.

Banks and asset managers are subject to a special duty of care regarding the financial position and risk profile of clients. The special duty of care of financial service providers aims to protect investors against unsound advice. This special duty of care is most far-reaching for private, inexperienced investors. Unsound advice and a breach of the duty of care can result in liability for the investment advisor.

Within our capital markets practice group, we deal with various issues relating to derivatives, investment advice, breaches of the special duty of care, and misleading conduct. We also advise on the legal implications of investment instruments.

We have the knowledge and expertise to assume diverse roles: from advice to dispute resolution. We have an experienced team of lawyers and legal experts in the field of derivatives. Contact us to discuss the possibilities.

Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law · Lawyer

In specialized legal cases, it is not just about the legal rule. It is also about evidence, timing, negotiating position, and the business implications of every step.

What we help with

We assist entrepreneurs and organizations with legal questions where careful assessment, strategy, and execution are important.

  • Assessment of your legal position
  • Analysis of contracts, decisions, correspondence, and supporting documents
  • Advice on liability, defense, and strategy
  • Drafting or reviewing legal correspondence
  • Negotiation with counterparty, trustee, shareholder or advisor
  • Guidance during escalation, proceedings, or settlement

When should you call in a specialist?

Legal assistance is particularly valuable when the stakes are high, deadlines are running, or when an incorrect response could weaken your position.

  • There is a claim, demand, or notice of liability
  • You are unsure whether to respond, negotiate, or litigate
  • There are major financial or reputational risks
  • The other party exerts pressure or uses short deadlines
  • You want to prevent a response from being used against you later
  • You want to know in advance what is legally and commercially sound

Assess first, then respond

In specialized cases, an initial response can be decisive for the subsequent course of action. An admission, incomplete explanation, or the wrong tone could be used against you later. Therefore, we first assess exactly what is being alleged, which facts have been established, which documents are missing, and which strategy aligns with your best interests.

Our approach

You will not receive an abstract legal account, but a practical assessment of your position, risks, and next steps.

01

Intake and initial assessment

We will briefly discuss the situation, the available documents, and your primary interests.

02

Analysis of position and risks

We assess your legal position, supporting documents, deadlines, and possible next steps.

03

Strategic advice

You will receive concrete advice on the best course of action: responding, negotiating, settling, or litigating.

04

Execution

We assist with correspondence, negotiation, litigation strategy, or further legal assistance.

Specialists for entrepreneurs

We combine legal analysis with practical experience in cases for entrepreneurs, directors, and organizations.

Our capital markets team consists of legal experts and lawyers who can provide legal and strategic support in raising equity or debt. Whether it concerns an initial public offering (IPO), an alternative listing on the stock exchange (SPAC), or the issuance of bonds or loans, our team has extensive experience and knowledge of the financial capital markets. We have the in-house experience to work in a targeted, decisive, and efficient manner.

Frequently asked questions about derivatives

Below, we answer frequently asked questions about this area of ​​law, our approach, and seeking legal assistance.

When is legal advice advisable?

Legal advice is wise as soon as pressure arises, deadlines are running, an opposing party takes a position, or when the financial or strategic interests are significant.

Can MKB Juristen also help if there is already a conflict?

Yes. We assess your legal position, advise on strategy, and can assist with correspondence, negotiation, defense, or further legal steps.

How much does specialist legal advice cost?

Specialist advice is provided on an hourly basis in principle. Where possible, we provide clarity in advance regarding the expected approach, costs, and next steps.

Can I have a no-obligation consultation first?

Yes. You can request a free consultation. We will briefly discuss your situation and indicate which course of action is likely the sensible one.

Discuss your position

Do you want to know where you stand legally or what step is sensible? Discuss your situation with a lawyer or in-house counsel.

Contact us

Contact us

Leave your details. We will contact you to briefly discuss your situation.

Contact us

Jaime Boogaers

Want to know more about our services?
Then contact our specialists.

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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