Compliance with these new and often complex regulations may be challenging for companies, especially those active in the financial sector. However, sustainable finance offers companies the opportunity to make an appropriate contribution to sustainability. The financial sector is instrumental to move towards a more sustainable economy. This ESG compliance poses strategic and operational challenges for the financial sector but will definitely create market opportunities for those who are able to adapt faster.

We look forward to embarking with our clients on a journey to a more sustainable economy. With our broad local and international networks, our strong relationships with supervisory bodies and our combined extensive expertise in financial regulations, debt capital markets, energy law, financings, corporate governance and tax, we are in a position to accompany you in this changing financial landscape.

ESG Key legal considerations
ESG Key legal considerations
Recent regulatory developments indicate that the ESG trend has acquired a more formal position in European and national law. With this increased importance of ESG aspects of doing business, it is expected that more and more ESG-related litigation will be presented to courts by a large variety of parties. For that reason, Loyens & Loeff wants to dedicate a series of articles to various ESG-litigation topics.

How we can help

We stand ready to advise you on all aspects of sustainable finance, including sustainable financial products, ESG disclosures, environmental and social standard compliance, voluntary codes of practice, green and social bonds and (re)financing of sustainable projects.

ESG disclosures & regulatory

To date, transparency and ESG disclosures are the preferred tools of the EU to promote sustainability in the financial sector. A significant amount of new legislation has been introduced and is forthcoming. In addition, existing financial legislation will be amended to include ESG objectives into the various sub-areas of the established financial regulatory framework.

The challenge for companies is not only to apply this complex set of new measures, but also to monitor upcoming developments and asses new business opportunities.

Green or sustainable bonds and loans

With our expertise in Debt Capital Markets and Banking & Finance, we can assist you with the assessment, structuring, and issuance of various ESG bonds and loans, including term loans or revolving credit facilities. This while taking into account the various international standards and forthcoming European framework.

We can also assist you during the entire listing process of ESG bonds notably on the United Nations-awarded Luxembourg Green Exchange (LGX), launched by the Luxembourg Stock Exchange which is the world’s first and leading platform dedicated exclusively to green, social and sustainable financial instruments and advise you in connection with all ongoing reporting and disclosure obligations that may result from the listing and/or admission to trading of such securities.

Financing sustainable (transition) projects

Our Banking and Finance team has extensive experience in project finance with a main focus on renewable energy projects, assisting both lenders and borrowers. We are a highly regarded partner to assist with the financing of new projects or to accompany the transition to a more sustainable economic activity, as well as to assist lenders in the expansion of their sustainable portfolio.