Regulation of the financial sector is increasing rapidly with more and more new regulations under development. The proliferation of new regulations is having a major impact on the operations and earning models of financial institutions.
With its Financial Services, Derivatives & Regulatory Group, NautaDutilh has one of the premier regulatory practices. We are fully familiar with current regulations and their impact on organisations and products. But we think a lot further than the rules. 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.
Relevant developments on which we provide advice include Basel III/CRD IV, Banking Union, Recovery and Resolution Directive, MiFID II, AIFMD, PSD/PSD2, Solvency II, the Mortgages Directive, PRIPs, IMD2, AML policies and new pension regulations. We also advise on codes of conduct (such as the commission prohibition), the governance of the financial industry (e.g. remuneration and suitability requirements), capital requirements (solvency, liquidity and leverage ratios), governance of regulated entities, take-over regulations, data protection etc.
Our services in the area of regulatory are wide-ranging and include:
• Advice on the impact of current and future regulation;
• Structuring and assisting with regulatory aspects of financial transactions;
• Assistance with license applications;
• Assistance with other approval procedures such as approvals for acquisitions;
• 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.