The Dutch Financial Supervision Act (Wet op het Financieel Toezicht (“Wft”) and the regulations based on it are extensive and subject to regular amendment. The Financial Supervision team of Kennedy Van der Laan keeps a close eye on developments, so that future rules and regulations can be anticipated in a proper and fast way. The team can also help you with questions such as: which financial rules do I have to comply with? How do I deal with the Dutch Central Bank (DNB) and the Dutch Authority for the Financial Markets (AFM)?
Financial Supervision in Insurance and Liability
Some attorneys of the Financial Supervision team have previously worked in the insurance sector. They know this world from inside out and have the necessary legal and practical knowledge regarding insurers, insurance brokers and intermediaries, equity-linked insurances, investment funds and outsourcing.
Financial Supervision in Banking & Finance
The Financial Supervision team advises banks on general financial matters such as guarantees, bonds, letters of credit, cash pooling arrangements, payment transactions, security issues and other general banking matters.
In addition, the Financial Supervision team is specialized in securities law and procedural administrative law, so that any additional expertise required is always close at hand.
Chambers Europe 2016 – Banking & Finance – Band 5
What the team is known for Solid firm with an active banking and finance practice, noted for asset finance, syndicated lending and payment services matters. Also active in banking litigation, and has a strong focus on financial technology.
Strengths (Quotes mainly from clients)
“Kennedy Van der Laan offers sound, high-quality legal advice. It has great sector knowledge and very capable lawyers.”
Work highlights Assisted RBS with a EUR150 million revolving credit facility agreement for Colt Group.
Assisted Cortland Capital Market Services with a USD33 million senior secured term loan facility agreement for Colt Defense.
Clients describe Joris van Horzen as a “hands-on lawyer with a sharp mind,” adding: “He understands the relationship between Dutch and US law and is able to articulate the differences.”
Significant clients Silicon Valley Bank, Raiffeisen Bank International, HSH Nordbank, Syntrus Achmea, Rocket Internet.
Legal 500 EMEA 2016 – Commercial Lending – Tier 4
The ‘pragmatic’ team at Kennedy Van der Laan is ‘very responsive and commercial in its approach’. 2015 saw the arrival of financial regulation expert Jan Broekhuizen from Boekel. Senior associate Joris van Horzen ‘is definitely a star’.
Chambers Europe 2015 – Banking & Finance – Band 5
What the team is known for Well-regarded practice advising a range of national and international banks on a broad spectrum of finance mandates. Offers notable experience in cross-border transactions, restructurings, banking litigation and regulatory issues.
Strengths (Quotes mainly from clients)
“The lawyers are responsive and clear-thinking, with superb English. They are always helpful when we have questions, and are less bureaucratic than others we have dealt with.”
“We always go back to the firm as it knows our company, is flexible, acts quickly and is always reachable.”
What’s new? Lendico Netherlands is a new client win.
Work highlights Acted for Hercules on a USD10 million loan agreement for uniQure.
Acted for Brand Loyalty on an amendment and restatement agreement of a EUR75 million arranged by banks including NIBC Bank and ING.
According to a client, managing partner Bart de Man “delivers an amazing work product in a short period of time. He is structured and can oversee a deal.” He covers syndicated loans, refinancing and acquisition finance.
Associate Joris van Horzen wins effusive praise from sources, with clients describing him as “technically strong, commercial and efficient. He thinks with us to find solutions.”They continue: “He is straightforward and to the point, and keeps things moving.”
Significant clients Silicon Valley Bank, RBS, KPMG, HSBC, Bremer Landesbank.
Legal 500 EMEA 2015 – Banking & Finance – Tier 4
Kennedy Van der Laan, which attracts plaudits for its ‘succinct advice’ and ‘flexible and creative solutions’, has particular expertise in crowdfunding and peer-to-peer lending. ‘Very professional’ senior associate Joris van Horzen is ‘extremely quick to respond’.
