The organisation, operation, services and products of national and international financial institutions
The supervision of financial institutions has become increasingly important due to the many new regulations that have been introduced in recent years. This makes an integral approach indispensable.
NautaDutilh’s Financial Law Group specialises in the organisation, operation, services and products of national and international financial institutions. The team covers all areas of financial law and is involved in a wide variety of transactions.
The group is renowned for its regulatory work for national and international financial institutions, from established names to FinTechs and start-ups.
We offer a broad range of services, from advising on license applications, other regulatory approvals and product development, to conducting specialised legal proceedings. We operate cross-border where necessary, both in our domestic markets of Belgium, the Netherlands and Luxembourg and outside it.
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We among others advise:
- Banks;
- Insurance companies;
- Investment firms;
- Payment service providers and e-money issuers;
- Investment funds;
- Pension funds;
- Credit providers and servicers;
- Intermediaries; and
- Other financial services providers, such as CCPs and CSDs.
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Advise on EU initiatives
A substantial amount of rules and regulations applicable to the financial markets is introduced on an EU level. In addition to advising on national legislation, we also advise on these EU initiatives, both existing and upcoming. This amongst others includes:
- AIFMD / UCITS
- AMLD
- Benchmark Regulation
- BRRD / SRM Regulation
- CRR / CRD
- CSDR
- EMIR
- IDD
- Investment Firm Regulation (IFR) / Directive (IFD)
- MiFID II / MiFIR
- PRIIPs
- PSD II
- Securities Financing Transactions (SFT) Regulation
- Solvency II
Clients regard our group as the market leader in Netherlands financial regulatory law. Our work on financial regulatory law is consistently ranked as Tier 1 by leading legal directories as Chambers and The Legal 500.
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What others say
Quotes The Netherlands
- ‘Very strong team which assisted us in several FIC M&A transactions. Consistent support and team availability, quick and concise responses and excellent preparation to execution certainty.’
The Legal 500 2023 - ‘Outstanding level of service. In the 10 years I have been working with the team, they have always delivered or exceeded expectations.’
The Legal 500 2023 - ‘Their depth of knowledge in the field of mortgage lending is unrivalled in the Dutch market.’
The Legal 500 2023 - "The firm is knowledgeable about current market trends and updates."
Chambers Europe 2023 - "The lawyers understand the clients' needs and are aware of the expectations of supervisory authorities."
Chambers Europe 2023 - "The team took us by the hand through the whole process. The lawyers are very communicative."
Chambers Europe 2023 - ‘The financial services regulatory team at NautaDutilh can be described as “one of a kind” compared to other firms. Each of the team members have their own field of expertise and together they are able to assist and advise on restructuring and regulatory matters involving licensing requests with our local regulator. Clients are guided step by step through the process, deadlines are made on time and any kind of issues that come up during the process are tackled. Their knowledge about regulatory topics such as EMIR, MiFID II, MiFIR is excellent.’
The Legal 500 2022 - ‘Thorough understanding of the working practices of the DNB. Good working relationship with the DNB.’
The Legal 500 2022
Quotes Belgium:- "The team is very responsive which is advantageous and understands our business really well."
Chambers Europe 2023 - "Very responsive, great knowledge, easy to work with."
IFLR1000 2022 - "Being deeply ensconced in the fund management market, in particular the alternative asset management market."
IFLR1000 2022
Quotes Luxembourg:
- "Great knowledge, responsive and pleasant to work with."
IFLR1000 2022
- ‘Very strong team which assisted us in several FIC M&A transactions. Consistent support and team availability, quick and concise responses and excellent preparation to execution certainty.’
We are active in the following areas:
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Custody, clearing & settlement, cash management
An important part of our work concerns custody, clearing and settlement, and cash management (including physical and notional cash pooling). Our work is often cross-border. Examples include international cash pooling structures and international custody structures.
We use our creativity and operational knowledge to create legal simplicity where possible, resulting in clear, practical solutions.
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Derivatives, repos and securities lending
NautaDutilh builds on many years’ experience with (OTC) derivatives, repurchase transactions and securities lending. We are the author of major industry standard jurisdiction opinions, including the ISDA Collateral Opinion on the ISDA Credit Support Documents, the ISDA / FIA Cleared Opinion, the ISDA CM Reliance Opinion and the ISDA Client Reliance Opinion for the Netherlands and the annual ICMA / ISLA jurisdiction opinions for the Netherlands.
We regularly assist ISDA and many international and Dutch market parties in respect of their dealings in derivatives, repo's, securities lending, prime brokerage and other financial products. We act for national and international financial institutions on both the sell-side and the buy-side.
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Financial Services and Products
We translate innovative commercial ideas into well-structured and legally sound products and services and supervise the drafting of related documentation. Thanks to our years of experience, we know the financial markets, product developments and the supervisory authorities like the back of our hands. We are known for our strong regulatory expertise and ranked by all major guides as Tier 1 in relation to regulatory.
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Payment Services
We have extensive and unrivalled experience in the field of payment / e-money products and license applications. We are known for our strong regulatory expertise and ranked by all major guides as Tier 1 in relation to regulatory.
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Regulatory
Regulation of the financial sector has increased rapidly and is ever evolving with new and updated regulations being under development. The proliferation of new regulations has a major impact on the operations and earning models of financial institutions.
With its Financial Law Group, NautaDutilh has one of the premier regulatory practices. We are fully familiar with current regulations and supervisory practice, and their impact on organisations and products. Clients appreciate our added value in this field.
