An important part of the work of NautaDutilh 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.
Our custody, clearing and settlement, and cash management services are broad and include:
- Devising and advising on structures;
- Drafting legal documentation for clearing and settlement systems;
- Drafting and negotiating cash management documentation, custody agreements and clearing documentation;
- Resolving issues relating to settlement failures and clearing incorrect transactions;
- Providing legal opinions;
- Resolving issues relating to securities, offsetting and netting;
- Promoting the interests of market parties in the context of national and European regulations;
- Conducting legal proceedings; and
- Advising on the impact of supervisory rules such as the CRR (II), BRRD (II) / SRM (II), PSD II, CSDR and EMIR (II).
We provide custody, clearing and settlement services for national and international CSDs, central counterparties (CCPs), custodians, clearing members and their institutional clients. We provide cash management services to national and international banks and assist corporate treasury departments.
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What others say
NautaDutilh is adept across the full spectrum of financial regulation matters, and is noted for its expertise in securities settlement systems and central securities depositories (CSD) work.
The Legal 500 | 2019
NautaDutilh’s "excellent, quick and pragmatic" department is highly regarded by clients for its "in-depth knowledge".
The Legal 500 | 2018
"Very good knowledge of financial law and regulatory matters," adding that "they know the sector and the regulators and work for multiple clients in that field, which adds to the value of their advice. They work fast and are dedicated."
Chambers | 2018