Muriel Baudoncq joined Janson as a partner in November 2017. She is an expert in complex issues of financial regulation, both in Belgian and European law. She regularly advises her Belgian and international clients on the licences and authorisations required to carry out, offer or market regulated activities in Belgium such as deposit taking, lending, leasing, renting, factoring, MiFID investment services, asset management, insurance activities... She also acts for intermediaries (brokers, agents, tied agents, business providers).
Muriel's work includes assisting clients in obtaining and maintaining the required authorisations from the NBB or the FSMA as well as advising on governance compliance (fit & proper, internal control, outsourcing, cloud computing...), rules of conduct and regulation of financial products. She also has specific expertise in international issues and assists clients established in other European countries or outside Europe who wish to provide their services in Belgium on a cross-border basis or by establishing a branch. Due to her previous position in a British law firm, she has also acquired specific expertise in the Brexit context.
Muriel is also a recognised expert in the asset management sector where she advises and assists asset management companies, distributors and other intermediaries in the commercialisation of funds to both professional and retail investors. She has also assisted clients in the creation of Belgian funds (institutional SICAV, Pricaf). Her expertise covers both UCITS and alternative funds. In the field of capital markets, she has experience in public and private offerings of financial instruments and structured products, particularly with regard to the protection of consumers and retail clients. Muriel is also involved in financing and taking security on Belgian guarantors or assets located in Belgium.
Part of Muriel's activity also involves assisting clients in mergers and acquisitions, restructuring operations subject to corporate law and stock option or warrant plans.
- Advisor to many EU and non-EU financial institutions operating in Belgium on a crossborder basis and recently in light of Brexit
- Advisor to a leading US rigid packaging company in one of the largest ever acquisitions of the business unit of a parent company insolvent in Europe under the common European insolvency regulations
- Advisor to a Dutch company on the rules applicable where granting or extending credit to small and medium size enterprises
- Assistance to a consortium of lenders in the setting up of mortgages and floating charges by Belgian borrowers and guarantors
Languages: French, English, Dutch
- 2017 - ...: Partner - Janson
- 2003 - 2017: Senior/Managing Associate - Simmons & Simmons LLP (Brussels)
- 2012: Part-time secondment - Belgian branch of a French asset management company (Brussels)
- 2007 - 2009: Part-time secondment - French asset management company (Paris)
- 2000 - 2003: Associate - Peeters Lawyers (Ernst & Young)
- 1996 - 2000: Legal counsel - ING Bank
- 1991 - 1996: Law degree, Université Libre de Bruxelles (magna cum laude)
Lawyer at the Brussels Bar since 2001.
Muriel is the author of numerous client alerts and newsletters on a wide range of financial regulatory topics. She is also a speaker and gives presentations in both French and English.
Some of her most recent or important publications are listed below:
- Belgian chapter of the International Comparative Legal Guide - Fintech 2020, A practical cross-border insight into fintech law, 4th edition, 2020 (with Q. Metz)
- Quelques précisions sur la responsabilité du gestionnaire de fortune, note sous Bruxelles 5 septembre 2019, RDC/TBH, 2020, 210-215 (with F. Wilmet)
- Cryptocurrencies, ICO’s and smart contracts from a legal perspective, GLI Blockchain & Cryptocurrency Regulation (Belgium chapter), 2019
- Brexit - Is winter coming for UK banks? Overview of certain challenges faced by UK banks in case of ‘hard’ Brexit in light of the regulatory framework applicable to third country banks, Actualités en droit commercial et bancaire, Liber Amicorum Martine Delierneux, Larcier, 2017, p.41-73
- Getting the deal through, Fintech, Belgium, 2017
- Travailleurs-capitalistes de Belgique, rassurez-vous, la Commission bancaire et financière vous protège … souvent. Mais pour combien de temps encore ?, DAOR, 2003 (N° 63), p.212-241 (with France Wilmet)
- La distribution de dividendes, Gestion Financière, Octobre 2001, n°5, p.52
- Wet van 4 mei 1999 tot invoering van de strafrechtelijke verantwoordelijkheid van rechtspersonen (in voege getreden op 2 juli 1999), Bull.Fisc.Fin.R., 1999, afl.7, pp.2-9 (with Jean Cattaruzza)