Financial Supervision

“The Financial Supervision team will help you with all your financial questions”

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 2017 – Banking & Finance – Band 5

What the team is known for Handles asset-based lending and investment grade facilities on a domestic and international basis. Acts for Dutch, European and global banks on banking litigation and maintains keen insight into FinTech industries and innovative payment services.

Strengths “The team provides quality advice and is able to work well in a cross-border transaction.”

“The team is very sector-focused and spots developments in the market.”

Work highlights Acted for Barents International on a EUR90 million facilities agreement arranged by ABN AMRO and ABN AMRO Commercial Finance.

Acted for Cortland Capital Market Services as Dutch counsel on a USD33 million senior secured term loan facility agreement.

Notable practitioners

Joris van Horzen handles FinTech and payment services as well as finance transactions. Sources view him as “responsive, practical and in tune with the concerns of banks. He is adept in articulating the distinctions between Dutch and US law.” He acted for Brand Loyalty Group on a EUR125 million facility agreement arranged by Deutsche Bank and ING.

Significant clients RBS, Silicon Valley Bank, Raiffeisen Bank International, HSH Nordbank, Rocket Internet.


 

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.

Notable practitioners 

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’.

 

The Legal 500 Rankings 2017

The Legal 500 has published its rankings for 2017. On the basis of annual extensive research on the market and among clients, The Legal 500 compiles...

13 april 2017 

Chambers and Partners Europe Rankings 2017

Chambers and Partners has published its rankings for 2017. On the basis of annual extensive research on the market and among clients, Chambers and...

13 april 2017 

Update Crowdfunding: AFM Demands Improvement Provision of Information

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 

Renewed General Banking Conditions Easier to Fathom

On 1 March 2017 the new General Banking Conditions (“GBC”) will enter into force. In close consultations with the Netherlands Bankers'...

28 november 2016 

Kennedy Van der Laan Only Non-British Firm Nominated for The Lawyer Business Leadership Awards 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 

eBook FinTech The Latest (Legal) Developments

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 

Amendment of Exemption Regulation Wft; Continuation of Current Crowdfunding Practice

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 Partner of Groningen Centre for European Financial Services Law

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 

Jan Broekhuizen Financial Regulatory Partner at Kennedy Van der Laan

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 

Bill for Supervision of Credit Unions: Life Buoy for SMEs?

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 

Council of State Rules on Expropriation of SNS Bank; a Brief Analysis

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 

New Judgment of the Dutch Supreme Court Regarding Collective Deed of Pledge

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 

Privilege and right of Attachment of Tax Authorities Reinforced as of 1 January 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 

Further Restraints on Executive Compensation

Compensation Policy in the Financial Supervision Act We have previously written in this newsletter about the Regulation on Restrained Compensation...

28 february 2012 

Duty of Care of Banks Towards Third Parties, Help For Practice

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 

New Late Payments Directive

Despite the implementation of Directive 2000/35/EC on combating late payment in commercial transactions in 2002, the European Commission (the...

06 december 2011 

Payment Service Providers and Payment Service Agents Take Care: Wwft Scope Has Been Extended!

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 

Recent Developments in Company Law

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 

Application and Scope of CDD Regulations in Practice

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 

Incorporating a BV and NV Made More Simple as of 1 July 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 

Regulation on Restrained Remuneration Policies Dutch Financial Supervision Act 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 

Supervision of Credit Rating Agencies

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 

Directors' Liability and Indemnification

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 

ICGN Yearbook 2006 - Corporate Governance in Asia

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 

ICGN 2006 Yearbook - Corporate Governance Policy Reform in China - An Update

Louis Bouchez and Mathilde Mesnard, corporate affiars division of the OECD China has introduced laws, regulations and codes for better corporate...

01 january 2006 

The Quality of Corporate Law and the Role of Corporate Law Judges

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 
Joost Achterberg

Joost Achterberg

Attorney at law, Counsel

  • Joost Achterberg https://kvdl.com/our-people/joost-achterberg/ Attorney at law, Counsel +31 20 5506 826 joost.achterberg@kvdl.com http://www.linkedin.com/pub/joost-achterberg/b/175/a9a
  • Joris van Horzen https://kvdl.com/our-people/joris-van-horzen/ Attorney at law, Partner +31 20 5506 655 joris.van.horzen@kvdl.com
  • Frits van der Woude https://kvdl.com/our-people/frits-van-der-woude/ Attorney at law, Mediator, Partner +31 20 5506 879 frits.van.der.woude@kvdl.com nl.linkedin.com/pub/frits-van-der-woude/1a/542/195
  • Jan Broekhuizen https://kvdl.com/our-people/jan-broekhuizen/ Attorney at law, Partner +31 20 5506 629 jan.broekhuizen@kvdl.com https://nl.linkedin.com/in/broekhuizenjan