We have a long-standing reputation for acting for pension funds in matters concerning their fund governance and supervision. A dedicated investment management group focuses on the investment management industry in the broadest sense and operates at the forefront of legal developments in the pension sector, including the development of fiduciary asset management, asset pooling structures and new vehicles for pension pooling (e.g. PPI). Recent trends include ‘mergers’ of pension funds, including transfers of pension schemes both nationally and internationally (IORP).
In addition, De Brauw advises on all regulatory matters relating to the pensions sector, such as designing and implementing pension schemes, employment matters, capital requirements, compliance, outsourcing and matters relating to supervision by the Dutch Central Bank.
On the contentious side, we successfully represent pension funds and other institutions in enforcement actions brought by the Dutch Central Bank and the Netherlands Authority for the Financial Markets. So far, in line with our clients’ preferences, we have succeeded in keeping most of our engagements confidential, resolving issues with enforcement agencies amicably and out-of-court.
Our litigation practice also handles all civil disputes that may ensue in connection with pensions, such as disputes about funding obligations and changes in retirement benefits.