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.
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.
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’.
Almost two years ago I published an article here about the state of affairs after the judgment of the ECJ (NN/Van Leeuwen) around investment-linked...28 august 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 has published its rankings for 2017. On the basis of annual extensive research on the market and among clients, Chambers and...13 april 2017
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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
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Annual report The Netherlands Authority for the Financial Markets Indicates a Tendency for More Informal Enforcement of the Financial Supervision Act
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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.
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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?
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Compensation Policy in the Financial Supervision Act We have previously written in this newsletter about the Regulation on Restrained Compensation...28 february 2012
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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
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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
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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