Around the turn of the year, Dutch small and medium-sized businesses appeared to have raised about €170 million by means of crowdfunding. This...25 january 2017
On 1 March 2017 the new General Banking Conditions (“GBC”) will enter into force. In close consultations with the Netherlands Bankers'...28 november 2016
Today, it was announced that Kennedy Van der Laan has been nominated for The Lawyer Business Leadership Awards 2016. With its ‘Alliance Community...27 june 2016
It is almost impossible today not to read about FinTech in the newspaper. Not only are politicians keeping a keen eye on FinTech, it is so...20 may 2016
On 1 April 2016 the new Article 24b Exemption Regulation Wft ('Vr Wft') entered into effect (Government Gazette 2016, no. 16472). With this...19 april 2016
Kennedy Van der Laan has entered into a partnership with the Groningen Centre for European Financial Services Law (GCEFSL), which was founded to...07 december 2015
On 1 June 2015, Jan Broekhuizen will become a partner at Kennedy Van der Laan. The financial regulatory expert will be a member of the Banking &...21 may 2015
It is no secret that the financing of small and medium-sized enterprises (SMEs) is under pressure since the outbreak of the financial crisis. Several...19 november 2014
Annual report The Netherlands Authority for the Financial Markets Indicates a Tendency for More Informal Enforcement of the Financial Supervision Act
Recently, The Netherlands Authority for the Financial Markets (AFM) published its 2012 annual report (Dutch). It appears from this report that in the...14 may 2013
Introduction On 25 February 2013, the Administrative Law Judicial Division of the Council of State (“the Division”) gave a ruling in response to...27 february 2013
Amendments to the Act on the Prevention of Money Laundering and Financing of Terrorism as of 1 January 2013.
The Dutch Act on the Prevention of Money Laundering and Financing of Terrorism (Wet ter voorkoming van witwassen en financieren van terrorisme,...21 february 2013
On 1 February 2013 the Dutch Supreme Court rendered a judgment building on the case of Dix /ING. According to the Supreme Court, a pledge pursuant to...18 february 2013
Amendment of the Law On 1 January 2013, Section 22bis was added to the Dutch Collection of State Taxes Act 1990. Section 22bis reinforces the right...15 january 2013
Can KLM's Decision to Reserve Profits Be Upheld in View of the Interests of the Minority Shareholders?
JOR 2012/6 Court of Appeal of Amsterdam, 15 November 2011 On 15 November 2011 the Court of Appeal of Amsterdam rendered a judgment in a dispute...28 march 2012
Compensation Policy in the Financial Supervision Act We have previously written in this newsletter about the Regulation on Restrained Compensation...28 february 2012
Court of Rotterdam 13 July 2011, LJN BR1592 / JOR 2011, 335 The Parties On 13 July 2011, the Court of Rotterdam ruled in a dispute between...31 january 2012
Despite the implementation of Directive 2000/35/EC on combating late payment in commercial transactions in 2002, the European Commission (the...06 december 2011
In July 2011 the Financial Markets Amendment Act 2010 (Wijzigingswet financiële markten 2010 (the “Wfm 2010”)) entered into effect. The Wfm 2010...28 october 2011
No Notarial Deed for BV with Standard Articles of Association The first change is the abolishment of the obligation to see a civil-law notary to...30 september 2011
Court of Appeal of Den Bosch, 10 May 2011, LJN BQ 4142 The Facts JEM is exploiting a coffee shop in Maastricht and has a payment account with Van...30 june 2011
As of 1 July 2011 it will no longer be necessary to apply for a ‘certificate of no objection’ when incorporating a BV or an NV. This will put an...27 may 2011
The Termination of a Bank Guarantee in order to Lift an Attachment; the Importance of Careful Formulation
Bank Guarantees in General In the Netherlands we have two main types of bank guarantees: the “ordinary” bank guarantee and the “attachment...29 april 2011
As a result of the CRD III Directive, the Decree on Restrained Remuneration Policies (the “Decree”) entered into effect on 1 January 2011....24 february 2011
Consumer Credit Directive Implemented in the Netherlands: Important consequences for Suppliers of Consumer Credit
Purpose of the Directive The Consumer Credit Directive was published on 23 April 2008 and serves two important purposes. Firstly, the Directive was...27 january 2011
This paper gives an overview of the regulatory reforms in the US credit rating industry, most notably through the Credit Rating Agency Reform Act of...01 april 2009
A Global Guide Directors' liability is an increasing concern in boardrooms. Following two decades of high-profile corporate failures in Europe and...01 january 2007
Louis Bouchez and Motoyuki Yufu, directorate for financial and enterprise affairs of the OECD Asian banks play a dominant role in regional...01 january 2006
Louis Bouchez and Mathilde Mesnard, corporate affiars division of the OECD China has introduced laws, regulations and codes for better corporate...01 january 2006
This volume brings together a selection of the papers that were presented on 20 March 2006 at the OECD 'Exploratory Meeting on Corporate Governance...01 january 2006