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.
We are closely involved in the entire regulatory process. We keep a close eye on the development of new regulations, provide advice on their consequences and try to adjust them where necessary. Once regulations have been introduced, we provide advice regarding their implementation, compliance with them, and their impact on our clients' organisations and products. We also act as counsel for our clients in discussions with regulatory bodies, including the Netherlands Authority for Financial Markets (AFM), the Dutch Central Bank (DNB), the European Central Bank (ECB) and the Single Resolution Board (SRB).
We cover all areas of financial law and are involved in a wide variety of projects, transactions and advisory work.
Relevant developments on which we provide advice include the Basel Standards (including the Basel III Reforms or Basel IV), CRR (II), BRRD (II) / SRM (II), MiFID II / MiFIR, AIFMD / UCITS, PSD II, Solvency II, PRIIPs, IDD, EMIR (II), Benchmark Regulation, Securities Financing Transactions (SFT) Regulation, AML policies and new pension regulations.
We also advise on codes of conduct (such as the Banking Code and the Code of Conduct for lending to small businesses), the governance of the financial industry (e.g. remuneration and suitability requirements), capital and resolution requirements (solvency, liquidity, leverage ratios and MREL), governance of regulated entities, take-over regulations (such as declarations of no objection), data protection (GDPR) etc.
Based on our decades of expertise in the financial sector, open-minded approach and adaptive thinking, we have also been able to steer new business initiatives through the regulatory landscape, bridging the gap between legal requirements and (FinTech) opportunities.
Our services in the area of regulatory are wide-ranging and include:
- Advice on the impact of current and future regulations;
- Structuring and assisting with regulatory aspects of financial transactions;
- Assistance with license applications and obtaining regulatory approvals (such as declarations of no objection);
- Advice on the structuring and regulatory compliance of FinTech initiatives;
- Ensuring ongoing compliance with financial regulatory laws;
- Outsourcing arrangements;
- Promoting the interests of market parties in the context of national and European regulations;
- Providing support in discussions with regulatory bodies, both informally and in court; and
- Resolving cross-border regulatory issues.
The team’s extensive knowledge of both European and local regulation and the impact of such regulation enables us to provide practical solutions to complex problems. NautaDutilh is renowned in the regulatory field for its work for national and international banks, insurance companies, investment companies and institutions, asset managers and investment funds, pension funds and other financial institutions. We also assist non-financial institutions that are subject to financial regulatory law.
We are the authors of 'Hoofdlijnen Wft' (Main Principles of the Financial Supervision Act - L.J. Silverentand & F.W.J. van der Eerden et.al. fourth edition 2018, Kluwer, Deventer). Professionals in the financial world use 'Hoofdlijnen Wft' as a manual. 'Hoofdlijnen Wft' is also used as a Master's Degree textbook in financial law at universities throughout the Netherlands.
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What others say
Our work on financial regulatory law is consistently ranked as Tier 1 by leading legal directories as Chambers and The Legal 500.
Premier regulatory department which assists Dutch and international financial institutions with complex and innovative projects, offering notable experience in payment services and insurance. "The team's appeal is that the lawyers are very well connected and possess deep insight into the Dutch regulatory environment."
Chambers Europe | 2019
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
Up to date on all relevant developments with respect to upcoming laws and regulations regarding the financial services sector, as well as what is boiling within the supervisory authorities (do's and don'ts). Pragmatic and practical legal regulatory advice, accessible to non-lawyers too. Available day and night to address pressing situations.
IFLR1000 | 2019