When a legal opinion is required or considered desirable NautaDutilh is the go-to firm in the Netherlands. Our dedicated legal opinion team has been issuing legal opinions across different sectors for decades and thereby gained a great deal of experience and in-depth knowledge.
We are the author of major industry standard jurisdiction opinions provided to ISDA and ICMA / ISLA, which can be relied upon by their members across the globe when entering into derivatives, repo's, securities lending transactions, as well as accompanying collateral arrangements, with the relevant Netherlands or Dutch Caribbean parties. As a result, we frequently act for financial institutions from all parts of the world with respect to their transactions. We also regularly advise on clients' tailored prime brokerage documentation.
Furthermore, we regularly provide national and international institutions with supplemental ('top-up') opinions on ISDA and GMRA / GMSLA documentation when dealing with certain specific (types of) Dutch counterparties, such as pension funds, investment funds, partnerships and the Dutch State.
We also provide legal opinions to assist financial institutions in meeting their regulatory (capital) requirements or addressing the effectiveness of certain provisions such as close-out netting, set-off or collateral taken on a security interest basis in the case of insolvency. Finally, we provide specialised legal opinions to address particular needs of financial institutions.
In brief, we provide legal opinions among others regarding:
- Repo's and securities lending transactions;
- CRR-driven opinions on security and other collateral documents;
- Prime brokerage arrangements; and
- Other regulatory driven opinions, e.g. in the context of CRR or EMIR exemptions.
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What others say
NautaDutilh’s team has "a good relationship with the regulator and access to all levels" and is "proactive and provides solutions before issues become problems".
The Legal 500 | 2019
"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
NautaDutilh’s "excellent, quick and pragmatic" department is highly regarded by clients for its "in-depth knowledge".
The Legal 500 | 2018