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Muriel BAUDONCQ Muriel BAUDONCQ
Muriel BAUDONCQ

  • Partner

Expertise


Presentation


Muriel joined Janson as a Partner in November 2017. She is an expert in complex financial regulatory matters. She has substantial expertise in European and Belgian financial markets regulations. She regularly advises national and international clients on the licensing requirements applicable when carrying out, offering or marketing regulated activities in Belgium such as deposit-taking, lending, leasing, renting, factoring, MiFID services, asset management, insurance activities, etc. She also acts for intermediaries (brokers, agents, tied agents, business introducers).

Her work includes assisting clients in obtaining and maintaining appropriate license with the Belgian regulator (NBB/FSMA) and advising on the applicable governance requirements (fit & proper, internal control environment, outsourcing, cloud computing, etc), conduct of business rules and financial products regulations. She also has a specific expertise in crossborder issues and assists both EU and non-EU clients wishing to provide their services in Belgium either on a crossborder basis or by setting up a branch. Due to her previous position in a British law firm, she also acquired a specific expertise in the field of Brexit.

Muriel is also a recognized expert in the asset management sector where she advises and assists asset managers, distributors and intermediaries in the marketing of funds to both professional and retail investors in Belgium. She also assisted clients in the setting up of specific Belgian fund structures. Her expertise covers both UCITS and AIF funds. In the field of capital markets, she has experience in advising on public and private offerings of financial instruments and structured products in Belgium with a focus on retail compliance and consumer protection rules. Muriel also has a strong track record in acquisition and restructuring financing work including taking security on Belgian guarantors and goods or property located in Belgium.

Part of Muriel’s activity is also assisting her clients in relation to mergers and acquisitions, corporate restructuring work and setting up stock options or warrants plans.

Prior to joining Janson, Muriel was Managing Associate in the Financial Services group at the British law firm Simmons & Simmons LLP (2003-2017) and previously Associate in the Belgian firm Peeters Advocaten-Avocats (EY network) (2000-2003). She worked for a few years as in-house legal counsel at an international bank before joining the Brussels Bar (1996-2000). She graduated from the University of Brussels in 1996 and is member of the Brussels Bar since 2001.

Languages: French, English, Dutch.

Curriculum


Born in 1973

Education:
  • University of Brussels (ULB) (“Maîtrise en droit” 1991-1996 – Magna cum laude)
  • Member of the Brussels Bar since 2001

Languages
  • French, English, Dutch

Professional Career
  • 2003-2017: Senior/Managing Associate – Simmons & Simmons LLP Brussels
  • 2012: Part-time secondment to the Belgian branch of a French asset manager in Brussels
  • 2007-2009: Part-time secondment to a French asset manager in Paris
  • 2000-2003: Associate – Peeters Advocaten Avocats (Ernst & Young)
  • 1996-2000: In house legal counsel ING Bank (Legal & Compliance Department)

Areas of expertise

Muriel is specializing in EU and Belgian financial markets regulation such as MiFID2/MiFIR, PRIIPs, UCITS V, AIFMD, CRD IV, SOLVENCY 2, MAR, PR, EMIR, PSD, TD, IMD/IDD, etc.

Publications


  • Muriel is the author of numerous client alerts and newsletters on various financial regulation topics. She also speaks at conferences and give speeches in French and in English.
  • Most important or recent publications include:
    • 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 2019 (Belgium chapter)
    • 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 ? » (with France Wilmet), DAOR, 2003 (N° 63), p.212-241
    • 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) », with Jean Cattaruzza, Bull.Fisc.Fin.R., 1999, afl.7, pp.2-9
Contact

Brussels: + 32 2 675 30 30
Nivelles +32 67 21 79 95
Ghent: +32 9 240 77 20
Mons: +32 65 22 10 00
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